Scheme Planning/Consents
During the Planning Application the following the planning/consent issues encountered were as follows: -
1. Town and Country Planning Act 1990 – Planning permission required and obtained from Planning Authority
2. Town and Country Planning Act (EIA) Regulations 1999 (the EIA Regulations) - Proposal classed as infrastructure project comprising coastal works capable of altering the coast under 10m of Schedule 2 and Environmental Impact Assessment was required to accompany planning application.
3. Habitats Regulations (1994) - Appropriate Assessment required (information required for this assessment was provided in the Environmental Statement).
4. Wildlife and Countryside Act (1981) – EIA included assessments of impacts to species protected either under Section 9 or under the Habitats Regulations.
5. Land Drainage Act 1991 - Consent from Environment Agency because existing drainage systems and coastal defences are to be affected. It was agreed with EA that a single Land Drainage application will be required to cover all the works and future maintenance of the seawall.
6. Water Resources Act 1991 - Consent from Environment Agency Flood Defence Committee required and obtained for proposed works affecting tidal flood defences.
7. A footpath diversion order under the Highways Act 1980 or the Town & Country Planning Act 1990.
8. Coast Protection Act 1949 (CPA) - Agreed with the Marine Environmental Consents Unit (MECU) that no consent needed under Section 34 (as amended by Section 36 of the Merchant Shipping Act 1988) for construction, works below mean high water Springs (MHWS) or for temporary blocking of navigation during the recharge operations is. This consent is to be obtained via the Works Licence from CHA (see below).
9. Food and Environment Protection Act 1985 (FEPA) – Agreed with the MECU that construction or sediment deposition licences under Part 2 are not needed. With respect to the sediment recharge works, although a formal FEPA consent is not required (because arisings will not be deposited below MHW), the quality of the material is still to be double-checked and subject to FEPA-standard studies as if a consent was being applied for.
10. Waste Management Licensing Regulations 1994 - A waste management licence or an exemption under Regulation 17 of the Waste Management Licensing Regulations 1994 not required (sediment volume <20,000m3).
11. Water Resources Act 1991 - No discharge consent under consent was not required because there will be no discharge from the site to the estuary. The dredge arisings for instance will be dewatered entirely within the realignment site such that there will be no release into tidal waters. Water abstraction licence not needed because the scheme involves altering the coast to allow "natural" abstraction.
A Works Licence was also required and obtained from the Harbour Authority.