Sustainable Severn Forum - 9th December 2015

1. Society and the Severn
Dr Thomas Appleby
Associate Professor in Property
Sometime Solicitor

2. Different forms of control
Ownership
Regulation

3. Protected Interests
Freehold
 Crown Estate owns most of
the foreshore and the
Seabed
 Some other freeholders
Public rights of
 Navigation
 Fishing
Private rights
 Drainage
 Fishing
 Flood Prevention

4. Crown duties
Crown Estate Act 1961
 Section 1(3) maintain and
enhance value
 Section 3(1) ‘best
consideration’
 Section 4 charitable
purposes

5. Removing protected interests
Requires specific
legislation
Compulsory Acquisition
Compensation

6. Regulations
Development Consent
Marine licence
Marine planning
Environmental regs.
 Habitats Directive
 Environmental Impact
Assessments
 Wildlife and Countryside Act
Other consents
 Planning

7. Nationally Significant Infrastructure
Projects
Development Consent
Duty to consult
 Prescribed persons
 Marine Management
Organisation
 Land owners
 Local Community
 Local Authorities
Assess issues
Decide

8. Marine licence
Licensed activities
 Lots
Statutory protection of
 Environment
 Human health
 Legitimate users of the sea
 Representations from any person
having interest in outcome
Can consult others it sees fit
Marine policy documents

9. Energy Price
Procurement sets ‘strike
price’ price of generated
electricity

10. Devolution
Marine licences
Marine planning
Planning
Inshore Fisheries
management
Autoren der angegebene WP-Commons (Tom Ordelman, M.Garde, Gerbil)

11. Brexit
Overarching nature of EU
legislation
Further disintegration of UK?

12. Conclusion
People are represented
By multiple public agencies
But in a disconnected way

13. Acknowledgement
The project is funded by Lloyd’s Register Foundation, a charitable foundation
helping to protect life and property by supporting engineering-related
education, public engagement and the application of research.
For more information, see: www.lrfoundation.org.uk
www.watersecuritynetwork.org
www.twitter.com/water_network