Local Plan Review: Preferred Approach 2016-2035

After reading the Chichester Local Plan Review 2035, for the local plan to be found sound there should be a clear inclusion of marine planning in line with the NPPF and Marine and Coastal Access Act (MCAA).

NPPF: 166. In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes.

MCAA: 58(1). A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents.

MCAA: 58(3). A public authority must have regard to the appropriate marine policy documents in taking any decision which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area.

The PAS soundness self-assessment checklist also states a recommended requirement to "take account of marine planning".

We recommend reference to the legal duty to co-operate with the Marine Management Organisation, as well as reference to Marine Planning, the Marine Policy Statement, and the South Marine Plan.

The marine planning remit is directly for coastal and marine waters up to the mean high water spring mark where Chichester district council extends to the mean low spring water mark (we can supply a GIS layer of the spatial extent for any policy maps if you wish). The area covered by the Chichester Local Plan Review 2035 lies within the South Marine Plan Area therefore, it is recommended to ensure your plan is 'sound' that it includes a reference to the South Marine Plan. There are policies within the Chichester Local Plan Review 2035 that have marine relevance and so it is recommended that the South Marine Plan and specific policies are referred to in these sections. For example, policies: S18, S25, S27, S31. Please also note that any works undertaken in the development of flood risk management may require a marine licence.

Examples of South Marine Plan policies that you may wish to consider are listed below. Hyperlinks are provided for further information (in original email). These policies are provided only as a recommendation and we suggest that your own interpretation of the South Marine Plan is completed.
* S-CC-1: Proposals must consider their contribution to greenhouse gas emissions arising from unintended consequences on other activities. Where such consequences are likely to result in increased greenhouse gas emissions, proposals should demonstrate in order of preference:
a) avoid
b) minimise
c) mitigate unintended consequences on other activities.
* S-CC-2: Proposals should demonstrate for the lifetime of the proposal that:
1. they are resilient to the effects of climate change
2. they will not have a significant adverse impact upon climate change adaptation measures elsewhere.
In respect of 2) proposals should demonstrate that they will, in order of preference:
avoid
b) minimise
c) mitigate the significant adverse impacts upon these climate change adaptation measures.
* S-CC-3: Proposals in and adjacent to the south marine plan areas that are likely to have a significant adverse impact on coastal change should not be supported.
* S-CC-4: Proposals that may have a significant adverse impact on habitats that provide a flood defence or carbon sequestration ecosystem service must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-SOC-1: Proposals that enhance or promote social benefits will be supported. Proposals must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts which result in the displacement of other existing or authorised (but yet to be implemented) activities that generate social benefits.
* S-ACC-1: Proposals, including in relation to tourism and recreation, should demonstrate that they will in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on public access
* S-ACC-2: Proposals demonstrating enhanced public access to and within the marine area will be supported.
* S-TR-1: Proposals supporting, promoting or facilitating tourism and recreation activities, particularly where this creates additional utilisation of related facilities beyond typical usage patterns, should be supported.
* S-TR-2: Proposals that enhance or promote tourism and recreation activities will be supported. Proposals for development must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on tourism and recreation activities.
* S-BIO-1: Proposals that may have significant adverse impacts on natural habitat and species adaptation, migration and connectivity must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-BIO-2: Proposals that incorporate features that enhance or facilitate natural habitat and species adaptation, migration and connectivity will be supported.
* S-BIO-3: Proposals that enhance coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services will be supported. Proposals must take account of the space required for coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services and demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate for net loss of coastal habitat.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-WQ-1: Proposals that may have significant adverse impacts upon water environment, including upon habitats and species that can be of benefit to water quality must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-WQ-2: Activities that can deliver an improvement to water environment, or enhance habitats and species which can be of benefit to water quality should be supported.

You may wish to refer to the South Marine Plan, the UK Marine Policy Statement (MPS), our online guidance, the Marine Information System and the Planning Advisory Service soundness self-assessment checklist.

After reading the Chichester Local Plan Review 2035, for the local plan to be found sound there should be a clear inclusion of marine planning in line with the NPPF and Marine and Coastal Access Act (MCAA).

