General Legal framework, laws and regulations
There is no overall national coastal zone legislation
for Wales. 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. The Coastal Zone Law Web Site http://www.cf.ac.uk/uwc/claws/gibson/iczm
contains legal materials and a commentary on coastal zone
law in the United Kingdom, together with links to sources
of national, European Union and international law on coastal
management.
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 and Wales on key issues affecting the coastal
zone. A further note was issued on developing "best practice"
(Department of the Environment 1996). [A marine and coastal
zone policy statement was launched in December 1994 (Countryside
Council for Wales 1994)]
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 are all linked through the Countryside Division of the
Department of the Environment Transport and the Regions see
http://www.wildlife-countryside.detr.gov.uk/
Division 4 which is responsible, amongst other things, for
promoting effective co-ordination of policies for the coast.
The Coastal Forum for Wales was launched in 1997 and has
a membership of around 20 people. [There is also a Welsh
Coastal Groups Forum set up in 1991 to co-ordinate the work
of coastal engineering groups.]
Administrative responsibilities and planning
mechanisms
There is devolved government in Wales and the Welsh Assembly
has responsibility for a wide range of issues though the Westminster
Parliament retains control over most major policy areas http://www.assembly.wales.gov.uk.
Based in Whitehall, the Secretary of State for Wales is the
key Government figure liasing with the devolved administration
in Wales and represents Wales' interests in the Cabinet and
in Parliament. http://www.ossw.wales.gov.uk/
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 Wales. For planning purposes the seaward limit is generally
the mean low water mark. There is no statutory planning offshore.

| 200 miles |
12 miles |
6 miles |
3 miles |
LWM |
HWM |
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|
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| Local
Authority (Planning control, coast protection,
oil pollution to MLW, recreation, site management)
|
|
|
|
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 |
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| Environment
Agency (Water quality, flood defence) |
|
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| Department
of Transport and the Regions (Coastal policy co-ordination,
aggregate extraction) |
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|
| Department
of Trade and Industry (off shore oil and gas licensing
) |
|
|
|
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| English
Nature (Nature conservation objectives including
SAC's) |
|
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|
| The
Ministry of Agriculture, Fisheries and Food (Grant
aid for coast protection and flood defence)
|
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|
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| The Ministry
of Agriculture, Fisheries and Food (Fisheries management) |
 |
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| European
Commission (Common fisheries policy, water quality,
habitats directive) |
Department of the Environment, Transport
and the Regions
The Department of the Environment, Transport and the Regions
Web Page http://www.detr.gov.uk is the
main UK Government Department responsible for the environment.
It is headed by a senior Cabinet Post, currently occupied
by John Prescott who is also the Deputy Prime Minister. There
are separate departments within the devolved governments of
Scotland and Wales, a Wildlife Division http://www.wildlife-countryside.detr.gov.uk/issues/coastal/index.htm
is responsible for co-ordinating coastal policy. It:
- runs an inter-departmental group on coastal policy;
- organises an annual Coastal Forum;
- produces a 'Wavelength' newsletter;
- represents the UK in the European Commission's 'European
Strategy for Integrated Coastal Zone Management' (ICZM);
- is the contact point for queries regarding the 1998
report on the Review of Byelaw Powers for the Coast.
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 http://www.environment-agency.wales.gov.uk/).
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).
Coastal & marine protected
areas
The coastline of Wales is covered by a wide
range and large number of designations and protected sites.
A map showing the location of all of these for the whole of
Wales can be found at http://www.ccw.gov.uk/
More detail on each of these, together with the main statutory
agencies responsible for administering them given below:
Countryside Council for Wales
Countryside Council for Wales http://www.ccw.gov.uk/
is the Government funded body whose purpose is to promote
the conservation of the wildlife, natural features and the
opportunity for outdoor enjoyment. This is achieved by undertaking
conservation action, including managing nature reserves and
by working with others to foster environmentally sustainable
land use. The main duties and powers are given by the following
Acts of Parliament:
- National Parks and Access to the Countryside Act 1949
- Countryside Act 1968 · Nature Conservancy Council Act
1973
- Wildlife and Countryside Act 1981 (amended 1985)
- Environmental Protection Act 1990
Policy is set by a Council whose Chairman and
Members are appointed by the Secretary of State for the Environment.
It is responsible for a number of statutory designations and
managing habitats and sites in Wales, including coastal areas.
