Harbours Act 1964
Marine and Coastal Access Act 2009
Food and Environment Protection Act 1985
Hinkley Point C – Jetty development
Decision report
Marine Management Organisation
Hinkley Point C – Jetty development
Decision report
Contents
1. Executive summary ................................................................................................ 1 2. Introduction ............................................................................................................ 1 3. Background ............................................................................................................ 2 Pre-application stage ............................................................................................. 2 Applications made to the MMO .............................................................................. 2 Application made to the Department of Energy and Climate Change .................... 3 Hinkley Point C new nuclear power station ............................................................ 3 4. Legal and policy framework .................................................................................... 4 Marine and Coastal Access Act 2009 and subordinate legislation ......................... 4 The Harbours Act 1964 and subordinate legislation .............................................. 4 The EIA Directive ................................................................................................... 4 The Marine Works (Environmental Impact Assessment) Regulations 2007........... 4 The Habitats and Birds Directives .......................................................................... 4 The Conservation of Habitats and Species Regulations 2010 ............................... 4 Overarching National Policy Statement for Energy ................................................ 4 National Policy Statement for Nuclear Power Generation ...................................... 5 National Policy Statement for Ports ....................................................................... 5 The Marine Policy Statement ................................................................................. 5 The National Planning Policy Framework .............................................................. 5 5. Consultation and public inquiry .............................................................................. 6 First consultation .................................................................................................... 6 Amended application ............................................................................................. 6 Calling of the public inquiry .................................................................................... 7 The ESA and HRA report consultation ................................................................... 7 The public inquiry ................................................................................................... 7 Following the public inquiry .................................................................................... 8 6. Project information ................................................................................................. 9 Location ................................................................................................................. 9 The works .............................................................................................................. 9 Timing .................................................................................................................. 10 7. Policy background ................................................................................................ 10 8. Need and benefits ................................................................................................ 11 9. Environmental impact assessment ....................................................................... 12 10. Habitats Regulations assessment ...................................................................... 12 11. The HEO application .......................................................................................... 12 Change to title of order......................................................................................... 13 Change to preamble ............................................................................................ 14 Change to Article 1 (citation, commencement and duration)................................ 14 Change to Article 3 (incorporation of the Harbours, Docks, and Piers Clauses Act
1847) .................................................................................................................... 14 Page 1 of 17
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Change to Article 5 (power to deviate) ................................................................. 14 New Article 6 (further powers as to works)........................................................... 14 Removal of Article 9 (tidal works not to be executed without approval of Secretary
of State) ............................................................................................................... 14 New Article 18 (planning and works conditions)................................................... 14 New Article 39 (closure of the jetty) ..................................................................... 14 New Article 40 (saving for termination of this order) ............................................ 14 New Schedule 3 – planning and works conditions ............................................... 15 12. The construction licence application................................................................... 15 13. The dredging licence application ........................................................................ 16 14. Conclusion ......................................................................................................... 17 Page 2 of 17
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Decision report
1. Executive summary
1.1 This is a decision report for the three applications submitted by NNB Generation
Company Limited (company number: 06937084) (the applicant) to the Marine
Management Organisation (the MMO) in connection with the proposed creation of a
harbour and harbour authority comprising a jetty and some terrestrial works at
Hinkley Point, Somerset (the jetty development).
1.2 The purpose of this report is to explain the process by which the MMO has
assessed and determined the three applications and to record the MMO's decision.
1.3 The MMO has determined that the three applications should be approved with
modifications and/or conditions.
2. Introduction
2.1 This document is the MMO's decision report in respect of the applications made
to the MMO seeking consent for the jetty development.
2.2 The MMO has considered and determined the applications in line with the legal
and policy framework. This has included:
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consultation and public inquiry
assessment of the jetty development against current policy
assessment of the need for the jetty development
environmental impact assessment
Habitats Regulations assessment
assessment against the tests set out in the relevant legislation.
