Marine and Coastal Access Act 2009

Marine plans to be compatible with certain other marine plans and Planning Act plans

3 (1) In preparing or amending a marine plan for a marine plan area in its region, a marine plan authority must take all reasonable steps to secure that the plan is compatible with the marine plan for any marine plan area (whether or not within its marine planning region) which is related to that area.

(2) The marine plan authority for—

(a) the English inshore region, or

(b) the Welsh inshore region,

must also take all reasonable steps to secure that any marine plan for a marine plan area in its marine planning region is compatible with the relevant Planning Act plan for any area in England, Wales or Scotland which is related to the marine plan area.

(3) For the purposes of this paragraph, one area is “related to” another if one or more of the following conditions is met—

(a) the one area adjoins or is adjacent to the other;

(b) the one area lies wholly or partly within the other;

(c) the whole or any part of the one area affects or is affected by the whole or any part of the other.

(4) In the case of an area in England or Scotland, the “relevant Planning Act plan” is the development plan.

(5) In the case of an area in Wales, each of the following is a “relevant Planning Act plan”—

(a) the development plan;

(b) the Wales Spatial Plan.

(6) In this paragraph—

• “development plan”—

  (a)

  in the case of an area in England or Wales, is to be read in accordance with section 38(2) to (4) of the Planning and Compulsory Purchase Act 2004 (c. 5);

  (b)

  in the case of an area in Scotland, is to be read in accordance with section 24 of the Town and Country Planning (Scotland) Act 1997 (c. 8);

• “the Wales Spatial Plan” means the Wales Spatial Plan under section 60 of the Planning and Compulsory Purchase Act 2004.