Dorade Law has extensive experience in advising port and harbour authorities on the marine development consents that may be required instead of or in addition to a harbour order.
Some marine developments require marine licences under the Marine & Coastal Access Act 2009 and/or planning permission under the Town & Country Planning Act 1990.
The types of activities taking place below mean high water that might require a marine licence include:
- Construction, alteration or improvement of works
- Dredging
- Deposit, incineration or removal of any substance or object
- Scuttling of any vessel
A port or harbour authority is exempt from the need to obtain a marine licence for dredging and disposal of dredged material where such activities are specifically authorised by the harbour authority’s own harbour legislation.
Planning authorities generally have jurisdiction down to the level of mean low water, so activity taking place in the inter-tidal area could fall under both the marine licensing and terrestrial planning regimes. Some activities undertaken by a port or harbour authority are permitted development that does not require planning permission, including:
- Transport related development for the purposes of shipping, or in connection with the embarking, loading etc of passengers or goods at a dock, pier or harbour
- Development specifically authorised by a harbour order.
It is important for a port or harbour authority to be confident that it has the necessary powers and/or consents for such activities to avoid incurring significant wasted costs and even prosecution. Dorade Law has the necessary expertise to advise port and harbour authorities on these matters and to give them that confidence.