NPPF: 166. In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes.

MCAA: 58(1). A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents.

MCAA: 58(3). A public authority must have regard to the appropriate marine policy documents in taking any decision which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area.

The PAS soundness self-assessment checklist also states a recommended requirement to "take account of marine planning".

We recommend reference to the legal duty to co-operate with the Marine Management Organisation, as well as reference to Marine Planning, the Marine Policy Statement, and the South Marine Plan.

The marine planning remit is directly for coastal and marine waters up to the mean high water spring mark where Chichester district council extends to the mean low spring water mark (we can supply a GIS layer of the spatial extent for any policy maps if you wish). The area covered by the Chichester Local Plan Review 2035 lies within the South Marine Plan Area therefore, it is recommended to ensure your plan is 'sound' that it includes a reference to the South Marine Plan. There are policies within the Chichester Local Plan Review 2035 that have marine relevance and so it is recommended that the South Marine Plan and specific policies are referred to in these sections. For example, policies: S18, S25, S27, S31. Please also note that any works undertaken in the development of flood risk management may require a marine licence.

Examples of South Marine Plan policies that you may wish to consider are listed below. Hyperlinks are provided for further information (in original email). These policies are provided only as a recommendation and we suggest that your own interpretation of the South Marine Plan is completed.
* S-CC-1: Proposals must consider their contribution to greenhouse gas emissions arising from unintended consequences on other activities. Where such consequences are likely to result in increased greenhouse gas emissions, proposals should demonstrate in order of preference:
a) avoid
b) minimise
c) mitigate unintended consequences on other activities.
* S-CC-2: Proposals should demonstrate for the lifetime of the proposal that:
1. they are resilient to the effects of climate change
2. they will not have a significant adverse impact upon climate change adaptation measures elsewhere.
In respect of 2) proposals should demonstrate that they will, in order of preference:
avoid
b) minimise
c) mitigate the significant adverse impacts upon these climate change adaptation measures.
* S-CC-3: Proposals in and adjacent to the south marine plan areas that are likely to have a significant adverse impact on coastal change should not be supported.
* S-CC-4: Proposals that may have a significant adverse impact on habitats that provide a flood defence or carbon sequestration ecosystem service must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-SOC-1: Proposals that enhance or promote social benefits will be supported. Proposals must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts which result in the displacement of other existing or authorised (but yet to be implemented) activities that generate social benefits.
* S-ACC-1: Proposals, including in relation to tourism and recreation, should demonstrate that they will in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on public access
* S-ACC-2: Proposals demonstrating enhanced public access to and within the marine area will be supported.
* S-TR-1: Proposals supporting, promoting or facilitating tourism and recreation activities, particularly where this creates additional utilisation of related facilities beyond typical usage patterns, should be supported.
* S-TR-2: Proposals that enhance or promote tourism and recreation activities will be supported. Proposals for development must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on tourism and recreation activities.
* S-BIO-1: Proposals that may have significant adverse impacts on natural habitat and species adaptation, migration and connectivity must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-BIO-2: Proposals that incorporate features that enhance or facilitate natural habitat and species adaptation, migration and connectivity will be supported.
* S-BIO-3: Proposals that enhance coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services will be supported. Proposals must take account of the space required for coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services and demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate for net loss of coastal habitat.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-WQ-1: Proposals that may have significant adverse impacts upon water environment, including upon habitats and species that can be of benefit to water quality must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-WQ-2: Activities that can deliver an improvement to water environment, or enhance habitats and species which can be of benefit to water quality should be supported.

You may wish to refer to the South Marine Plan, the UK Marine Policy Statement (MPS), our online guidance, the Marine Information System and the Planning Advisory Service soundness self-assessment checklist.

After reading the Chichester Local Plan Review 2035, for the local plan to be found sound there should be a clear inclusion of marine planning in line with the NPPF and Marine and Coastal Access Act (MCAA).

NPPF: 166. In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes.

MCAA: 58(1). A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents.

MCAA: 58(3). A public authority must have regard to the appropriate marine policy documents in taking any decision which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area.

