Planning Law Updates

Marine licensing where a site meets the water

6 min readBy PlanScope Editorial Team

Works on the foreshore need planning permission and a marine licence, determined separately against different policy. Tidal rivers extend the marine licensing area a long way inland.

Planning permission runs out at the low water mark. Marine licensing starts at the high water mark. Between those two lines sits the intertidal zone, where a project needs both consents for the same works, and the marine licence planning overlap is where coastal and estuarine schemes lose months they had not budgeted for. If any part of your scheme sits below mean high water springs, including a slipway, an outfall, a jetty, a sea wall or temporary works for construction access, assume a marine licence is required until someone competent tells you otherwise.

Where the planning boundary ends

A local planning authority's area extends seaward to the low water mark, so development below the high water line is still development requiring planning permission down to that point.

The marine licensing area in England runs landward to the level of mean high water springs, and extends up tidal rivers and estuaries to the limit of tidal influence. Those two boundaries overlap across the full width of the intertidal zone.

The consequence is simple and often missed. A project that places a structure on the foreshore requires planning permission from the council and a marine licence from the marine licensing authority, determined separately, on different timetables, against different policy. Neither consent authorises the works on its own.

Tidal rivers extend the problem a long way inland. A riverside development many miles from the sea can still sit within the marine licensing area if the river is tidal at that point, and the limit of tidal influence is a question of fact that the licensing authority will determine.

Works that need a marine licence

The licensable activities are set out in the Marine and Coastal Access Act 2009 and cover more than construction.

  • Depositing any substance or object in the sea or on or under the seabed, from a vehicle, vessel, aircraft or structure
  • Removing any substance or object from the seabed
  • Constructing, altering or improving any works in or over the sea or on or under the seabed
  • Dredging, whether or not anything is removed from the area
  • Incinerating a substance or object on a vessel or structure
  • Depositing or scuttling a vessel or floating container

Read the second and third entries carefully if you have a flood defence or outfall scheme. Driving piles, placing rock armour, laying a pipe, and even the temporary placement of a barge spud or a cofferdam are all caught. So is the removal of existing structures.

Fish and shellfish operations, cables, moorings and coastal protection works each have their own established practice, and the licensing authority publishes guidance by activity.

The licensing authority and its process

In England the licensing authority is the Marine Management Organisation, which also hosts the marine planning function. Wales, Scotland and Northern Ireland each have their own authority, so a scheme in a cross-border estuary needs care about which regime applies.

The process runs through a pre-application discussion, a formal application with supporting environmental information, public consultation, consultation with statutory advisers including the nature conservation body and the navigation interests, and determination with conditions. Decisions have to be taken in accordance with the marine policy statement and the relevant marine plan for the area unless relevant considerations indicate otherwise, which mirrors the plan-led approach in terrestrial planning.

Use the pre-application service. Marine licensing turns on sediment characterisation, navigation and designated site effects in ways a terrestrial team will not anticipate, and an early scoping discussion is the difference between one round of questions and four.

Running the two consents in parallel

Apply for both at the same time rather than in sequence, and plan for the fact that each authority may condition matters the other has already dealt with.

Matter Planning permission Marine licence
Visual and landscape effect Primary consideration Secondary
Navigation safety Consultee comment Primary consideration
Sediment quality and disposal Rarely considered Primary consideration
Designated habitat effects Habitats assessment by the council Habitats assessment by the licensing authority
Construction method and timing Condition on hours and access Condition on method and seasonal restrictions
Biodiversity net gain Applies to the terrestrial part Outside the terrestrial regime

The biodiversity line deserves attention. The biodiversity gain condition that applies to most planning permissions operates on the terrestrial part of the scheme, and the intertidal and marine elements sit outside that framework. On a split site the metric calculation has to be drawn to the right boundary, and stating that boundary clearly avoids an argument at validation.

Evidence duplicated between the two

Much of the technical work serves both applications, and commissioning it once with both audiences in mind saves a substantial sum.

Shared evidence usually includes the bathymetric and topographic survey, the benthic and intertidal ecological survey, sediment sampling and chemical analysis to the standard the licensing authority specifies, the coastal processes and hydrodynamic assessment, marine archaeology, and the habitats regulations information. Where the scheme is of a scale and type requiring formal assessment, an Environmental Impact Assessment under the terrestrial regulations and a marine environmental assessment can be prepared as a single coordinated exercise. Those statements must be prepared by competent experts as the regulations require, and a draft is a starting point for that team rather than a substitute for it.

Flood risk is the one area where the terrestrial document usually leads. A Flood Risk Assessment addressing tidal flooding, climate change allowances and finished floor levels will be read by both authorities, so write it for both.

Sediment analysis is the item most often under-scoped. The suite of determinands and the sampling density are set by the licensing authority's guidance rather than by a terrestrial contaminated land standard, and a sampling exercise designed to the wrong specification has to be repeated.

Exemptions and self service notifications

Not every activity needs a full licence. The exempted activities order sets out categories of low-risk activity that are exempt, with many of those exemptions conditional on registering the activity with the licensing authority before it starts.

Typical examples include small-scale maintenance of existing structures, certain moorings, specified scientific sampling and some emergency works. The conditions attached to each exemption are specific about dimensions, methods and location, and an activity that drifts outside them loses the exemption entirely.

Register rather than assume. The registration process is short, it creates a record you can show to a regulator, and it is far less trouble than explaining an unlicensed deposit after the event.

Programme consequences

Build the marine licence into the critical path from the first programme you draw, and treat its determination period as independent of the planning timetable.

Three programme items deserve their own float. Sediment sampling has to happen before the application, and the analysis takes weeks. Seasonal restrictions protecting fish migration, bird overwintering or marine mammals can close the construction window for months, and those restrictions appear as licence conditions rather than planning conditions. And the licence may require a construction method statement approved before works start, which has to align with whatever the planning condition requires.

Follow changes in this area through the planning law updates timeline, and check the current position on gov.uk before relying on any summary, since marine and terrestrial consenting reform has been under discussion for several years. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. For specialist technical reports, qualified professional input may be required.

Frequently asked questions

Where does planning permission stop and marine licensing start?

A local planning authority's area extends seaward to the low water mark, while the marine licensing area runs landward to mean high water springs and up tidal rivers to the limit of tidal influence. The intertidal zone falls inside both, so works there need planning permission and a marine licence.

Which activities need a marine licence?

Depositing or removing substances or objects in the sea or on the seabed, constructing, altering or improving works in or over the sea or on the seabed, dredging, incineration on a vessel, and scuttling. Temporary works such as a cofferdam or a barge spud placement are caught, as is the removal of existing structures.

Does a river site miles inland need a marine licence?

It can. The marine licensing area extends up estuaries and tidal rivers to the limit of tidal influence, which on some rivers is a long way from the sea. The tidal limit is a question of fact determined by the licensing authority, so check rather than relying on distance from the coast.

Can the same technical reports serve both applications?

Largely yes, if commissioned with both audiences in mind. Bathymetric and topographic survey, benthic and intertidal ecology, coastal processes, marine archaeology and the habitats information all serve both. Sediment sampling is the exception that must follow the licensing authority's specification rather than a terrestrial contaminated land standard.

Are any works exempt from marine licensing?

The exempted activities order sets out categories of low-risk activity, with many exemptions conditional on registering the activity with the licensing authority before it starts. The conditions are specific about dimensions, methods and location, and an activity drifting outside them loses the exemption. Register rather than assume.

Sources and further reading

marine licenceintertidalcoastal developmentconsentingestuarysediment

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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