Guidance

Recovery of marine license applications: procedural guide

Updated 10 June 2019

This Guide applies to marine licence applications submitted to the MMO and recovered by the Secretary of State for the Department for the Environment, Food and Rural Affairs (Defra).

1. Introduction

1.1. This guidance explains the Planning Inspectorate’s (PINS) process in dealing with recovered marine licensing determinations made by the Secretary of State for Defra. The information it contains is believed to be correct at the time of publication and primarily relates to procedures in England. However, it should be noted that this guidance has no legal status but relies mainly on the Marine and Coastal Access Act 2009 and the Marine Licensing (Delegation of Functions) (Amendment) Order 2015 (This amends the Marine Licensing (Delegation of Functions) Order 2011). It supplements separate statutory guidance issued by Defra to the Marine Management Organisation (MMO).

1.2. PINS’ role is to provide an appropriately qualified and experienced Inspector to conduct the public inquiry and then submit a recommendation to the Secretary of State on the basis of the evidence presented.

2. Openness and transparency

2.1. Inquiries are open to journalists and the wider public, as well as interested people. Provided that it does not disrupt proceedings, anyone will be allowed to report, record and film proceedings including the use of digital and social media. Inspectors will advise people present at the start of the event that the proceedings may be recorded and/or filmed, and that anyone using social media during or after the end of the proceedings should do so responsibly.

2.2. If anyone wants to record or film the event on equipment larger than a smart phone, tablet, compact camera, or similar, especially if that is likely to involve moving around the venue to record or film from different angles, they should contact us in advance to discuss arrangements.

3. Decision to recover the application

3.1 If deemed necessary in accordance with the amended Delegation Order, the MMO will refer marine licensing applications to Defra Ministers within two weeks of the end of the consultation period and advise the applicant of the referral.

3.2. Within 4 weeks of the receipt of a referred application, Defra will aim to advise PINS of any decision to recover the case. Defra will also write to the applicant and other interested parties to advise them of the decision to recover the case.

4. PINS inquiry procedure

Setting the start date and inquiry timetable

4.1. Within 2 weeks of the decision to recover, PINS will set the start date and the inquiry timetable (based on the information received) and advise Defra of the PINS Case Officer. As part of this process the Case Officer will ask for information from the main parties about the expected number of witnesses, topics to be addressed by the witnesses and a realistic length of time they estimate they need to present their case. This will enable us to estimate an overall length of the inquiry. PINS will also send a questionnaire to the MMO in order to obtain some initial facts and information about the case.

4.2. The MMO will send the completed questionnaire to PINS within 2 weeks of the start date and ensure copies are also sent to the applicant, the LPA, IFCA and any other interested parties.

4.3. PINS will take account of all the information we receive and, using our own experience, set the likely length of the inquiry. Once set, PINS will normally expect the length of the inquiry to stay within the agreed timetable.

Initial inquiry documentation

4.4. All parties should send their initial inquiry documentation, including Statements of Case and Statements of Common Ground, to PINS within 6 weeks of the start date.

4.5. A statement of case must include a list of documents, maps and plans that the applicant intends to rely on. It should describe, but not contain the evidence and set out briefly the arguments which a party intends to put forward at the inquiry.

4.6. A statement of common ground is essential to ensure that the evidence at an inquiry focuses on the material differences (if any) between the applicant, the MMO and any other main party. It will provide a commonly understood basis for the parties to inform the statements of case and the subsequent production of proofs of evidence. The statement should be prepared in the first instance by the applicant. It should be a single document, and signed by the main parties.

4.7. PINS will set the inquiry date and notify all parties of the venue and inquiry arrangements. The inquiry date will normally be set within 20 – 22 weeks of the start date.

Pre-inquiry meeting

4.8. PINS will arrange pre-inquiry meetings or, for smaller cases, issue a pre-inquiry note on behalf of the appointed Inspector if appropriate.

Proofs of evidence

4.9. The term “proofs of evidence” refers to the document containing the written evidence about which a person appearing at a public inquiry will speak.

4.10. The evidence of each witness should address distinct topics and not overlap one another’s.

4.11. Witnesses and advocates should limit the length of proofs. If the proof exceeds 1,500 words it should be accompanied by a summary. It is normally only the summaries that will be read out at the inquiry.

4.12. All parties should send their proofs of evidence to the Inspectorate at least 4 weeks before the inquiry is due to take place. At this stage the applicant is also required to display a notice on or near the site or a place associated with the site giving details of the inquiry. It is also advisable for the applicant to place an advert of the inquiry in a local newspaper.

Late submissions of evidence

4.13. Late evidence will only be accepted in exceptional circumstances, a satisfactory explanation as to why the evidence was not received by PINS in accordance with the notified inquiry timescales will be required along with an explanation of how and why the material is relevant. We may also seek the views on this matter from the other parties.

Inquiry

4.14. The appointed Inspector will open the inquiry on the notified date. If the Inspector accepts late evidence at this stage this may result in the need for an adjournment.

4.15. Within 10 days of closing the inquiry PINS will notify Defra of the likely date that the report will be submitted to the Secretary of State.

Report

4.16. Once completed the Inspector will submit a report, including a recommendation, to the Secretary of State.

4.17. The Secretary of State will consider the Inspector’s report and make the final determination and issue a decision letter as the appropriate licensing authority under the Marine and Coastal Access Act.

Withdrawal

4.18. If, for any reason, there is cause to withdraw the application the applicant should immediately contact both PINS and the MMO. Withdrawal will then be confirmed in writing by PINS to all the main parties.

5. Complaints about the Planning Inspectorate

5.1. The letter acknowledging recovery of the determination will provide details of the team dealing with the case within PINS. The Case Officer should be the first person contacted with queries or complaints about the handling of the case up to the point when the report is submitted to the Secretary of State. However, if the response from the Case Officer is not satisfactory you should contact the Customer Quality Unit at the following address:

Customer Quality Unit
The Planning Inspectorate Room 4/05
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN

Phone: 0303 444 5884

Email: [email protected]

5.2. If your complaint relates to the Secretary of State decision then please contact:

Marine Licensing Team
Area 8B Millbank
c/o Nobel House
17 Smith Square
London SW1P 3JR