The PAS soundness self-assessment checklist also states a recommended requirement to "take account of marine planning".

We recommend reference to the legal duty to co-operate with the Marine Management Organisation, as well as reference to Marine Planning, the Marine Policy Statement, and the South Marine Plan.

The marine planning remit is directly for coastal and marine waters up to the mean high water spring mark where Chichester district council extends to the mean low spring water mark (we can supply a GIS layer of the spatial extent for any policy maps if you wish). The area covered by the Chichester Local Plan Review 2035 lies within the South Marine Plan Area therefore, it is recommended to ensure your plan is 'sound' that it includes a reference to the South Marine Plan. There are policies within the Chichester Local Plan Review 2035 that have marine relevance and so it is recommended that the South Marine Plan and specific policies are referred to in these sections. For example, policies: S18, S25, S27, S31. Please also note that any works undertaken in the development of flood risk management may require a marine licence.

Examples of South Marine Plan policies that you may wish to consider are listed below. Hyperlinks are provided for further information (in original email). These policies are provided only as a recommendation and we suggest that your own interpretation of the South Marine Plan is completed.
* S-CC-1: Proposals must consider their contribution to greenhouse gas emissions arising from unintended consequences on other activities. Where such consequences are likely to result in increased greenhouse gas emissions, proposals should demonstrate in order of preference:
a) avoid
b) minimise
c) mitigate unintended consequences on other activities.
* S-CC-2: Proposals should demonstrate for the lifetime of the proposal that:
1. they are resilient to the effects of climate change
2. they will not have a significant adverse impact upon climate change adaptation measures elsewhere.
In respect of 2) proposals should demonstrate that they will, in order of preference:
avoid
b) minimise
c) mitigate the significant adverse impacts upon these climate change adaptation measures.
* S-CC-3: Proposals in and adjacent to the south marine plan areas that are likely to have a significant adverse impact on coastal change should not be supported.
* S-CC-4: Proposals that may have a significant adverse impact on habitats that provide a flood defence or carbon sequestration ecosystem service must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-SOC-1: Proposals that enhance or promote social benefits will be supported. Proposals must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts which result in the displacement of other existing or authorised (but yet to be implemented) activities that generate social benefits.
* S-ACC-1: Proposals, including in relation to tourism and recreation, should demonstrate that they will in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on public access
* S-ACC-2: Proposals demonstrating enhanced public access to and within the marine area will be supported.
* S-TR-1: Proposals supporting, promoting or facilitating tourism and recreation activities, particularly where this creates additional utilisation of related facilities beyond typical usage patterns, should be supported.
* S-TR-2: Proposals that enhance or promote tourism and recreation activities will be supported. Proposals for development must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on tourism and recreation activities.
* S-BIO-1: Proposals that may have significant adverse impacts on natural habitat and species adaptation, migration and connectivity must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-BIO-2: Proposals that incorporate features that enhance or facilitate natural habitat and species adaptation, migration and connectivity will be supported.
* S-BIO-3: Proposals that enhance coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services will be supported. Proposals must take account of the space required for coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services and demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate for net loss of coastal habitat.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-WQ-1: Proposals that may have significant adverse impacts upon water environment, including upon habitats and species that can be of benefit to water quality must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-WQ-2: Activities that can deliver an improvement to water environment, or enhance habitats and species which can be of benefit to water quality should be supported.

You may wish to refer to the South Marine Plan, the UK Marine Policy Statement (MPS), our online guidance, the Marine Information System and the Planning Advisory Service soundness self-assessment checklist.

After reading the Chichester Local Plan Review 2035, for the local plan to be found sound there should be a clear inclusion of marine planning in line with the NPPF and Marine and Coastal Access Act (MCAA).

NPPF: 166. In coastal areas, local planning authorities should take account of the UK Marine Policy Statement and marine plans and apply Integrated Coastal Zone Management across local authority and land/sea boundaries, ensuring integration of the terrestrial and marine planning regimes.

MCAA: 58(1). A public authority must take any authorisation or enforcement decision in accordance with the appropriate marine policy documents.