CCW is also responsible for contributing to the identification
of sites designated under international conventions and directives
such as the EU Habitats and Species Directive.
The Countryside Council for Wales is responsible
for identifying and advising on the management of a variety
of areas both for their nature conservation interest as well
as more general landscape and recreational use. In this respect
they have taken on the work formerly undertaken by the Countryside
Commission. (In England this became the responsibility of
a new Countryside Agency http://www.countryside.gov.uk).
National Parks, Areas of Outstanding Natural
beauty and Heritage Coasts
National Parks
There are three national parks in Wales Snowdonia, Pembs Coast
and the Brecon Beacons . Unlike AONBs, National Parks are
run by free-standing 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 http://www.ccw.gov.uk/
The Pembrokeshire Coast National Park in the south west is
predominantly coastal, and includes several offshore islands,
the largest of which are Skomer, Skokholm, Ramsey, Grasholm
and Caldey. These are internationally important for their
seabird and seal populations http://www.pembrokeshirecoast.org.uk.
The second area, the Snowdonia National Park centres around
the Snowdonia mountain but includes considerable areas of
coastland.
Areas of Outstanding Natural Beauty
The countryside of 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. There are
three on the Welsh coast, Gower, Lleyn and Anglesey. They
are designated by the Countryside Council for Wales and managed
by the relevant Local Authorities http://www.ccw.gov.uk/.
Heritage Coasts
These special coastlines are managed so that their natural
beauty is conserved and, where appropriate, the accessibility
for visitors is improved. This non-statutory protection is
agreed between the Local Authority and the Countryside Council
for Wales http://www.ccw.gov.uk/.
500km some one third of the Welsh coastline is designated
as Heritage Coast. For a location map and more information
see http://www.countryside.gov.uk/
National Nature Reserves (NNR), Sites of
Special Scientific Interest (SSSI) and Estuaries with Management
Projects
Sites Designated by the Countryside Council
for Wales
More details of the sites for which CCW has specific responsibility
may be found in their Annual Report and links to designations
such as SSSIs http://www.ccw.gov.uk.
NNRs and MNRs
These are sites declared by the Countryside Council for Wales
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 the Council or held by approved bodies such
as the wildlife trusts. More detailed information on individual
coastal sites is found at http://www.ccw.gov.uk/nnr/yrafordir/index.htm
. There is one Marine Nature Reserves (MNRs) in Wales, declared
by the Secretary of State for the Environment, http://www.ccw.gov.uk/designat/english/mnr.htm
Sites of Special Scientific Interest (SSSIs)
Sites of Special Scientific Interest are notified by the Countryside
Council for Wales because of their plants, animals, or geological
or physiographical features. Most SSSIs are privately owned
or managed. Some 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 http://www.ccw.gov.uk/designat/english/sssi.htm.
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 English Nature 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 so that:
English Nature 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.
In Wales, the Countryside Council for Wales 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. The Countryside Council for Wales is responsible
for identifying and designating these sites http://www.ccw.gov.uk/.
[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)
http://www.ramsar.org/index.html.
The international Ramsar data base is held at Wetlands International
http://www.wetlands.agro.nl/ramsar_database/ramsar_quick.html].
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 Wales this is the responsibility of Countryside
Council for Wales http://www.ccw.gov.uk/
Special Areas of Conservation
Together with SPAs these sites will ultimately form part of
the EU Natura 2000 network. They are designated in Wales as
SSSIs. The Department of the Environment, Transport and the
Regions have submitted a list of candidate SAC's in Wales
to the European Commission http://www.ccw.gov.uk/.
A map showing their location can be found at http://www.ccw.gov.uk/.
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) These include the Pembrokeshire
Marine candidate SAC.
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 Wales 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 the
Countryside Council for Wales on all new proposals for LNRs.
http://www.ccw.gov.uk/
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
http://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
and Wales. 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. http://www.nationaltrust.org.uk/regional.htm
provides an introduction to the many sites and properties
by region. In Wales there are over 80 sites ranging in size
from 1 ha to over 400 ha at Worm's Head on Gower, totalling
approximately 7,000 ha.
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 Wales (and in the rest of the UK). Information
can be obtained on their location from http://www.wildlifetrust.org.uk/.
An umbrella organisation the Royal Society for Nature Conservation
http://www.rsnc.org/main.htm
provides a central co-ordinating body for the activities of
the 46 independent Trusts across the UK.
