Cliff protection measures at The View, Porth
Information relating to a marine licence application to carry out works for cliff protection measures (case reference MLA/2018/00527)
Documents
Details
MMO Update – January 2024
Following the cliff collapses which occurred at Whipsiderry beach on 29 November 2023 and 19 December 2023 the MMO has taken the decision to extend the marine licence suspension. The MMO will provide a further update in due course. Details of the suspension can be found on the Public Register by searching L/2022/00300.
MMO Update - December 2023
Following the update in November 2023, the MMO has now published the report prepared by independent experts Mott MacDonald. The MMO will provide a further update in due course. The report can be found on the Public Register by searching L/2022/00300.
MMO Update - November 2023
The MMO has engaged independent experts to undertake a geotechnical review of this case. Following information received as part of this review the MMO has withdrawn the initial suspension notice and a new suspension notice has been issued. The MMO will provide a further update in due course. Details of the suspension can be found on the Public Register by searching L/2022/00300.
Case Details
The Marine Management Organisation (MMO) received a Marine Licence application (MLA/2018/00527) in December 2018 to carry out works for cliff protection measures to reduce erosion rate and recession line of the affected cliffs. The licence application requested that works be licensed from September 2019 to October 2020. The application made reference to a planning application, but did not state what the planning application was for, or give any details e.g. reference numbers.
A previous Marine Licence application was submitted to the MMO (MLA/2015/00189/1) for similar works. This licence (L/2015/00254/1) was temporarily suspended as new information relating to bats was presented to the MMO, which called into question whether the ecology of the site had been fully addressed when the application was determined. The MMO varied the licence to include additional conditions to manage and mitigate risk to ecological assets and the licence was reinstated. No works were completed and the licence expired.
Application MLA/2018/00527 included a Preliminary Ecological Appraisal, Water Framework Directive Assessment, Environmental Assessment on Proposed Cliff Protection Scheme report, and a Geotechnical Assessment Options Report. As outlined in the latter report, the works would comprise filling the sea caves with mass concrete which would involve concrete blocks being secured with rock bolts to the cliff. Temporary sheet piling would be installed to the cliff toe to allow de-watering works to the sea caves. The activity would take three months to complete.
Environmental Impact Assessment
On review of the application the MMO requested that the applicant submit an Environmental Impact Assessment (EIA) Screening Opinion request as the proposed works are capable of falling within Section 69 of Schedule A2 of the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 since they constitute ‘Coastal work to combat erosion and maritime works capable of altering the coast’.
Based on the information submitted by the applicant at the time, the MMO conducted a Screening Opinion (EIA/2019/00003), which screened the works out of requiring an EIA under the Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017. The MMO proceeded with the Marine Licence application on the basis that it did not require an EIA.
Due to the proposed work site’s proximity (approximately 330 metres) from the Bristol Channel Approaches Special Area of Conservation (SAC) a Habitats Regulations Assessment was carried out. This SAC is designated to help maintain a Favourable Conservation Status (FCS) for harbour porpoise in the UK’s waters. The HRA concluded that the works were not likely to result in a significant effect on the harbour porpoise. A Marine Conservation Zone (MCZ) assessment was also carried out by the MMO as the Newquay and the Gannel MCZ is approximately 200 metres from the site of works using the most direct pathway or approximately 700 metres away around the headland. This MCZ is designated to protect a variety of coastal sediments. The MMO did not consider that the proposed works would hinder the conservation objectives of the MCZ.
Consultation
Following an initial internal assessment, the case proceeded to consultations under Marine and Coastal Access Act 2009. In addition to consulting the public, the MMO also consulted the following bodies:
- Cornwall Council
- The Crown Estate
- Duchy of Cornwall
- Environment Agency
- Historic England
- Inshore Fisheries and Conservation Authority
- Maritime and Coastguard Agency
- Local MMO office (south west marine area)
- Ministry of Defence
- Natural England
- Royal Yachting Association
- Trinity House
The MMO received in excess of 200 public representations for this case. From these responses the MMO learned that the application was to support a housing development on top of the cliff. The MMO decided that further information was required from the applicant to address matters raised by the consultees. This was in relation to:
- Project methodology
- Nature conservation and ecology
- Heritage impacts
- Planning and consents
- Navigational impact
- Local value and tourism
- Coastal processes
Request for further information
The MMO issued a request for further information to the applicant on 28 August 2019 and met with the applicant 12 September 2019 to discuss this further. Given the matters outstanding, the applicant was advised the issues must be fully addressed before the MMO would consider the application any further. The applicant was also advised further survey work related to the points above would be required to support the application.