MCAA: 58(3). A public authority must have regard to the appropriate marine policy documents in taking any decision which relates to the exercise of any function capable of affecting the whole or any part of the UK marine area.

The PAS soundness self-assessment checklist also states a recommended requirement to "take account of marine planning".

We recommend reference to the legal duty to co-operate with the Marine Management Organisation, as well as reference to Marine Planning, the Marine Policy Statement, and the South Marine Plan.

The marine planning remit is directly for coastal and marine waters up to the mean high water spring mark where Chichester district council extends to the mean low spring water mark (we can supply a GIS layer of the spatial extent for any policy maps if you wish). The area covered by the Chichester Local Plan Review 2035 lies within the South Marine Plan Area therefore, it is recommended to ensure your plan is 'sound' that it includes a reference to the South Marine Plan. There are policies within the Chichester Local Plan Review 2035 that have marine relevance and so it is recommended that the South Marine Plan and specific policies are referred to in these sections. For example, policies: S18, S25, S27, S31. Please also note that any works undertaken in the development of flood risk management may require a marine licence.

Examples of South Marine Plan policies that you may wish to consider are listed below. Hyperlinks are provided for further information (in original email). These policies are provided only as a recommendation and we suggest that your own interpretation of the South Marine Plan is completed.
* S-CC-1: Proposals must consider their contribution to greenhouse gas emissions arising from unintended consequences on other activities. Where such consequences are likely to result in increased greenhouse gas emissions, proposals should demonstrate in order of preference:
a) avoid
b) minimise
c) mitigate unintended consequences on other activities.
* S-CC-2: Proposals should demonstrate for the lifetime of the proposal that:
1. they are resilient to the effects of climate change
2. they will not have a significant adverse impact upon climate change adaptation measures elsewhere.
In respect of 2) proposals should demonstrate that they will, in order of preference:
avoid
b) minimise
c) mitigate the significant adverse impacts upon these climate change adaptation measures.
* S-CC-3: Proposals in and adjacent to the south marine plan areas that are likely to have a significant adverse impact on coastal change should not be supported.
* S-CC-4: Proposals that may have a significant adverse impact on habitats that provide a flood defence or carbon sequestration ecosystem service must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-SOC-1: Proposals that enhance or promote social benefits will be supported. Proposals must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts which result in the displacement of other existing or authorised (but yet to be implemented) activities that generate social benefits.
* S-ACC-1: Proposals, including in relation to tourism and recreation, should demonstrate that they will in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on public access
* S-ACC-2: Proposals demonstrating enhanced public access to and within the marine area will be supported.
* S-TR-1: Proposals supporting, promoting or facilitating tourism and recreation activities, particularly where this creates additional utilisation of related facilities beyond typical usage patterns, should be supported.
* S-TR-2: Proposals that enhance or promote tourism and recreation activities will be supported. Proposals for development must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts on tourism and recreation activities.
* S-BIO-1: Proposals that may have significant adverse impacts on natural habitat and species adaptation, migration and connectivity must demonstrate that they will, in order or preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-BIO-2: Proposals that incorporate features that enhance or facilitate natural habitat and species adaptation, migration and connectivity will be supported.
* S-BIO-3: Proposals that enhance coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services will be supported. Proposals must take account of the space required for coastal habitats where important in their own right and/or for ecosystem functioning and provision of goods and services and demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate for net loss of coastal habitat.
* S-EMP-1: Proposals that develop skills related to marine activities, particularly in line with local skills strategies, will be supported.
* S-EMP-2: Proposals resulting in a net increase to marine related employment will be supported, particularly where they are in line with the skills available in and adjacent to the south marine plan areas.
* S-WQ-1: Proposals that may have significant adverse impacts upon water environment, including upon habitats and species that can be of benefit to water quality must demonstrate that they will, in order of preference:
a) avoid
b) minimise
c) mitigate significant adverse impacts
* S-WQ-2: Activities that can deliver an improvement to water environment, or enhance habitats and species which can be of benefit to water quality should be supported.

You may wish to refer to the South Marine Plan, the UK Marine Policy Statement (MPS), our online guidance, the Marine Information System and the Planning Advisory Service soundness self-assessment checklist.