Coast Protection Act 1949, Section 34

Consenting organisation

Marine Management Organisation (MMO). Devon Sea Fisheries Committee (DSFC) will be consulted on any developments below mean high water springs, especially where dredging is involved.

Details

The purpose of this act is to ensure that development on the coast does not adversely affect the safety of navigation.

When is it required

Consent is required for the following:

• The construction, alteration or improvement of any works under or over any part of the seashore lying below the level of mean high water springs
• The deposit of any object or materials below the level of mean high water springs
• The removal of any object or materials from the seashore below the level of mean low water springs, such as dredging

Associated legislation

Coast Protection Act, 1949.

Application process

• Relevant checks will be made to ensure all information has been sent. This information will then be put into the database.
• Ensure correct payment is received from the applicant.
• A letter is sent out to the applicant outlining a set date when MMO hope to have reached a decision.
• Where screening is not required, the applicant will be notified of this in writing.
• MMO will liaise with consultees within the following five weeks.
• Consultation responses are then considered and entered into a database. The responses are analysed, and any key issues relating to the marine ecosystem, human health and other users of the sea are identified.
• Consideration of possible conditions to mitigate or minimise these potential problems and consideration of navigational issues.
• Where screening and/or scoping is consulted on will determine whether or not an Environmental Impact Assessment (EIA) is required. Provide the opinions for the applicant in a written statement and whatever is chosen is publicised and made available on public register.
• If an EIA is needed, an environmental statement will be provided, and on receipt of this the applicant is to publicise and wait 42 days for a public response.
• Where the need for an appropriate assessment is identified, this is to be undertaken as part of the EIA.
• Determine licence conditions, based upon input from different consultees and outcomes of discussions on areas of concern. This draft is to be shared with key consultees.
• Key elements of the licence need to be included within the covering letter, accompanied by the licence itself.
• A copy of the licence is sent to all key consultees.
• During the follow-up to the issuing of the licence, identification of what information is required to meet with these conditions and when, including disposal returns and monitoring requirements.
• When the information is received a copy is sent to the relevant organisation in case they wish to comment.
• Comments are considered in relation to the implications put on the licence and where a problem occurs the licence holder is informed by telephone. This is followed up by a more formal letter where necessary.

Appeals procedure

No appeals procedure available.

Consultation process

MMO will consult with relevant consultees to comment on the proposed development.

Course of action under the habitats regulations

MMO will seek advice on whether the works in the application represent a plan or a project within the meaning of the Habitats Regulations. If it does then the Habitats Regulations procedures will apply and an appropriate assessment will be done.

Timescales

Where screening is not required the timescale is at least five weeks but it depends on the type of work to be done. Contact the consenting organisation for further information.

Cost

Contact the consenting organisation for further information.

Contact details

Devon Sea Fisheries Committee (DSFC)

Old Foundry Court, 60a Fore Street, Brixham, Devon, TQ5 8DZ
Telephone: 01803 854648
Website: Devon Sea Fisheries Committee

Duchy of Cornwall (not a relevant authority)

Lamellion House, Station Road, Liskeard, Cornwall, PL14 4EE
Telephone: 01579 343149
Website: Duchy of Cornwall

Marine Management Organisation

Head Office: Hampshire Court, Newcastle Business Park, Newcastle upon Tyne, NE4 7YH.

Plymouth Office: Fish Quay, Sutton Harbour, Plymouth, PL4 0HL
Telephone: 01752 228001 (initial contact with Plymouth office is recommended)
Website: Marine Management

Tamar Estuaries Consultative Forum (TECF)

C/o Development Planning, Plymouth City Council, Civic Centre, Plymouth, PL1 2EW
Telephone: 01752 304339
Website: Tamar Estuaries

Remember! You may require further consents. Visit the Development page to find out.