UK Parliament / Open data

Marine and Coastal Access Bill [HL]

Paragraph 1 of Schedule 6 sets out a clear intention to ensure that at the start of preparing a marine plan the relevant plan authority must notify the local and regional planning bodies whose areas adjoin or are adjacent to the marine plan area. This includes terrestrial bodies and other marine plan authorities. This is so that each of these planning bodies has as much notice as possible about what is happening and can prepare for their involvement in other plans or perhaps decide to plan at the same time. This will be most beneficial in areas that are particularly difficult to manage, such as cross-border estuaries. We will discuss a number of amendments tabled by noble Lords on all sides of the House. Many of the principles are accepted by the Government, and I have tabled a series of amendments to achieve their effect. In moving my amendment, I shall speak to them. Amendments 89BG, 89BN, 89BJ, 89BL, 89BM and 89BN insert a requirement to take all reasonable steps to ensure compatibility with Scottish terrestrial development plans as well as with English plans and insert the appropriate definition of the development plan for Scotland. Amendment 89BL corrects an omission from the definition of the relevant Planning Act plan for Wales by inserting a reference to the development plan. Welsh development plans are included in the definition in sub-paragraph 5 and should also appear in sub-paragraph 4(b). I am also tabling further minor and technical amendments to paragraph 1 of Schedule 6. Amendments 89BZB and 89BZC change the reference for a marine plan authority to notify its intention to plan to marine plan authorities of regions related to the area about to be planned for. They substitute the term ““adjoins or is adjacent to”” because it is easier to identify at the start of the planning process what the adjoining or adjacent areas are. It may only be later, when planning starts in earnest, that it is clear that other planning authorities should be consulted. Paragraph 3 of Schedule 6 covers the situation if it becomes clear that another marine plan authority or local or regional planning body also has an interest, although it is not adjoining or adjacent. Under that paragraph, the marine plan authority must take all reasonable steps to ensure compatibility between its plans and the marine plans. There is an extensive consultation process when producing plans, as set out in paragraphs 3 to 7 of this schedule. The statement of public participation for each plan will ensure that should terrestrial or marine planning authorities, in addition to those whose areas adjoin or are adjacent to the marine plan area, have an interest, they will be consulted. Amendment 89BZD is a consequential amendment in that the provision related to Northern Ireland in paragraph 1(2)(d) will no longer be required since the Northern Ireland inshore region adjoins the Northern Ireland offshore region and the Scottish inshore region only. As marine plan authority for the Northern Ireland offshore region, the Department of Environment in Northern Ireland would be notified in any event. Since the Bill does not provide for marine planning in the Scottish inshore region, there is no marine plan authority for the Scottish inshore region under the Bill. Amendment 89BD is a further consequential amendment following from Amendments 89BZB and 89BZC because if the term ““related to”” is no longer used in this paragraph, there is no need for the definition in paragraph 1(3), and the sub-paragraph can be deleted. However, the term ““related to”” is used again in paragraph 3, so Amendment 89BK inserts the definition in that paragraph instead. I hope that is helpful by way of introduction. I am grateful to noble Lords who have tabled relevant amendments. I hope that noble Lords feel that what I have said shows that the Government’s amendments meet the situations that they seek to raise in your Lordships' House today.
Type
Proceeding contribution
Reference
708 c17-8 
Session
2008-09
Chamber / Committee
House of Lords chamber
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