2.3 The MMO's findings are set out in this decision report. This has been divided into
the following sections:
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Background – an summary background of the jetty development (section 3)
Legal and policy framework – a summary of the main legislation and policy under
which the applications have been considered (section 4)
Consultation and public inquiry – a summary of the consultation process
undertaken in respect of the applications and of the inquiry called to inform the
MMO's determination (section 5)
Project information – a description of the jetty development (section 6)
Policy background – the MMO's consideration of whether and how the jetty
development relates to current policy (section 7)
Need and benefits – the MMO's consideration of whether the need for the
development has been established (section 8)
Environmental impact assessment – the MMO's conclusions on the
environmental impact assessment undertaken in respect of the jetty development
(section 9)
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Habitats Regulations assessment – the MMO's conclusions on the Habitats
Regulations assessment undertaken in respect of the jetty development (section
10)
The HEO application – the MMO's conclusions on the HEO application (section
11)
The construction licence application – the MMO's conclusions on the construction
licence application (section 12)
The dredging licence application – the MMO's conclusions on the dredging
licence application (section 13)
Conclusion – the MMO's overall conclusion on the jetty development (section 14).
2.4 This decision report is supported by two further MMO documents:
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Hinkley Point C – Jetty development, environmental impact assessment consent
decision
Hinkley Point C – Jetty development, Habitats Regulations assessment.
2.5 These further MMO documents can be found in the appendices to this decision
report.
3. Background
Pre-application stage
3.1 On 18 March 2010, the applicant sought the MMO's opinion as to whether an
environmental impact assessment (EIA) would be required in connection with the
jetty development and on the scope of such an assessment.
3.2 On 7 June 2010, the MMO issued an opinion to the applicant confirming that an
EIA was required and detailing matters which should be considered in the
assessment.
Applications made to the MMO
3.3 In December 2010, the applicant submitted three applications to the MMO
regarding the jetty development. These comprised applications for:
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a harbour empowerment order under section 16 of the 1964 Act which sought
authorisation for the creation of a harbour and the establishment of a temporary
harbour authority with powers to operate the jetty and surrounding area (the HEO
application)
a marine licence under Part 4 of the 2009 Act which sought authorisation for the
construction of the jetty (the construction licence application)
a marine licence under Part 4 of the 2009 Act which sought authorisation for the
dredging of material from a berthing pocket alongside the jetty and the disposal of
that material at sea (the dredging licence application) 1 .
1
The construction licence application and dredging licence application were originally made under the
Food and Environment Protection Act 1985 but, on 6 April 2011, the relevant licensing provisions of
that act were replaced by those of the 2009 Act and the applications now have effect as applications
for marine licences under the 2009 Act.
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3.4 The applicant also submitted an environmental statement (the ES) with the
applications and later supplied an addendum to the environmental statement (the
ESA) and a report containing information to support a Habitats Regulations
assessment (the HRA report).
Application made to the Department of Energy and Climate Change
3.5 In December 2010, the applicant applied to the Department of Energy and
Climate Change (DECC) for an order under the Transport and Works Act 1992 (the
TWAO application). The TWAO application sought the compulsory acquisition of
land or interests in land to be used for the jetty development.
Hinkley Point C new nuclear power station
3.6 The jetty development is connected with the proposed construction of a new
nuclear power station, Hinkley Point C (HPC).
3.7 The applicant proposes to use the jetty development to facilitate the delivery by
sea of bulk materials such as aggregate and cement to be used in the construction
of HPC. However, the jetty development is independent of HPC to the extent that
one may be approved and the other not.
3.8 HPC is currently the subject of an application for an order granting development
consent made by the applicant under the Planning Act 2008 (reference EN010001)
(the DCO application). At the time of writing, the DCO application is undergoing
examination by the Planning Inspectorate.
3.9 A recommendation is expected to be made by the Planning Inspectorate to the
Secretary of State in Q4 2012 and a decision is expected by the Secretary of State in
early 2013.
3.10 The DCO application also seeks authorisation for the jetty development and the
environmental assessments undertaken for the DCO application encompass all the
HPC works and the jetty development works.
3.11 The applicant has indicated that in the event the MMO approves the HEO
application, construction licence application and dredging licence application, then
the applicant will request an amendment to the DCO application such that it no
longer seeks authorisation for the jetty development.
3.12 Alongside the jetty development, the applicant plans to carry out site
preparation works involving site clearance, earthworks, excavations, drainage and
establishment works ahead of the main development (the site preparation works).
Planning permission has been granted by West Somerset Council for the site
preparation works (reference 3/32/10/037).
