Coastal Management & Planning in England

General Legal framework, laws and regulations
There is no overall national coastal zone legislation for England. A range of different statutory and non-statutory instruments cover either the terrestrial or the marine parts of the zone and there is a complex spatial overlap of these instruments. The statutory spatial planning system only covers terrestrial areas above the mean low water mark. The main instrument is the Town & Country Planning Act (1990), which covers much, but not all, of the inter-tidal zone. Some maritime legislation, for example, Sea Fisheries & Wildlife Conservation Act (1992) includes powers covering the inter-tidal as well as the sub-tidal zones. Note that the Government (2007) is consulting on a Marine Bill, which may include a national marine authority, see below.
Policy development has generally used existing mechanisms set out in a series of guidance documents. In 1992 the House of Commons Environment Committee produced a report on "Coastal Zone Protection and Planning". A review of planning and management was undertaken for the UK under contract to the Department of the Environment by Rendel Geotechnics (Department of the Environment 1993). The Policy Guidelines for the Coast (Department of the Environment 1995) which followed, highlighted Government Policy in England on key issues affecting the coastal zone. A further note was issued on developing "best practice" (Department of the Environment 1996). [Discussion documents were also produced for Wales and Scotland in 1994 and 1996 respectively.]

The essentially voluntary approach to integration of planning and management of the coast is further developed through "Coastal Fora", one each for England, Scotland, Wales and Northern Ireland which seek, through the involvement of a wide range of stakeholders, the promotion of more sustainable approaches to coastal management. Each of these have a secretariat and they were all linked through the Countryside Division of the Department of the Environment Transport and the Regions. In 2001 the Department of Food and Rural Affairs was established and took on these responsibilities together with those of the Ministry of Agriculture. The wide-ranging remit thus includes farming and the countryside; the environment and the rural economy. In 2003/4 a stocktake of the UK coastline resulted in a detailed report, which provides a useful summary of the UK coast, the roles and responsibilities of the agencies and organisation at that time and a description of ICZM development. The document is available @ http://www.defra.gov.uk/science/Project_Data/DocumentLibrary/ME1404/ME1404_1999_FRP.pdf.

Administrative responsibilities and planning mechanisms
Jurisdiction for coastal and marine issues is the responsibility of a wide range of organisations. The principal agencies and their main responsibilities are given in Figure 6 in relation to relevant activities in the 'coastal zone'. Note well these are not exhaustive but are provided to give an indication of the range of responsibilities.

Definition of Coastal Zone
There is no official national definition of the coastal zone for England. For planning purposes the seaward limit is generally the mean low water mark. There is no statutory planning offshore, though see information on the Marine Bill below.

200 miles	12 miles	6 miles	3 miles	LWM	HWM

Local Authority (Planning control, coast protection, oil pollution to MLW, recreation, site management)

Environment Agency (Water quality, flood defence)

Department of Transport (Ports, shipping & navigation)

Department of Trade and Industry (off shore oil and gas licensing )

Natural England (Nature conservation and countryside objectives including SAC's)

Department of the Environment Food & Rural Affairs (Farming, fisheries, rural environment, including funding for Natural England & the Environment Agency, grant aid for coast protection and flood defence)

European Commission (Common fisheries policy, water quality, Habitat & Species Directives)

Note there have been a number of significant changes to roles and responsibilities for jurisdiction in coastal and marine areas, which are reflected in the above figure and the descriptions that follow.

A Wildlife and Countryside Branch included responsibility for co-ordinating coastal policy under the old arrangements. In particular it:

Following the General Election in 2001, changes were made to the responsibilities of government departments. The Wildlife and Countryside Division transferred to the new Department for Environment, Food and Rural Affairs (www.defra.gov.uk). This new department was made up from the Department of the Environment, Transport and the Regions and the Ministry of Agriculture, Fisheries and Food were brought together to form the DEPARTMENT OF ENVIRONMENT, FOOD AND RURAL AFFAIRS. It is headed by a senior Cabinet Post, currently occupied by Secretary of State: Rt Hon David Miliband MP. Coastal issues are no longer specifically covered within the Wildlife & Countryside brief.

Today (2007) the work on coastal issues is subsumed under several headings. The principle features are as follows:

There are separate departments within the devolved governments of Scotland and Wales, Other United Kingdom agriculture, environment and rural affairs departments

Environment Agency
The Environment Agency Web Page http://www.environment-agency.gov.uk is the key organisations with responsibility for environmental protection in England (and Wales). In discharging its function to "protect or enhance the environment" it also makes "a contribution towards attaining the objective of achieving sustainable development". A key document for the coast is the State of the Environment of England and Wales: Coasts, (Environment Agency 1999). The Agency maintains a total of about 1,400km of sea defences around the coast. This is about two-thirds of the total, with the remainder being either the responsibility of local authorities or privately owned Figure 5 above. The Agency maintains a further 3,300km of tidal defences within estuaries and tidal rivers. The Environment Agency for England and Wales maintains a major data base of information on water quality and pollution in accordance with its statutory responsibility. Details are contained in the state of the coast report (Environment Agency 1999).

