Preferred Options consultation document

MMO Marine Planning and Marine Licensing response to Norfolk Minerals and Waste Local Plan - Preferred Options.

Thank you for giving us the opportunity to comment on the Norfolk Minerals and Waste Local Plan - Preferred Options. The comments provided within this letter refer to the documents entitled Norfolk Minerals and Waste Local Plan - Preferred Options.

As the marine planning authority for England, the MMO is responsible for preparing marine plans for English inshore and offshore waters. At its landward extent the Marine Plan boundaries extend up to the level of the mean high water spring tides mark (which includes the tidal extent of any rivers), there will be an overlap with terrestrial plans which generally extend to the mean low water springs mark.

Marine plans inform and guide decision makers on development in marine and coastal areas. Planning documents for areas with a coastal influence may wish to make reference to the MMO's licensing requirements and any relevant marine plans to ensure the necessary considerations are included. In the case of the document stated above, the East Inshore and East Offshore Marine Plans are of relevance. The East Marine Plans cover the area from Flamborough Head to Felixstowe, including the tidal extent of any rivers within this area.

All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine area must do so in accordance with the Marine and Coastal Access Act 2009 and any relevant adopted Marine Plan, in this case the East Inshore and East Offshore Marine Plans, or the UK Marine Policy Statement (MPS) unless relevant considerations indicate otherwise. Local authorities may also wish to refer to our online guidance online guidance, the Marine Information System and the Planning Advisory Service soundness self-assessment checklist.

Marine Licensing
The Marine and Coastal Access Act 2009 states that a marine licence is required for certain activities carried out within the UK marine area. The MMO is responsible for marine licensing in English waters and for Northern Ireland offshore waters.
The marine licensing team are responsible for consenting and regulating any activity that occurs "below mean high water springs" level that would require a marine licence. These activities can range from mooring private jetties to nuclear power plants and offshore windfarms.

Summary notes
Please see below suggested policies from the East Inshore and East Offshore Marine Plans that we feel are most relevant to your Minerals and Waste Local Plan.
These suggested policies have been identified based on the activities and content within the document entitled above. They are provided only as a recommendation and we would suggest your own interpretation of the East Marine Plans is completed:

* AGG1: Proposals in areas where a licence for extraction of aggregates has been granted or formally applied for should not be authorised unless there are exceptional circumstances.
* AGG2: Proposals within an area subject to an Exploration and Option Agreement with The Crown Estate should not be supported unless it is demonstrated that the other development or activity is compatible with aggregate extraction or there are exceptional circumstances.
* AGG3: Within defined areas of high potential aggregate resource, proposals should demonstrate in order of preference:
a) that they will not, prevent aggregate extraction
b) how, if there are adverse impacts on aggregate extraction, they will minimise these
c) how, if the adverse impacts cannot be minimised, they will be mitigated
d) the case for proceeding with the application if it is not possible to minimise or mitigate the adverse impacts
* DD1: Proposals within or adjacent to licensed dredging and disposal areas should demonstrate, in order of preference
a) that they will not adversely impact dredging and disposal activities
b) how, if there are adverse impacts on dredging and disposal, they will minimise these
c) how, if the adverse impacts cannot be minimised they will be mitigated
d) the case for proceeding with the proposal if it is not possible to minimise or mitigate the adverse impacts
* Other policies of relevance may include: economic, ports and shipping, ecosystem, biodiversity and climate change policy areas.

Further points to note
Page 17: 5.32. You refer to marine aggregate dredging, which is licenced by the MMO.
We would also recommend you mention the East Inshore and East Offshore Marine Plans and the UK Marine Policy Statement (MPS) as well as the National Planning Policy Framework (NPPF).

As previously stated, these are recommendations and we suggest that your own interpretation of the East Marine Plans is completed. We would also recommend you consult the following references for further information:
East Inshore and East Offshore Marine Plans and Marine Information System.