Table 3.1 Coast Protection Works - Requirements For Consents And Consultations

(Prepared by D Tyldesley Associates for SNH).

Construction, Alteration or Improvement Works for the Protection of land against Erosion and Encroachment by the Sea.

Key:

CPA
Coast Protection Act 1949;
CPAu
Coast Protection Authority;
EA
Environmental Assessment;
FEPA
Food and Environment Protection Act 1985;
OLD
Operation Likely to Damage;
PA
Planning Authority;
P Dev
Permitted Development;
SERAD
Scottish Executive Rural Affairs Department;
SEDD
Scottish Executive Development Department (Transport Division);
TCPSA
Town and Country Planning (Scotland) Act, 1997;
WCA
Wildlife and Countryside Act 1981.
Proposer Administrative Locality Location of Works CPA Pt1 SERAD Consent CPA Pt1 CPAu Consent CPA Pt2 SEDD Consent FEPA SERAD Consent Scale TCPSA EA Regulations 1988 / 1994 Habitats Regulations 1994 WCA S.28
Coast Protection Authority Within its own area Those works above MHWS Requires consent Not required if proposed by CPAu in its own area Not required Not required >£100,000 Full planning permission required If significant environmental effects ES required with full planning application, cannot be P Dev If significant effect on a Natura 2000 site PA and SERAD must undertake appropriate assessment OLD notice not required
<£100,000 or <200 cubic metres and <4m high Permitted development
P Dev if no significant environmental effects Permitted development if no adverse effect on the integrity of a Natura 2000 site OLD notice required if on SSSI
Works between MHWS and MLWS Requires consent Not required if proposed by CPAu in its own area Required if likely to endanger navigation Requires consent >£100,000 Full planning permission required If significant environmental effects ES and full planning application required cannot be P Dev If significant effect on a Natura 2000 site PA and SERAD must undertake appropriate assessment OLD notice not required
<£100,000 or <200 cubic metres and <4m high Permitted development
P Dev if no significant environmental effects Permitted development if no adverse effect on the integrity of a Natura 2000 site OLD notice required if on SSSI
Works below MLWS Requires consent Not required if proposed by CPAu in its own area Required if likely to endanger navigation Requires consent Any scale Not applicable If significant environmental effects ES required with FEPA and CPA Pt1 applications If significant effect on a Natura 2000 site SERAD should undertake appropriate assessment OLD notice only required if SSSI below MLWS
Coast Protection Authority Outwith the area of the CPAu Those works above MHWS Requires consent Requires 28 days notice to the other CPAu Not required Not required Any scale Requires full planning application to be made to the other PA If significant environmental effects ES required with full planning application If significant effect on a Natura 2000 site other PA and SERAD must undertake appropriate assessment OLD notice not required
Works between MHWS and MLWS Requires consent Requires 28 days notice to the other CPAu Required if likely to obstruct or endanger navigation Requires consent Any scale Requires full planning application to be made to the other PA If significant effects ES required with full planning and FEPA application If significant effect on a Natura 2000 site other PA and SERAD must undertake appropriate assessment OLD notice not required
Works below MLWS Requires consent Requires 28 days notice to the other CPAu Required if likely to obstruct or endanger navigation Requires consent Any scale Not applicable If significant effects ES required with FEPA application If significant effect on a Natura 2000 site SERAD should undertake appropriate assessment OLD notice only required if SSSI below MLWS
Roads Authority Works required for or incidental to the maintenance or improvement of a road Those works above MHWS Not required Requires 28 days notice to the CPAu Not required Not required Any scale within or adjoining the boundaries of a road Permitted development If significant environmental effects ES required with full planning application If significant effect on a Natura 2000 site must submit application to PA for approval, PA must undertake an appropriate assessment If permitted development OLD notice required
Works between MHWS and MLWS Not required Requires 28 days notice to the CPAu Required if likely to obstruct or endanger navigation Requires consent Any scale within or adjoining the boundaries of a road Permitted development If significant effects ES required with full planning and FEPA application If significant effect on a Natura 2000 site must submit application to PA for approval, PA must undertake an appropriate assessment If permitted development OLD notice required
Works below MLWS Not required Requires 28 days notice to the CPAu Required if likely to obstruct or endanger navigation Requires consent Any scale Not applicable If significant effects ES required with FEPA application If significant effect on a Natura 2000 site SERAD should undertake appropriate assessment OLD notice only required if SSSI below MLWS
Private Landowner under Coast Protection Act a private coast protection scheme Those works above MHWS Not required Consent of CPAu required Not required Not required Any scale Full planning permission required If significant effects ES required with full planning application If significant effect on a Natura 2000 site PA and SERAD should undertake appropriate assessment OLD notice not required
Works between MHWS and MLWS Not required Consent of CPAu required If likely to obstruct or endanger navigation Consent required Any scale Full planning permission required If significant effects ES required with full planning and FEPA application If significant effect on a Natura 2000 site PA and SERAD should undertake appropriate assessment OLD notice not required
Works below MLWS Not required Consent of CPAu required If likely to obstruct or endanger navigation Consent required Any scale N/A If significant effects ES required with FEPA application If significant effect on a Natura 2000 site SERAD should undertake appropriate assessment OLD notice only required if SSSI below MLWS
Private Landowner under Land Drainage (Scotland) Act 1958 an improvement order to combat erosion Those works above MHWS Order must be approved by First Minister Not required Not required Not required Any scale Normally a deemed planning permission or P Dev but see next column If significant effects ES required with full planning and order and FEPA application If significant effect on a Natura 2000 site PA and SERAD should undertake appropriate assessment No OLD notice required
P Dev if no significant effects P Dev if no adverse effect on integrity of Natura 2000 Site OLD notice required
Works between MHWS and MLWS Order must be approved by First Minister Not required Required if likely to obstruct or endanger navigation Consent required Any scale Normally a deemed planning permission or P Dev but see next column If significant effects ES required with full planning and order and FEPA application If significant effect on a Natura 2000 site PA and SERAD should undertake appropriate assessment No OLD notice required
P Dev if no significant effects P Dev if no adverse effect on integrity of Natura 2000 Site OLD notice required
Works below MLWS Order must be approved by First Minister Not required Required If likely to obstruct or endanger navigation Consent required Any scale N/A If significant effects ES required with order and FEPA application If significant effect on a Natura 2000 site SERAD should undertake appropriate assessment OLD notice only required if SSSI below MLWS