3.12 The jetty development is to be removed once it is no longer required.
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4. Legal and policy framework
Marine and Coastal Access Act 2009 and subordinate legislation
4.1 The Marine and Coastal Access Act 2009 (the 2009 Act) and subordinate
legislation contain provisions detailing the procedure for processing and determining
marine licence applications and delegating responsibility from the Secretary of State
to the MMO for marine licence applications in England.
The Harbours Act 1964 and subordinate legislation
4.2 The Harbours Act 1964 (the 1964 Act) and subordinate legislation contain
provisions detailing the procedure for processing and determining harbour order
applications and delegating responsibility from the Secretary of State to the MMO for
harbour order applications in England and Wales.
4.3 The 1964 Act also transposes the EIA Directive (see below) into UK law for
harbour order applications.
The EIA Directive
4.4 Council Directive 85/337/EC on the assessment of the effects of certain public
and private projects on the environment (the EIA Directive) aims to protect the
environment and the quality of life by ensuring that projects which are likely to have
significant environmental effects by virtue of their nature, size or location are subject
to an environmental impact assessment before permission is granted.
The Marine Works (Environmental Impact Assessment) Regulations
2007
4.5 The Marine Works (Environmental Impact Assessment) Regulations 2007 (the
MWR) transpose the EIA Directive into UK law for marine licence applications.
The Habitats and Birds Directives
4.6 Council Directive 92/43/EC on the conservation of natural habitats and of wild
fauna and flora (the Habitats Directive) and Council Directive 2009/147/EC on the
conservation of wild birds (the Birds Directive) aim to ensure the long-term survival of
certain species and habitats by protecting them from adverse effects of plans and
projects.
The Conservation of Habitats and Species Regulations 2010
4.7 The Conservation of Habitats and Species Regulations 2010 (the Habitats
Regulations) transpose the Habitats Directive and Birds Directive into UK law as far
as the limit of territorial waters.
Overarching National Policy Statement for Energy
4.8 The Overarching National Policy Statement for Energy (EN-1) provides the basis
for recommendations by the Planning Inspectorate to the Secretary of State, and
then for the decision by the Secretary of State, on any proposed generating station
which constitutes a nationally significant infrastructure project (NSIP).
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4.9 The jetty development has been proposed in order to speed up and assist the
construction of HPC even though the projects are independent from each other to
the extent that one may be approved and the other not.
4.10 As such, although it does not form part of the NSIP, energy policy is relevant to
the jetty development and so the MMO has had regard to EN-1 in reaching its
conclusions.
National Policy Statement for Nuclear Power Generation
4.11 The National Policy Statement for Nuclear Power Generation (EN-6) provides
the basis for recommendations by the Planning Inspectorate to the Secretary of
State, and then for the decision by the Secretary of State, on any proposed nuclear
power station which constitutes an NSIP.
4.12 As noted for EN-1, the jetty development has been proposed in order to speed
up and assist the construction of HPC even though the projects are independent
from each other to the extent that one may be approved and the other not.
4.13 As such, although it does not form part of the NSIP, nuclear policy is relevant to
the jetty development and so the MMO has had regard to EN-6 in reaching its
conclusions.
National Policy Statement for Ports
4.14 The National Policy Statement for Ports (the Ports NPS) provides the basis for
recommendations by the Planning Inspectorate to the Secretary of State, and then
for the decision by the Secretary of State, on any proposed port development which
constitutes an NSIP.
4.15 The Ports NPS is also a relevant consideration for the MMO on other port
proposals. So, although the jetty development does not constitute an NSIP, it is a
form of port proposal and so the MMO has had regard to the Ports NPS in reaching
its conclusions.
The Marine Policy Statement
4.16 The Marine Policy Statement (the MPS) provides the framework for the MMO's
decision making as both marine plan authority and marine licensing authority.
4.17 The MMO makes decisions in accordance with the MPS unless relevant
considerations indicate otherwise.
The National Planning Policy Framework
4.18 The National Planning Policy Framework (the NPPF) provides national policy
guidance for terrestrial planning matters. It is a material consideration in planning
decisions.
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5. Consultation and public inquiry
First consultation
5.1 On 10 December 2010, notices were placed in the London Gazette and the West
Somerset Free Press advertising a period of 42 days for representations to be made
about the HEO application, construction licence application and dredging licence
application. These notices ran in the West Somerset Free Press again on 17
December 2010.
