Written Question · S2W-02458 · Session 2
What conditions, criteria and planning implications must be met for the creation of a harbour; what action it or local authorities can take…
The question
To ask the Scottish Executive what conditions, criteria and planning implications must be met for the creation of a harbour; what action it or local authorities can take to prevent the creation of artificial or fixed harbours; what regulations can be put in place following the creation of any such harbour, and what consideration is given to the effect upon adjacent harbours when granting authorisation for the creation of a harbour.
The answer
A harbour development would normallybe pursued through a Harbour Order under the Harbours Act 1964 to convey the powersto create, operate and regulate a harbour. The conditions and criteria that applyto Harbour Orders are set out in sections 14 to 18 of that act. Section 34 of theCoast Protection Act 1949 also provides for consents to be given to certain marineoperations and works in relation to the safety of navigation.
Harbour authorities, along withother statutory undertakers, have permitted development rights under The Town andCountry Planning (General Permitted Development) (Scotland) Order1992. A non-statutory harbour development would normally require planning permission,which would be a matter for the planning authority in the first instance.
Harbour development pursued througha Harbour Order, permitted development rights or an application for planning permissionwould be subject to the regulations on environmental impact assessment as appropriate.
The action which the Executiveor local authorities can take to prevent the creation of artificial or fixed harboursis not prescribed in statute. The Executive and local authority concerned wouldhave to consider any specific case in the light of the legislation which might applyin the circumstances, and how the term artificial or fixed harbour was defined.
Any regulations which can beput in place following the creation of such a harbour would depend on how the facilitywas defined in statute, and on whether the developer of any facilities had powersto make such regulations. Any regulation by the Executive would have to come withinits devolved functions for ports and harbours, and fall within ministers’ powersin the relevant legislation.
Consideration of the effect onadjacent harbours before granting any authorisation for the creation of a harbourwould depend on what authorisation or consent was being sought, and the criteriain the relevant part of the legislation which applied.
Harbour authorities, along withother statutory undertakers, have permitted development rights under The Town andCountry Planning (General Permitted Development) (Scotland) Order1992. A non-statutory harbour development would normally require planning permission,which would be a matter for the planning authority in the first instance.
Harbour development pursued througha Harbour Order, permitted development rights or an application for planning permissionwould be subject to the regulations on environmental impact assessment as appropriate.
The action which the Executiveor local authorities can take to prevent the creation of artificial or fixed harboursis not prescribed in statute. The Executive and local authority concerned wouldhave to consider any specific case in the light of the legislation which might applyin the circumstances, and how the term artificial or fixed harbour was defined.
Any regulations which can beput in place following the creation of such a harbour would depend on how the facilitywas defined in statute, and on whether the developer of any facilities had powersto make such regulations. Any regulation by the Executive would have to come withinits devolved functions for ports and harbours, and fall within ministers’ powersin the relevant legislation.
Consideration of the effect onadjacent harbours before granting any authorisation for the creation of a harbourwould depend on what authorisation or consent was being sought, and the criteriain the relevant part of the legislation which applied.
In the Official Report
No contribution in the Official Report cites S2W-02458 by reference.