The coastline of England is covered by a wide range and large number of designations and protected sites. Although the names of the administrative bodies have changed, particulary with the bringing together of English Nature and the Countryside Agency to form NATURAL ENGLAND [www.naturalengland.org.uk/] the site and areas designation remain broadly the same. The designations together with the main statutory agencies responsible for administering them are given below:

The Countryside Agency (now part of Natural England)
The Countryside Agency resulted from the merger of the Countryside Commission and the Rural Development Commission and is the Government's countryside and landscape adviser. It continues to be responsible for the designation of National Parks and Areas of Outstanding Natural Beauty. It defines Heritage Coasts, manages England's National Trails and initiates schemes to link town and country. It also takes the lead on ‘Coastal Access’ a new initiative promoted by DEFRA [www.defra.gov.uk/wildlife-countryside/issues/accesscoast.htm]. As part of the Labour Party Manifesto this envisaged “a coastal environment where rights to walk along the length of the English coast lie within a wildlife and landscape corridor that offers enjoyment, understanding of the natural environment and a high quality experience; and which is managed sustainably in the context of a changing coastline”.

English Nature (now part of Natural England)
www.naturalengland.org.uk is the Government funded body whose purpose is to promote the conservation of England's wildlife and natural features. This is achieved by undertaking conservation action, including managing nature reserves and by working with others to conserve sites and species. The main duties and powers are given by the following Acts of Parliament:

Policy is set by a Board whose Chairman and Members are appointed by the Secretary of State. The main role of the Board is to establish Natural England’s strategy, approve policy direction and review performance of the organisation. An Executive Board provides overall strategic leadership to the organisation, in setting plans, reviewing performance and ensuring resources are allocated accordingly. Natural England has two main objectives:

Natural England is the Government's statutory advisor on conservation in England. Natural England is responsible for a number of statutory designations and managing habitats and sites in England, including coastal areas. It also has the responsibility for contributing to the identification of sites designated under international conventions and directives such as the EU Habitats and Species Directive.

As part of Governemnt desire to promote access to the countryside the Department for the Environment, Food and Rural Affairs has asked Natural England to look at how best to improve access to coastal land in England. To find out more go to www.countryside.gov.uk/LAR/Access/coastal_access/faqs/.

Countryside designations - National Parks, Areas of Outstanding Natural beauty and Heritage Coasts

National Parks
There are seven National Parks in England accounting for nearly 7% of the land area. In addition the Broads, managed by an Authority created by special legislation, enjoys similar status as the other National Parks. Unlike AONBs, National Parks are run by National Park Authorities (NPAs) set up by law as a single purpose local authority with twin purposes of conserving and enhancing the natural beauty, wildlife and cultural heritage and to provide opportunities for the understanding and enjoyment of the special qualities of the Park by the public. See www.countryside.gov.uk/LAR/Landscape/DL/national_parks/index.asp.

Areas of Outstanding Natural Beauty
The countryside of England and Wales contains extensive areas that are outstandingly beautiful. The hills, valleys, woods and water combine to form a rich diversity of scenery that is of great value to the nation. Accordingly, the Government decided in 1949 to protect these areas as something precious - a beautiful countryside to be passed on to future generations. Information on these AONBs can be found on www.countryside.gov.uk/LAR/Landscape/DL/aonbs/index.asp.

Heritage Coasts
These special coastlines are managed so that their natural beauty is conserved and, where appropriate, the accessibility for visitors is improved. For a location map and more information see www.countryside.gov.uk/LAR/Landscape/DL/heritage_coasts/index.asp.

Nature Conservation designations - National Nature Reserves (NNR), Sites of Special Scientific Interest (SSSI) and Estuaries with Management Projects

Natural Areas have been formally defined as 'biogeographic zones which reflect the geological foundation, the natural systems and processes and the wildlife in different parts of England, and provide a framework for setting objectives for nature conservation' www.english-nature.org.uk/science/natural/role.htm. You can obtain pdf files explaining what each of the designations below is and a list of sites by going to “Nature on the Map” @ www.natureonthemap.org.uk/.