5.2 At this time, the MMO also consulted directly with various organisations including
the local authorities and various statutory bodies.
5.3 The closing date for representations was 21 January 2011 and the MMO
received representations from 42 different persons or organisations. These included:
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a joint response from West Somerset Council and Sedgemoor District Council
Somerset County Council
Stogursey Parish Council
Bridgwater Town Council
the Environment Agency
Natural England
the Countryside Council for Wales
English Heritage
the Maritime and Coastguard Agency
the Ministry of Defence
the Welsh Government
the Devon and Severn Inshore Fisheries and Conservation Authority (at the time,
the Devon Sea Fisheries Committee)
Trinity House
Royal Yachting Association
the Royal Society for the Protection of Birds
the Bristol Port Company
Devon and Somerset Fire and Rescue Service
Avon and Somerset Constabulary
the Fairfield Estate
Forum 21
Stop Hinkley
the Quantock Hills AONB Service
the British Association for Shooting and Conservation
the Bridgwater Bay Wildfowling Association
the Burnham Boat Owners Sea Angling Association.
5.4 The MMO also received representations from various members of the public.
Amended application
5.5 On 11 May 2011, the applicant submitted an amended version of the HEO
application to the MMO.
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Calling of the public inquiry
5.6 On 20 May 2011, the MMO and DECC wrote to the Planning Inspectorate to
request the engagement of an inspector to hold a local public inquiry to inform the
MMO's determination of the HEO application, the construction licence application
and the dredging licence application and DECC's determination of the TWAO
application.
5.7 At this time, the MMO also wrote directly to all parties who had made
representations following the earlier notice to inform them of the public inquiry and
asking for statements of case to be submitted by 29 July 2011.
The ESA and HRA report consultation
5.8 On 15 June 2011, the applicant submitted the ESA and the HRA report.
5.9 On 17 June 2011, a notice was placed in the London Gazette and the West
Somerset Free Press advertising a period of 42 days for representations to be made
about the amended version of the HEO application, the ESA and HRA report. This
notice ran in the West Somerset Free Press again on 24 June 2011.
5.10 At this time, the MMO also wrote directly to all parties who had made objections
or representations following the earlier notice to inform them of the amendments
made to the HEO application and additional documentation.
5.11 The closing date for representations about the amended version of the HEO
application, the ESA and HRA report was 29 July 2011.
The public inquiry
5.12 On 26 August 2011, the MMO published a statement of matters setting out
those matters which the MMO wished to be the focus of the inquiry for the purpose
of informing its consideration of the HEO application, construction licence application
and dredging licence application. These matters were:
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•
whether the need for the HEO, construction licence and dredging licence to be
granted separate to and ahead of the DCO application has been sufficiently
demonstrated
whether (and if so, how) the powers to be granted by the HEO should reflect the
temporary nature of the jetty development
how any specified removal of any constructed jetty and harbour development
forming part of the jetty development should be given effect and whether any
rights should be included in the HEO for the purposes of such removal
whether all of the powers contained in the HEO are required by the applicant in
order to secure satisfactory implementation of the jetty development or for any
works otherwise authorised and ancillary to such works
the likely impacts of the exercise of the powers contained in the HEO on the
owners and occupiers of premises and land in respect of which such powers
would be conferred, and on any other persons with rights over that land, including
their ability to carry out their businesses effectively or fulfil any statutory
responsibilities
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whether the measures proposed by the applicant are appropriate and sufficient to
mitigate potential adverse effects of the jetty development, particularly with
regards to:
o the need to protect the marine environment
o the need to protect human health and
o the need to prevent interference with legitimate uses of the sea
whether the measures proposed by the applicant are appropriate and sufficient to
mitigate potential adverse effects of the jetty development in light of concerns
raised by those persons and bodies who have made objections to or
representations about the applications, particularly with regards to:
o noise
o lighting
o recreation and access
o landscape
o navigation
o ornithology
o the marine environment
whether the making of the HEO is desirable in the interests of facilitating the
efficient and economic transport of goods by sea.
5.13 Also on 26 August 2011, DECC published a statement of matters setting out
those matters about which the Secretary of State wished to be the focus of the
inquiry for the purpose of informing his consideration of the TWAO application.
