The principal statutory duty of a County P l a n n i n g Depa r t m e n t is to produce a S t ructure Plan, the main pu r pose of which is to state in broad terms the
general policies and p r oposals of s t r a t e g i c
importance for the d e v e l o p m e n t and use of land in an
area. It should take account of natio n a l and
regional policies and provide a f r amework for m ore d e t a i l e d policies and proposals in local plans.
Structure Plans are expected to include p o l i c i e s on co n s e r v a t i o n as well as recr e a t i o n and t herefore
provide an opportunity to address any conf l i c t s
b etw e e n the two before they arise, by h a ving clear and integrated policies. It would appear polic i e s can be either negative that is d i s c o u r a g i n g and plac i n g strong r estrictions on the d e v e l o p m e n t of
facilities for water sports in e c o l o g i c a l l y
sensitive areas or positive, w h e reby polic i e s
encourage water sport facilities in the less
sensitive areas, subject to certain criteria.
In the Hampshire County Council Structure Plan (May 1991), the policy on marina d e v elopment is clearly
d i s c o u r a g i n g further water sport facilities
p articularly if they would result in u n a c c e p t a b l e level of recreational activity.
" N e w m a r i n a d e v e l o p m e n t s or p r o p o s a l s for n e w m o o r i n g s will not n o r m a l l y b e p e r m i t t e d i f their i m p l e m e n t a t i o n is l i k e l y to g i v e r i s e to a d d itional m a r i n e a c t i v i t y which will r e sult in u n a c c e p t a b l e levels of c o n gestion in h a r b o u r s or s a i l i n g a r eas o f f s h o r e ."
One shor t c o m i n g of this policy w o u l d a p pear to be the fact that it does not link u n a c c e p t a b l e levels of conge s t i o n with impacts upon the environment; for
it would appear by limiting the g r o w t h of
facilities, it will reduce the pres s u r e s p l a c e d on the natural environment. In contrast to this policy, is the one in the West Sussex Structure Plan, 1988, on coastal water recreation w hich encou r a g e s new facilities subject to them m e e ting certain criteria, which will make it clear to the d e v e l o p e r what is required. The Policy is:
" Pr oposals for additional boat m o o r i n g s i n c l u d i n g
marinas, areas for boat p a r k i n g on l a n d a n d as s o c i a t e d facilities will n o r m a l l y b e p e r m i t t e d subject to:
(1) N o p o l l u t i o n or erosion p r o b l e m s b e i n g created; (2) No serious a d v erse impact on n a t u r e conserva tion;
(3) A n y conflict b e t w e e n the proposal a n d commercial sh i p p i n g or e x i s t i n g s a i l i n g b e i n g resolved;
(4) N o t h i n g b e i n g done to p r e v e n t the full pote n t i a l of the site for b o a t m o o r i n g a n d l a u n c h i n g b e i n g realised;
(5) Prov i s i o n b e i n g m a d e for visitor m o o r i n g s "
In recognising conflict with commercial s hipping and existing sailing, the policy could be s t r e n g t h e n e d
from the nature c o nservation point of view by
re c o gnising there is conflict with this as well. However, credit must be given to the fact that there
appears to be under s t a n d i n g that the n a ture
c o n s e r v a t i o n interest of an area can limit its
capacity for water sport provision.
This u n d e r s t a n d i n g should under l i e polic i e s in all Structure Plans whether referring to coastal or
inland waters; as at a time when c o n c e r n for
e n v i r o nmental protection is at its highest, and
there is an increasing reco g n i t i o n that once
w ildlife habitats are disturbed or lost they cannot
be returned to their original state, g r e a t e r
c o n s i d e r a t i o n needs to be given to g i v i n g nature cons e r v a t i o n objectives precedence over p r o v i s i o n for water recreation.
Some Structure Plans contain policies to encou r a g e the recreational after-use of mineral sites to take pressure off other inland waters and coastal waters.
For example within the Norfolk Structure Plan
s ubmitted February 1991, it is c o n s i d e r e d that the r ecreational after use of mineral workings c ould in some cases be used to resolve conflicts b e t w e e n
w a ter based activities elsewhere, and to reduce
damage to sites of nature conse r v a t i o n or other quiet recreational interest, caused by m o tor c y c ling or motor i s e d water sports. The policy states:
" The C o u n t y Council will e n c o u r a g e the r e c r e ational a f t e r - u s e of mineral w orkings s u b j e c t to environmental c o n s i d e r a t i o n s a n d taking into a c c ount n a t u r e c o n s e r v a t i o n " .
It is cons i d e r e d that such a policy s h ould be
introduced into all Structure Plans where a p p l i c a b l e as by encou r a g i n g devel o p e r s to d e v e l o p r e d u n d a n t
m i n eral site as r ecreational centres it w ould
clearly take the pressure away from more
ecolo g i c a l l y sensitive areas, p a r t i c u l a r l y if the facilities provided on site were of a high stand a r d and it was within easy access of towns and cities. Additionally, it would then be possi b l e to provide for the needs of water sports as well as nature c o n s e r v a t i o n interests in an area. However, such a p olicy must be acco m p a n i e d by policies d i s c o u r a g i n g r ecreational use on the sites of nature c o n s e r v a t i o n i m p o r t a n c e .
These few examples therefore, illustrate the types of policies found in Structure Plans which address the p r ovision for water sports in an area as well as r e c o g n i s i n g the environmental implications of such
objectives. The policies work to resolve future
problems rather than existing conflicts by
e n c o u r a g i n g or disco u r a g i n g further facilities for w a t e r sports as appropriate.
A u t h o r i t y and therefore has a duty to p r o d u c e a M i n e r a l s Local Plan as set out in PPG12, w h i c h can
set out r equirements for the r e s t o r a t i o n and
afte r c a r e of mineral sites. This p rovides some scope to p r o m o t e r e s t o r a t i o n to an amenity use; it w o u l d appear that prese n t l y many plans cont a i n g e n eral r e s t o r a t i o n policies, such as in the H a m p s h i r e