NNRs and MNRs
These are sites declared by English Nature or its predecessors under Section 19 of the National Parks and Access to the Countryside Act 1949 or Section 35 of The Wildlife and Countryside Act 1981. They are either owned or controlled by English Nature or held by approved bodies such as the wildlife trusts. For information on NNRs and MNRs see www.english-nature.org.uk/special/nnr/nnr_search.asp. Marine Nature Reserves (MNRs) in England are declared by the Secretary of State for the Environment. At present there is one MNR, Lundy in the Bristol Channel, Devon, which is included in the figures below [www.lundy.org.uk/inf/mnr.html].

Sites of Special Scientific Interest (SSSIs)
Sites of Special Scientific Interest are notified by English Nature because of their plants, animals, or geological or physiographical features. Most SSSIs are privately owned or managed. About 40% are owned or managed by public bodies such as the Forestry Commission, Ministry of Defence and The Crown Estate, or by the voluntary conservation movement. For more information see http://www.english-nature.org.uk/Special/sssi/.
Please also note that there have been significant changes to the protection of the countryside with the enactment of the Countryside and Rights of Way Act 2000 (http://www.defra.gov.uk/wildlife-countryside/cl/bill/factsheet/index.htm) it is hoped will bring vastly improved protection for our SSSIs. The Countryside and Rights of Way Act 2000 (CROW) strengthens the powers of Natural England and the Countryside Council for Wales to ensure the better protection and management of SSSIs. The CROW Act improves the legislation for protecting and managing SSSIs.
Natural England can vary existing SSSIs to take account of natural changes or new information; Public bodies have a duty to further the conservation and enhancement of SSSIs; neglected or mis-managed sites can be brought into favourable management. New offences and heavier penalties now apply to people who illegally damage SSSIs.
The Government's target is to bring 95% of England's SSSIs into 'favourable' condition by 2010.

International designations: Ramsar sites and Natura 2000
Information on these sites is co-ordinated by the Joint Nature Conservation Committee see http://www.jncc.gov.uk/idt/ramsar_spa/others.htm. Natural England is responsible for the identification of these sites, their notification as SSSIs and carrying out consultations on the proposed designations with owners, occupiers, local authorities and other interested parties.

Ramsar sites
The UK Government signed the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (the Ramsar convention) in 1973. English Nature is responsible for identifying and designating these sites in England, details are maintained by the Joint Nature Conservation Committee. [Under the Convention the Government is committed to designate 'Wetlands of International Importance' (Ramsar sites) and to use the wetlands within its territory wisely. Ramsar Bureau www.ramsar.org. The international Ramsar data base is held at Wetlands International [www.wetlands.org/RSDB/Default.htm].

Special Protection Areas
The Government is bound by the European Communities Council Directive of April 1979 on the Conservation of Wild Birds. Under this directive the Government has to designate Special Protection Areas to conserve the habitat of certain rare or vulnerable birds (listed under the directive) and regularly occurring migratory birds. It has to avoid any significant pollution or disturbance to or deterioration of these designated sites. In England this is the responsibility of Natural England see the JNCC web site for information.

Special Areas of Conservation
Together with SPAs these sites forms part of the EU Natura 2000 network. They are designated in England as SSSIs. (www.english-nature.org.uk/Special/sac/default.htm). A UK perspective is given by the Joint Nature Conservation Committee which co-ordinates the listing of SPA, Ramsar and SAC's. See the Commission's web site for more information (http://europa.eu.int/comm/environment/nature/home.htm and look under Natura 2000)

Local Authority areas
There are a large number of Local Nature Reserves, owned and/or managed by the local authorities. These include both County and District Councils. The main source of contact covering all the authorities in England is the Local Government Association (http://www.lga.gov.uk )

Local Nature Reserves
All LNRs are owned or controlled by local authorities and some, but not all, are SSSIs. Local authorities consult Natural England on all new proposals for LNRs in England. Their location and further information can be found on the following web site http://www.english-nature.org.uk/special/lnr/lnr_search.asp.

Other Sites of Nature Conservation Importance
Local Authorities also identify sites of more local interest variously described as Sites of Importance for Nature Conservation (SINCs) or similar terminology. See the individual Local Authority web sites for more information.

National Trust properties
The National Trust is an independent private organisation concerned with the protection and preservation of a wide variety of land and buildings in England, Wales and Northern Ireland www.nationaltrust.org.uk. It has, through its 'Enterprise Neptune' bought and now manages large sections of some of the best coastal landscapes in England. The National Trust was founded in 1895 by three Victorian philanthropists who were concerned about the impact of uncontrolled development and industrialisation of threatened coastline, countryside and buildings. The Trust now has almost 600 miles coastline in its care. Most of this together with over 248,000 hectares (612,000 acres) of countryside and more than 200 buildings and gardens are held in perpetuity, so their future protection is secure. The vast majority are open to visitors, see “Days out at the Coast” for information on coastal properties www.nationaltrust.org.uk/main/w-vh/w-daysout/w-daysout-coast.htm.