5.14 On 8 September 2011, a pre-inquiry meeting was held at the Exchange,
Bridgwater in which the inspector set out the timetable to be followed at the inquiry.
5.15 On 15 November 2011, the public inquiry commenced. It ended on 2 December
2011.
5.16 On 7 February 2012, the MMO and DECC received a report containing the
inspector's findings and recommendations following the public inquiry (the inquiry
report).
Following the public inquiry
5.17 Following the inquiry, the MMO reviewed the inquiry report and the evidence
presented to the inquiry.
5.18 On 14 May 2012, the MMO wrote to the applicant and the Rule 7 parties to the
inquiry informing them of changes the MMO was minded to make to the harbour
empowerment order should it approve the HEO application.
5.19 Also following the public inquiry, the MMO received further representations and
updates on matters from some parties. This is detailed further in the EIA consent
decision.
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6. Project information
6.1 The jetty development comprises the creation of a harbour made up of a jetty, a
berthing pocket alongside the jetty head and some terrestrial works and the
establishment of a harbour authority with powers to operate the jetty and surrounding
area.
6.2 The jetty development is proposed to facilitate the delivery by sea of bulk
materials to be used in the construction of HPC which would be a new nuclear power
station adjacent to the existing Hinkley Point B nuclear power station.
6.3 Alongside the jetty development, the applicant proposes to carry out site
preparation works involving site clearance, earthworks, excavations, drainage and
establishment works ahead of the main development.
6.4 The jetty development is to be removed once it is no longer required.
6.5 The jetty development is not a project which is directly connected with or
necessary to the management of a European or Ramsar site.
Location
6.6 The jetty development application site is located on the Somerset coast, 25 km to
the east of Minehead and 12 km to the north-west of Bridgwater.
6.7 The site falls within the parish of Stogursey in the district of West Somerset. The
onshore works would be located adjacent to the west of the existing Hinkley Point B
nuclear power station. The offshore works would extend into Bridgwater Bay, part of
the Severn Estuary.
The works
6.8 The onshore works would comprise:
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an aggregates storage area comprising stockpile areas for stone and sand, silos
for cement and/or cement replacement products and a surface water drainage
system with a water management zone for the treatment and regulation of
discharges
a rock extraction area and two soil storage areas to facilitate construction of the
onshore components
a service road providing access to the aggregates storage area, the rock
extraction area and, temporarily for the purposes of construction, to the foreshore
materials handling and conveyance equipment from the jetty bridge to the
aggregates storage area.
6.9 The offshore works would comprise:
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a jetty bridge constructed from vertical tubular piles supporting the deck
a jetty head constructed from vertical tubular piles supporting horizontal crossheads and a deck and incorporating mooring infrastructure
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a berthing pocket dredged alongside the jetty head to accommodate vessels at
various states of tide
materials handling and conveyance equipment on the jetty head and along the
jetty bridge
a roadway along the jetty bridge
aids to navigation.
Timing
6.10 The construction of the jetty development would be likely to commence in Q3
2012 and would run until Q4 2013.
6.11 The operation of the jetty development would then run for around 8 years until
2021.
6.12 The decommissioning of the jetty development would begin following operation
and would run for around 12 months.
6.13 This would be followed by a period of site reinstatement which would run for up
to 24 months.
7. Policy background
7.1 The inspector considered the policy background to the jetty development in the
inquiry report. The inspector noted that:
"The Government's clearly stated position is that new nuclear power stations like
HPC are needed 'as soon as possible'; and it is 'vitally important' that new nuclear
power stations are provided 'significantly earlier than 2025' as the need for them is
urgent." 2
7.2 The inspector also noted the letter of 16 July 2009 issued jointly by the
Department for Communities and Local Government and the Office for Nuclear
Development which dealt with planning applications received by local authorities for
preliminary works ahead of nuclear new build. This letter said that consent may be
granted on the basis that any preliminary works carried out will be removed if the
subsequent application for the nuclear power station development is turned down.
7.3 The MPS anticipates the construction of coastal power stations and associated
development and marine off-loading facilities, such as jetties and marinas, for heavy
plant items. The MPS also says that:
"When decision makers are examining and determining applications for energy
infrastructure... they should take into account... the national level of need for energy
infrastructure." 3
7.4 The NPPF considers the promotion of sustainable transport and says:
2
3
Inquiry report, paragraph 360.
