Planning Circular: The relationship between the statutory land use planning system and marine planning and licensing

Coastal defences

61. The marine environment, particularly in those areas close to shore, is a highly dynamic system, and there are many connections between physical work occurring in these areas and the management of flood risk. There are also close links between climate change adaptation and flood risk management in coastal areas, particularly in relation to sea level rise.

62. The Flood Risk Management (Scotland) Act 2009 (the FRM Act) requires coastal areas to be identified, and objectives and measures to address flood risk to be coordinated across these areas. Ensuring close coordination between physical works occurring in coastal areas and actions to manage flood risk is essential. For example, coast protection works to tackle erosion problems along the coast are often inextricably linked to flood management, i.e. erosion problems are often accompanied by flooding problems, and erosion may in fact cause flooding and vice versa.

63. Coastal erosion and flood risk will be included in the strategic appraisal of flood risk management measures that SEPA is carrying out under the FRM Act for areas that have been identified as having a significant risk of coastal flooding.

64. Under s60 of the FRM Act flood protection schemes do not require separate planning permission, instead the statutory process under s65 of the FRM Act allows for deemed planning permission to be granted by Scottish Ministers on confirmation of a scheme.

65. Under the provisions of the Coast Protection Act 1949, local authorities have discretionary powers to carry out such coast protection work as may appear to them to be necessary or expedient for the protection of any land in their area against erosion and encroachment by the sea. Such schemes may also require separate planning permission.