Local Wildlife Trust reserves
The County Trust movement is a wholly non-Governmental, privately funded group of organisations centred on Local Authority boundaries which own and/or manage a large number of nature reserves throughout England (and in the rest of the UK). Information can be obtained on their location from the Wildlife Trusts [www.wildlifetrust.org.uk] an umbrella organisation. for the activities of the 47 independent Trusts across the UK. The organisation has a marine and coastal section @ www.wildlifetrusts.org/index.php?section=environment:marine.

Royal Society for the Protection of Birds Reserves
In addition to general lobbying for improved conservation policy across the UK the RSPB owns and manages a large number of reserves. Nature reserves in England cover a wide range of the best wildlife habitats, from sheer seabird cliffs at Yorkshire's Bempton Cliffs, to dense reedbeds at Cornwall's Marazion Marshes; from dry southern heathlands to peaty moors and wet grassy flood meadows. For information on the organisation and is role and responsibility see http://www.rspb.org.uk.

A marine bill

As part of the UK Government commitment to the marine environment Defra are preparing a Marine Bill. It will put in place a better system for delivering sustainable development of the marine and coastal environment. This will address both the use and protection of our marine resources. See http://www.defra.gov.uk/environment/water/marine/uk/policy/marine-bill/index.htm. Consultantion finished on the 8th June 2007.

Spatial Planning

Planning System & Administrative Context for ICZM
Most of the planning legislation is administered by the County and District Planning Authorities according to a series of County, Local or Subject Plans. County Structure Plans are agreed by the Secretary of State. Many if not all Local Authorities have their own web sites, however, the Local Government Association provides a source of information both on the authorities themselves and a platform for discussion of important issues. In this context they have recently published a draft strategy on coastal issues (LGA 1999). Local authorities prepare development plans known as Structure Plans at the county/regional level and Local Plans at the district/municipal level, certain Unitary Authorities prepare Unitary Development Plans, these must conform with national and regional guidance. Most development and land-use changes require planning permission issued by the local planning authority. It is generally accepted that development which does not require a coastal location should normally take place inland. Where it does require a coastal location, the developed coast should provide the best option. Planning should seek to protect and enhance the natural character and landscape of the undeveloped coast. In general there is no national cross-sectoral legislation, local government is, however, encouraged to integrate across the sectors. To bring sectoral interests together, National Coastal Fora (separately for England, Wales & Scotland, see above) have been set up by national government. These are designed to encourage communication, collaboration and debate between the sectors to assist the ICZM process. The adoption of similar voluntary cross-sectoral approaches at local government scale is varied and patchy.

Set-back Line Policy
There is no official development set-back line policy or protected zone for the coast. Recently, however, there have been several instances where an informal 5 metre contour line has been recognised, specifically in relation to dealing with coastal erosion and flood defence.

Additional Information
The statutory planning system in England is predominantly top-down in character, with full public consultation but limited public participation. A new Planning Policy Guidance note for the coast is currently under review. In addition to local government, there are a number of other organisations and agencies actively involved in the development and implementation of a more integrated and sustainable planning and management of the coastal zone; notably English Nature, The Countryside Agency and the Environment Agency in the statutory sector, the Royal Society for the Protection of Birds (RSPB), World Wildlife Fund (WWF) and the Wildlife Trusts in the voluntary sector.

Legal framework, laws and regulations
Administrative responsibilities and planning mechanisms
There is no statutory national land-use plan. Rather, central government sets out its priorities in documents known as Planning Policy Guidance (PPGs). There is a specific PPG for the coast - PPG 20 Coastal Planning and Policy Guidelines for the Coast (1995), which sets the general context for policy and identifies policies which cover conservation, economic and social development, risks, environmental assessment and quality and improving the environment.

Historically it was recognised that ICM forms an important component in coastal protection and planning this was left to individual areas and a voluntary approach. The Government sponsored specific approaches notably through the development of Estuary Management Plans (administered through English Nature) and the combination of Shoreline Management Plans (funded by the former Ministry of Agriculture Fisheries and Food ), Local Environmental Action Plans (administered by the Environment Agency). In keeping with the informal approach to ICM in the UK the Government encouraged co-operation between sectors and a Coastal Forum for England specifically addressed this.