Trust in Wales with web sites include:
Glamorgan Wildlife Trust http://www.wildlifetrust.org.uk/glamorgan/
Gwent Wildlife Trust http://www.wildlifetrust.org.uk/gwent/
Montgomery Wildlife Trust http://www.wildlifetrust.org.uk/montgomeryshire/
The Wildlife Trust for West Wales
see also Dyfed Wildlife Trust & the North Wales Wildlife Trust.
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 Wales cover a wide range of
the best wildlife habitats, including a number of islands
and sea cliffs with their seabird colonies, totalling nearly
2,000 ha. For information on the organisation and is role
and responsibility see http://www.rspb.org.uk/.
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 Wales is similar to that
of England and is predominantly top-down in character, with
full public consultation but limited public participation.
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 the Countryside
Council for Wales , 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
of England and Wales - 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.
Integrated Coastal Management
(ICM)
Whilst it is recognised by the Government and
many organisations that ICM forms an important component in
coastal protection and planning this is very much left to
individual cases and a voluntary approach. Several policy
reviews have taken place for England and Wales see reference
list below. The Government has sponsored specific approaches
notably through the development of Estuary Management Plans
(administered through the Countryside Council for Wales )
and the combination of Shoreline Management Plans (funded
by the 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 also encourages co-operation between sectors
and the Coastal Forum for Wales specifically addresses this
(see above).
Estuary Management Plans
Estuary Management Plans were produced as a result of an initiative
funded by the DETR and implemented by the Countryside Council
for Wales and in combination with English Nature where appropriate.
The Dee Estuary Strategy http://www.cheshire.gov.uk/deestrat/
is part of the PISCES Group (The Partnership of Irish Sea
Coast & Estuary Strategies). This aims to bring together partnerships
in the North West and promote sustainable use and management
of the North West coast.
Two documents provide information applicable
to sites in Wales, both obtainable from English Nature 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
Encourages 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
Coastal defence (coastal protection and sea
defence)
MAFF has policy responsibility for flood and coastal defence
in England and administers the legislation which enables such
works to be carried out. (The National Assembly for Wales
has similar responsibility in Wales.) The aim of MAFF's flood
and coastal defence programme http://www.maff.gov.uk/environ/fcd/default.htm
is to reduce risks to people and to the developed and natural
environment from flooding and coastal erosion in England (and
Wales). MAFF pursues this aim in three main ways:
Firstly by giving financial support to flood and coastal defence
operating authorities in England and Wales (local authorities,
the Environment Agency and Internal Drainage boards); secondly
by providing published advice and guidance to the operating
authorities and thirdly by funding a research programme.
The Environment Agency has recently published
Indicative Flood Plain maps for England and Wales available
at http://www.environment-agency.gov.uk/
Shoreline management Plans
Coastal protection is a major issue in England and Wales.
Shoreline Management Plan have been developed throughout England
and Wales 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 to MAFF and the report
is available in pdf format at http://www.maff.gov.uk/corps/consexer/shore/shore2.pdf.
Recreation and tourism
The Wales Tourist Board promotes tourism and takes account
of its potential impact on local communities and the environment.
The British Resorts Association http://www.britishresorts.co.uk
provides a useful point of access to many of the tourism organisations
in Great Britain, including Wales see the index at http://www.britishresorts.co.uk/general-pages/links_searches.html
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. Associated British Ports http://www.abports.co.uk/
is responsible for most of the ports in Wales including Port
Talbot, Swansea and Cardiff, details of each are accessible
through the web site.
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. There are no projects in Wales funded
through EU Demonstration Programme on ICZM (EUICZM). A selection
of those sites with plans or strategies with Web Sites is
given below:
PISCES (Partnership of Irish Sea Coast and Estuary Strategies)
is a grouping of ten coastal initiatives located on the coast
of the North West Region. It includes:
Dee Estuary Strategy http://www.deeestuary.org.uk
Other groups include:
In Wales the Welsh Coastal Forum provides the
umbrella for stakeholders but other contacts, such as those
between individual projects are less formalised. 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
http://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 contact point for this organisation is National
Coastal Consultants (http://www.coastalplaza.org/uk/ncc).
This page is part of the Coastal
Guide Country File - Wales which includes chapters
on General Features, State of the Coast, Coastal Management
& Planning, and References
Acknowledgements:
The Coastal Guide Country File - Wales has been prepared by:
Dr Pat Doody, EUCC UK
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