The team may adjust the following scope statement as the review progresses, to ensure that the review covers a coherent and manageable range of issues.
In Scope
The review will cover regulatory activity[1] in England by national regulators and local authorities which affects coastal investments and larger projects on the coast. It will consider, amongst other things, the interaction between different regulatory regimes. Its main focus will be on any barriers to growth arising when developments are affected by both land- and sea-based regulation.
The review could include, but is not limited to
- on-shore regulatory activity related to off-shore renewable energy generation infrastructure;
- port and estuary development, including dredging;
- the impact of nature conservation regimes on coastal projects.
The review would also be interested to learn about:
- examples of effective, tailored and easy to understand guidance and advice for businesses, and good regulatory delivery that is risk-based, focused on achieving compliance and supporting business growth.
- any issues encountered where third parties are encouraging companies to undertake unnecessary compliance activity eg. where regulation does not actually require something to be done, but companies are led to believe it does.
Out of Scope
- Off-shore farming (eg salmon, mussels)
- We will not be looking at issues related to housing, flooding or erosion or unless specifically related to coastal development matters.
- Other regulatory activity which is not unique to developments on the coast such as employment law, company law etc.
The review will avoid duplication of effort with other recent or current reviews of similar subject matter.
Footnote
“Regulatory activity” in this context includes action taken by national regulators or officers of local authorities, including:
- The process for obtaining the range of consents, licences and assessments (including those related to environmental and safety issues) needed by companies seeking to operate on coastal areas;
- the co-ordination and timing of these licences;
- provision of advice on compliance with the law;
- inspections of locations or equipment in order to satisfy regulatory authorities of compliance with the law;
- requirements to make formal applications, or provide information, in order to obtain necessary permits;
- requirements to attend courses / obtain particular qualifications;
- enforcement proceedings taken against individuals or organisations in the event of failure to comply with regulations. The review cannot consider comments on specific cases unless all proceedings have finished, but can consider general evidence in relation to enforcement proceedings.
- enforcement proceedings taken against individuals or organisations in the event of failure to comply with regulations. The review cannot consider comments on specific cases unless all proceedings have finished, but can consider general evidence in relation to enforcement proceedings.
My comments relate primarily to regulatory activity affecting both the undertaking of coastal projects and dredging activities associated with ports.
In relation to coastal projects an area for consideration is trying to achieve a balance in relation the need for regulation to preserve and control impacts on the natural environment but do this in a way that does not apply a blanket position to all sections of the coast. This is essential to bring a sense of realism to enforcement activity that takes into account the actual circumstances prevailing on a section of coast so that overly draconian requirements are not imposed.
The second area in relation to dredging associated with ports needs to reflect the need for permissions to be provided in a quicker and more timely fashion as even local authority ports need to be run in a business orientated way that reflects the need to undertake dredging work more quickly at times to respond to specific circumstances or opportunities. A recent situation where 6 months was required to renew an existing permission for a disposal site was too long. Again this is perhaps a case for devoting energies into problematical areas and speeding up on more simple sitiuations.
Mark Seed
Director of Operational Services
Thanet District Council