Estuary Management Plans
Estuary Management Plans were produced as a result of an initiative funded by the DETR and implemented by English Nature. Two documents provide information both obtainable from EN via their web site, namely:

Estuary Management Plans - A co-ordinator's guide
Provides guidance on what an Estuary Management Plan should contain and how local communities might best be involved in preparing and implementing them. ISBN 1 85716 121 1, A4, mono, 88 pages, £2.00 post free 1993

Strategy for the sustainable use of England's estuaries
Encouraged the preparation and implementation of Estuary Management Plans for individual estuaries by Estuary Management Groups, to sustain the natural and wildlife resource and the economic and social importance of the estuary. ISBN 1 85716 120 3, A4, mono, 44 pages, £1.50 post free 1993

Today (2007) there are at least 18 partnerships in existence, see the following web sites:

PISCES (Partnership of Irish Sea Coast and Estuary Strategies @ www.northwestcoast.org.uk/pisces.htm) is a grouping of ten coastal initiatives located on the coast of the North West Region. It includes:

Flood and coastal erosion
Responsibility for flood and coastal erosion management rests with DEFRA. It funds most of the Environment Agency flood management activities in England and provides grant aid on a project by project basis to others such as Local Authorites to support capital investment to manage flood and coastal erosion risk. The aim of the department flood and coastal defence programme is to reduce risks to people and to the developed and natural environment from flooding and coastal erosion in England, see, www.defra.gov.uk/environ/fcd/default.htm.

Shoreline management Plans
Coastal protection is a major issue in England which large parts of the land below sea level, especially in the south east. Shoreline Management Plan have been developed to help address the problems. They set out to define a strategy for coastal defence for a specified length of coast, taking account of natural coastal processes and human and other environmental influences and needs" (MAFF/WO, 1995). Although non-statutory, SMPs have direct inter-relationships with voluntary Coastal Zone Management Plans, Estuary Management Plans and Local Environment Agency Plans (formerly Catchment Management Plans), and are intended to be used to provide information to support the preparation of Development Plan policies and assist Local Planning Authorities in determining planning applications in the coastal zone. This approach has been reviewed recently under contract and the report is available in pdf format at www.maff.gov.uk/. For more information see the DEFRA web site @ www.defra.gov.uk/environ/fcd/policy/smp.htm.

A number of schemes have been implimented in the south east. Some of these have considerable benefit in restoring coastal habitats:

Useful starting points for information on these and other projects in UK and the rest of Europe are:

Transport, harbours & shipping
Throughout the last decade considerable improvements have been made to discharges of sewage, colliery spoil, industrial affluent as new more stringent legislation has been enacted and enforced.

ICM Projects policy development, priorities and major achievements
There is a plethora of non-statutory plans and initiatives ongoing in coastal areas with very variable levels of success in relation to implementation, cross-sectoral integration and public participation. The more successful ones have frequently been funded through EU initiatives, e.g. the Demonstration Programme on ICZM (EUICZM).

CoastNet http://www.coastnet.org.uk, the Coastal Network in the UK, links individuals and organisations working for the sustainable management of the coastal and marine environment.

The UK marine SACs Project is designed to establish management schemes on selected UK marine Special Areas of Conservation. It is run in partnership between English Nature, Scottish Natural Heritage, Countryside Council for Wales, Environment and Heritage Service DoE Northern Ireland, Joint Nature Conservation Committee and the Scottish Association for Marine Science, see www.english-nature.org.uk/uk-marine/.

Coastal Research & Monitoring, Training and Consultancy
There are a number of research institutes, universities and colleges with departments specialising in coastal and marine management, which offer consultancy services.

The European Union for Coastal Conservation (UK) has a principle aim of helping to secure greater relevance of coastal and marine research to meet the needs of planners, management and those formulating policy in the coastal zone. It does this by acting as an expert network bringing together biological and physical knowledge about the coastal zone and making this available to all those living and working on the coast. The international web site address is www.eucc.net/en/index.htm
The UK web site is hosted by Aberdeen University @ www.abdn.ac.uk/~geo476/

This page is part of the Coastal Guide Country File - England which includes sections on General Features, State of the Coast, Coastal Management & Planning, References

Acknowledgements:
The Coastal Guide Country File - England has been prepared (updated in June 2007) by:
Dr J Patrick Doody,
c/o National Coastal Consultants,
5 Green Lane,
BRAMPTON, Huntingdon, Cambs.,
PE28 4RE, UK
Tel.: 00 44 (0) 1480 392706
E-mail: pat.doody@ntlworld.com

Coastal & marine protected areas

A marine bill

Spatial Planning

Integrated Coastal Management (ICM)