Marine Policy & Planning
MARINE SPATIAL PLANNING
Ireland has no high level strategic policy for our seas and coastal areas within which marine spatial planning can be developed and a direction set for marine licensing. In the UK, a Marine Policy Statement, developed following extensive public consultation, provides this high level strategic policy.
The weaknesses in Ireland’s marine governance have long been acknowledged by government officials, politicians and environmental NGOs. Ireland’s Marine Institute, the national agency responsible for marine research, technology development and innovation, has consistently underlined the need for an integrated marine policy in line with EU recommendations.
In December 2017 Government launched a process to develop Marine Spatial Planning (MSP) in Ireland in order to conform with the EU MSP Directive. In broad terms the Directive obliges Member States to pursue economic, social and environmental objectives in marine spatial planning and plans. A document 'Towards a Marine Spatial Plan for Ireland' describes the proposed process. The National Marine Planning Framework Baseline Report, published in September 2018, described 'what is happening in our seas; where, when and why it is happening, and what challenges are faced, both at an individual sector level and collectively'. Public Consultation is open until December 14th 2018.
For the past twelve years, CCA have been advocating for the reform of the Foreshore Act, 1933 governing construction at sea and the introduction of a system of Maritime Spatial Planning to conserve marine wildlife, habitats and landscapes. We welcome the current progress towards the drafting of Ireland’s first marine spatial plan which is described as “about planning when and where human activities take place at sea”. Unfortunately, due to the delay in introducing modern legislation to govern the awarding of foreshore leases, some of the largest offshore wind farms in the world have already been permitted and progressed close to the coasts of Louth, Dublin and Wicklow under legislation acknowledged to be undemocratic, outdated and 'not fit for purpose'.
The inappropriate manner in which foreshore leases were awarded to private developers for massive offshore wind energy development on shallow sandbanks (Annex 1 Habitat) in full view of the East coast during the Celtic Tiger era is well documented on this web site. Under the undemocratic Foreshore Act 1933, leases were awarded on the sole authority of the Minister for the Marine. There was no statutory involvement of local authorities and no public right of appeal against the Minister’s decision. Contrary to good practice throughout Northern Europe, there was no prior selection of potential sites by Government and no public tender. Once leases were awarded they could be sold on before construction at a price based on size of development permitted, netting significant profit for the original Irish promoters. In short, the manner in which the leases were granted was contrary to all principles of proper planning and sustainable development and, therefore, failed to protect the common good.
MSP as it pertains to the East coast, is now being introduced in a situation where large tracts of the sensitive, near shore coastal zone have already been leased for 99 years to private OWE developers in a planning vacuum under outdated legislation.
The 10 Key principles of MSP, as set out in the EU Commission’s Roadmap for Maritime Spatial Planning 2008, include the following:
1. Eco-system approach – the overarching principle
2. Developing MSP in a transparent manner
3. Stakeholder participation
4. Achieving coherence between terrestrial and maritime planning
5. Strong data and knowledge base.
Regulation of OWE in Irish waters has, to date, contravened these Key Principles of MSP.
1. Ecosystem based approach has been ignored with developer-led site selection. Sites were picked out by developers on a “first come first served” basis. Shallow, near-shore sandbanks (Annexe 1 Habitats) as the cheapest option, were systematically targeted.
2. No transparency. The public are completely unaware of the large scale OWE development permitted and proposed off the east coast.
3. Stakeholder participation was demonstrably inadequate e.g. permission was granted for the biggest offshore wind farm in the world (200 large turbines on the Codling Bank off Bray Head) without a single submission from the public.
4. Coherence between terrestrial and maritime planning was noticeably absent e.g. there was: - no statutory involvement of local authorities whose authority was deemed to end at the shore line; - no independent professional assessment of visual impact of near shore development on adjoining high amenity coastlines designated as Areas of Outstanding Natural Beauty and - no assessment of impact on” views and prospects” listed for strict protection in local county development plans.
5. Data and knowledge base were deficient in many areas. This deficiency was officially acknowledged in the Strategic Environmental Assessment of the Offshore Renewable Energy Development Plan.
These weaknesses in Ireland’s coastal management regime were officially acknowledged by The Marine Institute in April 2007 at a conference entitled “Towards the Sustainable Development of Ireland’s Coast.”
The Weaknesses in Ireland’s Coastal Management Regime (Marine Institute, 2007)
No integrated regulatory framework for Coastal Management
De facto Policy is “1st come, 1st served”
Until now, no integrated national plan in operation for Marine Monitoring
No sense of local Ownership / input to Coastal Management
Perceived “complexity” of Coastal Zone Management
Fragmented & Ad hoc decision making by advisory groups, reporting to DCMNR
Staff turnover & weakness in key Administrative structures.(Slide from Marine Institute Presentation)
It is worth noting that by the time this conference took place in 2007, 1620MW of offshore wind had been permitted on shallow sandbanks (Annex 1- listed habitats) close to the high amenity Wicklow coast (520MW Arklow Wind Park and 1100MW Codling Wind Park) This was double the amount of offshore wind then installed worldwide. Foreshore Licences for initial investigation had been granted for 330MW Oriel Wind farm in Dundalk Bay and 360MW Dublin Array on Kish and Bray Banks. These massive developments were in the near shore zone, 10-15km off high amenity coastlines and situated on shallow sandbanks listed for protection under EU Habitats Directive.
It is important to emphasise that to date just seven turbines have been erected, out of a total of up to 820 which have been permitted and progressed close to Ireland’s east coast.
If the MSP process fails to query this developer-led targeting of in-shore sandbanks, then it will have failed to protect the marine environment and the public interest. Sectoral development interests will continue to dominate and shape our east coast waters and Ireland's First Marine Spatial Plan will be no more than another rubber-stamping exercise designed to facilitate development at the cost of environmental degradation.
The widely acknowledged inadequacies in Ireland’s marine governance and the lack of marine and coastal planning to balance competing interest in our seas, should have been addressed before successive Ministers for the Marine:
- Awarded foreshore leases for two of the biggest offshore wind farms in the world in Ireland’s near shore waters
- Facilitated progression of a number of other Foreshore Leases and Licences under a consenting regime long acknowledged to be non-compliant with EU legislation and grossly unfit for purpose
- Offered generous price supports for offshore renewable energy development (2008) leading to a rush of applications which an inadequate system was unable to process