The Marine Policy Statement, paragraph 3.3.4.
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"...developments should be located and designed where practical to accommodate
the efficient delivery of goods and supplies." 4
7.5 The inspector also noted that waterborne transport is to be preferred over road
transport where cost effective 5 and that the Hinkley Point C Project Supplementary
Planning Document (adopted by West Somerset Council and Sedgemoor District
Council in the absence of up-to-date local policy) expects the applicant to seek to
minimise road traffic at all times and to instead use delivery by sea 6 .
7.6 The MMO considers that the jetty development would contribute to the early
deployment of new generating capacity and would promote the use of sustainable
transport. As such, the MMO considers that the jetty development is in line with
relevant policy.
8. Need and benefits
8.1 The inspector considered the need and benefits of the jetty development in the
inquiry report. In particular, the inspector noted that the applicant is:
"...seeking to do what the Government encourages, to bring new nuclear generating
capacity on stream as soon as possible." 7
8.2 If consent were given for HPC but consent is not given now for the jetty
development, this would cause an overall delay to the deployment of new generating
capacity. This would be in conflict with government policy to secure new generating
capacity, including from nuclear power, as soon as possible.
8.3 The inspector noted also that the net benefit of the jetty development – assuming
HPC were to be given developed – would be to reduce construction traffic by around
236, 335 HGV movements. The inspector compared this with the situation should
HPC not be developed and concluded that:
"If the jetty were developed but not HPC, there would be environmental harm.
However, the harm would exist to a much lesser degree and over a much shorter
period than the very substantial gains that would be achieved if the jetty were
developed and it operated to assist the construction of HPC." 8
8.4 The MMO concurs with the inspector's findings on need and benefits and
considers that the need for the jetty development has been demonstrated and that
the potential benefits that would arise far outweigh the potential harm.
4
National Planning Policy Framework, paragraph 35.
Inquiry report, paragraph 361.
6
Inquiry report, paragraph 364,
7
Inquiry Report, paragraph 366.
8
Inquiry Report, paragraph 372.
5
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9. Environmental impact assessment
9.1 The MMO has assessed the jetty development in line with the requirements of
the EIA Directive and transposing legislation.
9.2 The MMO has determined that the environmental impacts of the jetty
development have been adequately identified, described and assessed and that
mitigation can be secured by conditions which would be sufficient to allow the HEO
application, construction licence application and dredging licence application to be
approved.
9.3 Further information on the environmental impact assessment, including a list of
the conditions required, is set out in the MMO document entitled Hinkley Point C –
Jetty development, environmental impact assessment consent decision.
10. Habitats Regulations assessment
10.1 The MMO has assessed the jetty development in line with the Habitats
Regulations.
10.2 The MMO has determined that, with certain conditions, there would be no
adverse effect on the integrity of a European or Ramsar site from the jetty
development either alone or in-combination with other plans or projects.
10.3 Further information on the Habitats Regulations assessment, including a list of
the conditions required, is set out in the MMO document entitled Hinkley Point C –
Jetty development, Habitats Regulations assessment.
11. The HEO application
11.1 Section 16 of the 1964 Act provides for the power to make a harbour
empowerment order (HEO). Section 16 (1) says that where a person is desirous of
securing:
"...the construction of an artificial harbour navigable by sea-going ships or... the
construction, improvement, maintenance or management... of a wharf... but neither
he nor any other person has powers, or sufficient powers, to secure it, or to do so
effectively, he may make a written application to the [MMO] for the making by [the
MMO] of an order conferring on the applicant... all such powers... as are requisite for
enabling that object to be achieved."
11.2 The 1964 Act also provides that:
"A harbour empowerment order may include all such provisions as appear to the
[MMO] to be requisite or expedient for giving full effect to any provision included in
the order by virtue of the foregoing provisions of this section and any supplementary,
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consequential or incidental provisions appearing to him to be requisite or expedient
for the purposes of, or in connection with, the order..." 9
11.3 However, the MMO may not make a HEO unless it:
"...is satisfied that the making thereof is desirable in the interests of facilitating the
efficient and economic transport of goods or passengers by sea or in the interests of
the recreational use of sea-going ships." 10
11.4 In reaching a conclusion the MMO has, among other things, considered:
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the information presented by the applicant in the ES, ESA and HRA report
all representations made
the results of the MMO's HRA and EIA consent decision
and the findings of the inspector as set out in the inquiry report.
