Clause 23
Marine and Coastal Access Bill [Lords]
3:30 pm
Roger Gale (North Thanet, Conservative)
With this, it will be convenient to discuss the following: amendment 6, in clause 23, page 16, line 26, at end insert—
‘(5A) After section 60 insert—
“60A Advice from the Marine Management Organisation
(1) Subsection (2) applies where the Commission—
(a) has accepted an application for an order granting development consent, and
(b) has received—
(i) a certificate under section 58(2) in relation to the application, and
(ii) where section 59 applies, a notice under that section in relation to the application, and
(c) the development for which the application seeks development consent would affect, or would be likely to affect, any of the areas specified in subsection (2).
(2) The areas are—
(a) waters in or adjacent to England up to the seaward limits of the territorial sea;
(b) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(c) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which Scottish Ministers have functions;
(d) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(3) The Commission must give notice in writing to the Marine Management Organisation, inviting it to submit to the Commission advice on the principal issues arising on the application which would affect, or would be likely to affect, any of the areas specified in subsection (2).
(4) A notice under subsection (3) must specify the deadline for receipt by the Commission of the advice.”’.
Amendment 7, in clause 23, page 17, line 6, at end insert—
‘(8) In section 104 (decisions of Panel and Council) after subsection (2), insert—
“(2A) The Panel or Council shall take any advice or representations received from the Marine Management Organisation into account—
(a) in deciding whether or not to make an order granting development consent, and
(b) if it does decide to do so, in deciding what (if any) requirements are to be imposed in connection with the development for which consent is granted.”.
(9) In section 105 (decisions of Secretary of State) in subsection (2), after paragraph (c) insert—
“(3) The Secretary of State shall take any advice or representations received from the Marine Management Organisation into account—
(a) in deciding whether or not to make an order granting development consent, and
(b) if it does decide to do so, in deciding what (if any) requirements are to be imposed in connection with the development for which consent is granted.”.
(10) In section 116 (reasons for decision to grant or refuse development consent) after subsection (1) insert—
“(1A) Where the Commission has received advice from the Marine Management Organisation, the reasons for decision to grant or refuse development consent must include a statement of how (if at all) the Commission has taken account of the Marine Management Organisation’s advice.”’.
Amendment 8, in clause 25, page 17, line 31, at end insert—
‘(2A) The MMO must advise the Infrastructure Planning Commission on all nationally significant infrastructure projects that are in or impact upon the UK marine area as defined in section 42.’.
New clause 1—Amendment of Planning Act 2008
‘In section 104 of the Planning Act 2008 (decisions of Panel and Council) at end of subsection (2) insert—
“(b) any advice from the Marine Management Organisation on applications which are in or are likely to impact on the UK marine area.”’.