The MMO are continuing to liaise with the applicant and are awaiting the application update to be submitted.
MMO update January 2020
The MMO has yet to receive the further information requested from the applicant on 28 August 2019 and the case remains on hold.
MMO update August 2020
The MMO has received information from the applicant following the Request for Further Information issued in August 2019. The MMO is in the process of reviewing this information and may be minded to carry out consultation on the information provided, once the internal review has been completed. Further updates will be published in due course.
MMO update September 2020
On review of the information received, the MMO is conducting a second round of consultation. This is with statutory consultees only, and will close in October 2020. Further updates will be published in due course.
MMO update November 2021
The MMO has completed its second round of consultation with select statutory consultees. After an internal review at the request of the applicant, which took in to account additional information supplied, it was identified that the MMOs scientific advisors Centre for Environment, Fisheries and Aquaculture Science (CEFAS) should be consulted. Consultation with Cefas concluded in June 2021. A review of the consultation responses has been undertaken and the MMO has further engaged with several consultees to discuss their responses. Further updates will be published in due course.
MMO Update December 2021
The MMO has shared the outcome of the Cefas consultation with the applicant and are continuing to progress the case towards a determination. Further updates will be published in due course.
MMO Update April 2022
Following updates to the extant Planning Permission the MMO has conducted further consultation with Cornwall Council. The case is being progressed toward determination and further updates will be published in due course.
MMO Update July 2022
The MMO has now concluded further consultation with Cornwall Council and with Cefas, following receipt of additional information. The MMO is progressing the case towards determination, with a view to concluding this in Summer 2022. Updates will be published in due course.
MMO Update July 2022 (2)
The MMO has reached a final determination of this case. A Marine Licence has been issued subject to conditions. A copy of the Marine Licence is available on the Public Register. Please search MLA/2018/00527.
MMO Update March 2023
Since the applicant commenced works, the MMO has received correspondence from concerned members of the public. The MMO is currently reviewing all correspondence and taking appropriate action. On 22 February 2023 the MMO completed a site visit. The outcome of this visit will be provided as an update to this page in due course.
The MMO are aware that there are concerns over the development at the top of the cliff. The Marine and Coastal Access Act 2009 provides that a marine licence is required for certain activities carried out within the UK marine area. The MMO is responsible for marine licensing in English waters and for Northern Ireland offshore waters up to Mean High Water Springs. Therefore, the development at the top of the cliff is not within the MMO’s remit.
MMO Update April 2023
The MMO is continuing to respond to all correspondence received in relation to these works and is reviewing the findings of the site visit. The outcome of the site visit will be provided as an update to this page in due course.
As per the terms of the marine licence (L/2022/00300) all licensed activities must only be undertaken between 1 September and 31 March inclusive. The licence can be found on the MMO Public Register searching L/2022/00300.
The MMO is currently undertaking a review of the marine licence and an update will be provided via this selected cases page.
MMO Update September 2023
As per the MMO update of April 2023, the MMO has undertaken an internal review of this case and has taken the decision to suspend the marine licence for a period of five months pending further investigation. This will include, but is not limited to, a geotechnical review to be carried out by an independent party. The MMO will provide a further update in due course. Details of the suspension can be found on the Public Register by searching L/2022/00300.
Last updated 26 January 2024 + show all updates
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Update – January 2024
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Report prepared by independent experts Mott MacDonald added.
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November update
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September update added.
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April 2023 update added
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July update
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July update
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MMO Updates added to page
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Page updated to reflect position at November 2021
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September update
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August 2020 update added.
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First published.