11.5 The MMO notes that the purpose of the jetty development is to facilitate the
delivery by sea of bulk materials to be used in the construction of HPC. As set out in
section 8, Need and benefits, the MMO is satisfied that the need for this has been
demonstrated and that the potential benefits that would arise far outweigh the
potential harm.
11.6 As such, the MMO has concluded that the making of the HEO is desirable in the
interests of facilitating the efficient and economic transport of goods by sea.
11.7 An environmental impact assessment has been undertaken for the jetty
development. As set out in section 9, the MMO has determined that the
environmental impacts of the jetty development have been adequately identified,
described and assessed and that mitigation can be secured by conditions which
would be sufficient to allow the HEO application to be approved.
11.8 A Habitats Regulations assessment has been undertaken for the jetty
development. As set out in section 10, the MMO has determined that, with certain
conditions, there would be no adverse effect on the integrity of a European or
Ramsar site from the jetty development either alone or in-combination with other
plans or projects.
11.9 As such, the MMO has determined to make the HEO with modifications. The
main modifications are listed below.
Change to title of order
11.10 The words in parentheses have been removed from the title as there is no
other similarly entitled HEO from which to distinguish this one.
9
section 16(6) of the 1964 Act
section 16(5) of the 1964 Act
10
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Change to preamble
11.11 The opening paragraphs are reorganised to accord with other harbour orders
and, in particular, the mention of section 42A of the 1964 Act is moved from the
footnote to the preamble.
11.12 Paragraph 12 of Schedule 3 to the 1964 Act has been referenced in keeping
with the detailed recital of other provisions of Schedule 3.
Change to Article 1 (citation, commencement and duration)
11.13 Additional wording has been added to define a termination date and to bring
into effect the new Article 39. See also comments on new Article 39.
Change to Article 3 (incorporation of the Harbours, Docks, and
Piers Clauses Act 1847)
11.14 The additional wording in this provision would bring this HEO in line with
recent harbour orders made by the MMO which incorporate provisions of the
Harbours, Docks, and Piers Clauses Act 1847.
Change to Article 5 (power to deviate)
11.15 Following the recommendations of the inspector in the inquiry report, the
vertical deviation for the sand shed and silos has been removed so as to limit the
height of the developments.
New Article 6 (further powers as to works)
11.16 The MMO considers that this provision, which is usual in harbour orders
conferring power to construct works, would be necessary to extinguish access rights
over the foreshore and the area of the sea occupied by the works.
Removal of Article 9 (tidal works not to be executed without
approval of Secretary of State)
11.17 This provision has been removed. The MMO considers this would broadly
duplicate the marine licence provisions of the Marine and Coastal Access Act 2009
and, as such, would be unnecessary.
New Article 18 (planning and works conditions)
11.18 This new provision brings into effect the provisions of the new Schedule 3.
See also comments on Schedule 3.
New Article 39 (closure of the jetty)
11.19 The wording of a closure provision was agreed between the applicant and
others during the inquiry and the inspector recommended that the closure provision
be incorporated into the HEO. The MMO has instead included a closure provision in
the new Article 39 defining the closure date more accurately and including provision
for termination of the effects of the order in Article 1.
New Article 40 (saving for termination of this order)
11.20 This new provision is a saving provision for matters which may still be ongoing
at the time the HEO is terminated.
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New Schedule 3 – planning and works conditions
11.21 This new schedule includes conditions on the works in line with an agreement
between West Somerset Council and the applicant and as per the inspector's
recommendations.
11.22 The conditions are set out in the MMO document entitled Hinkley Point C –
Jetty development, environmental impact assessment consent decision.
12. The construction licence application
12.1 Section 69 of the 2009 Act sets out matters the MMO must consider in
determining the construction licence application. In particular, the MMO must have
regard (among other things) to:
•
•
•
•
•
•
the need to protect the environment
the need to protect human health
the need to prevent interference with legitimate uses of the sea
the effects of any use intended to be made of the works in question when
constructed
any representations which the MMO receives from any person having an interest
in the outcome of the application
and such other matters as the MMO thinks relevant.
