News & Views

Due to the lack of a statutory definition of “marina” in the Marine Works EIA Regulations (MWR), the MMO has adopted a precautionary approach, classifying all marina-based activities under Schedule A2, Paragraph 83 (Tourism and Leisure). The MMO has defined a marina as “a specially designed harbour for small boats and yachts”. Our interpretation is that this could include leisure harbours, and other small boat berthing facilities e.g. sailing clubs.

THE IMPACT

As a result, all marine licence applications for works within a marina (in England) now require an EIA screening opinion, regardless of scale or whether the works are maintenance or development-related. Any projects meeting the criteria for Self Service under the Marine Licensing Regulations are confirmed to be exempt from the screening requirement. There is the potential for this issue to extend to the other devolved administrations.

This additional information is required under the Marine Works EIA Regulations (MWR) and enables the MMO to assess if a project has a likely significant effect, thereby requiring an Environmental Statement alongside the application for the marine licence.

The MMO’s decision to require a screening opinion for projects connected to a marina does not mean that the project will always require an EIA, but ensures that the criteria for MWR compliance is met.

Furthermore, there are early indications that variations to existing licenses are also likely to be captured by the need for EIA screening.

COMPULSORY STEP, TIME AND COSTS

The screening process introduces a compulsory additional step to the licensing process, with an indicative 8-week determination period and additional costs to applicants. Current Licence applications are being placed on hold until an EIA screening request is submitted and all new applications will require a screening process is complete before they will be considered.

LACK OF DEFINITION

The issue arises from the Marine Works EIA Regulations being originally transposed from the Town and Country Planning EIA regs. As a result the MWR includes for some curious triggers like Ski runs and lifts, motorway service areas and test tracks for motorized vehicles – not commonly found in the Marine Environment. Unfortunately, many of the supporting definitions were lost during the creation of the MWR and so a Marina (or thresholds for the associated scale of development) is not defined. It is this lack of definition that has now resulted in the MMO adopting a precautionary approach to projects. We understand the MMO are engaging with DEFRA to seek a long-term resolution to the issue with recognition of the impact from additional costs and the extended application timeline, especially on smaller operators.

The steps of the licensing process are now summarised as:

• Pre-Application
• EIA Screening
• Application
• Technical Assessment
• Consultation
• Review
• Licence Decision

Marina Projects can help navigate these new challenges and ensure your site is compliant, contact them directly at consents@marinaprojects.com