12.2 In determining the construction licence application, the MMO has, among other
things, considered:
•
•
•
•
the information presented by the applicant in the ES, ESA and HRA report
all representations made
the results of the MMO's HRA and EIA consent decision
and the findings of the inspector as set out in the inquiry report.
12.3 An environmental impact assessment has been undertaken for the jetty
development. As set out in section 9, the MMO has determined that the
environmental impacts of the jetty development have been adequately identified,
described and assessed and that mitigation can be secured by conditions which
would be sufficient to allow the construction licence application to be approved.
12.4 A Habitats Regulations assessment has been undertaken for the jetty
development. As set out in section 10, the MMO has determined that, with certain
conditions, there would be no adverse effect on the integrity of a European or
Ramsar site from the jetty development either alone or in-combination with other
plans or projects.
12.5 The MMO has concluded that the jetty development is line with relevant policy,
that there is a need for the development, the potential benefits far outweigh the
potential harm and that adequate mitigation can be put in place to protect the
environment and human health and to prevent interference with legitimate uses of
the sea.
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12.6 As such, the MMO has determined to grant the construction licence subject to
the conditions set out in the MMO document entitled Hinkley Point C – Jetty
development, environmental impact assessment consent decision.
13. The dredging licence application
13.1 Section 69 of the 2009 Act sets out matters the MMO must consider in
determining the dredging licence application. In particular, the MMO must have
regard (among other things) to:
•
•
•
•
•
the need to protect the environment
the need to protect human health
the need to prevent interference with legitimate uses of the sea
any representations which the MMO receives from any person having an interest
in the outcome of the application
and such other matters as the MMO thinks relevant.
13.2 In determining the dredging licence application, the MMO has, among other
things, considered:
•
•
•
•
the information presented by the applicant in the ES, ESA and HRA report
all representations made
the results of the MMO's HRA and EIA consent decision
and the findings of the inspector as set out in the inquiry report.
13.3 An environmental impact assessment has been undertaken for the jetty
development. As set out in section 9, the MMO has determined that the
environmental impacts of the jetty development have been adequately identified,
described and assessed and that mitigation can be secured by conditions which
would be sufficient to allow the dredging licence application to be approved.
13.4 A Habitats Regulations assessment has been undertaken for the jetty
development. As set out in section 10, the MMO has determined that, with certain
conditions, there would be no adverse effect on the integrity of a European or
Ramsar site from the jetty development either alone or in-combination with other
plans or projects.
13.5 The MMO has concluded that the jetty development is line with relevant policy,
that there is a need for the development, the potential benefits far outweigh the
potential harm and that adequate mitigation can be put in place to protect the
environment and human health and to prevent interference with legitimate uses of
the sea.
13.6 However, the MMO has also concluded that the best location for disposal at sea
of the material to be dredged from the berthing pocket would fall within Welsh
waters. The MMO does not have the power to grant marine licences for Welsh
waters and so cannot authorise the disposal at sea of this material.
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13.7 As such, the MMO has determined to grant the dredging licence subject to
conditions in order to allow the dredging of the material in English waters. The
applicant will need to seek a marine licence from the Welsh Government in order to
dispose at sea of the material to be dredged from the berthing pocket.
13.8 The conditions are set out in the MMO document entitled Hinkley Point C –
Jetty development, environmental impact assessment consent decision.
14. Conclusion
14.1 The MMO considers that the jetty development would contribute to the early
deployment of new generating capacity and would promote the use of sustainable
transport. As such, the MMO considers that the jetty development is in line with
relevant policy.
14.2 The MMO concurs with the inspector's findings on need and benefits and
considers that the need for the jetty development has been demonstrated and that
the potential benefits that would arise far outweigh the potential harm.
14.3 The MMO has determined that the environmental impacts of the jetty
development have been adequately identified, described and assessed and that
mitigation can be secured which would be sufficient to allow the HEO application,
construction licence application and dredging licence application to be approved.
14.4 The MMO has determined that there would be no adverse effect on the integrity
of a European or Ramsar site from the jetty development either alone or incombination with other plans or projects.
14.5 The MMO has concluded that the making of the HEO is desirable in the
interests of facilitating the efficient and economic transport of goods by sea.
14.6 As such, the MMO has determined to make the HEO with modifications
and has determined to grant the construction licence and dredging licence
subject to conditions.
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