South Bank Quay marine licence applications
Details of the marine licence applications from South Tees Developments Limited for South Bank Quay.
Applies to England
Documents
Details
Initial Marine Licence Application
The Marine Management Organisation (MMO) received two marine licence applications (MLA/2020/00506 and MLA/2020/00507) in November 2020 from South Tees Developments Limited proposing to construct a new quay at South Bank in the Tees estuary (referred to hereafter as the proposed scheme). The proposed scheme is required to support South Tees Developments Limited’s landside proposals for general industry and storage, or distribution uses within part of the South Industrial Zone (which has been subject to a separate planning application - reference R/2020/0357/OOM). It is envisaged that the new quay would be used predominantly by the renewable energy industry, as well as supporting more general industrial and storage/distribution activities. The proposed scheme comprises demolition, capital dredging, offshore disposal of dredged material, placement of rock in the berth pocket and construction and operation of a new quay (to be set back into the riverbank). The development of the proposed scheme is to be undertaken in phases. Application MLA/2020/00506 covers the works required for Phase 1 of the proposed scheme only and MLA/2020/00507 covers the works required for Phase 2 of the proposed scheme.
Environmental Impact Assessment
Council Directive 2011/92/EU (as amended) 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 EIA before permission is granted.
The Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended) (“the Regulations”) transpose the EIA Directive into UK law for marine licence applications. Pursuant to Regulation 5 of the Regulations, it was agreed that the proposed works constitute an EIA development under Schedule A2 (88) of the Regulations, specifically: Schedule A2 (88) Any change to or extension of development of a description listed in Schedule A1 (other than a change or extension falling within paragraph 31 of that Schedule) where that development is already authorised, executed or in the process of being executed.
The marine licence application required under Part 4 of the Marine and Coastal Access Act 2009 (“the Act”) therefore also required EIA consent and an Environmental Statement (“ES”) was submitted to support the applications.
Article 10(1)(b)(i and ii) of the Regulations provides an appropriate authority (the MMO) the ability to determine that an EIA is not required in relation to a regulated activity if it is satisfied that assessment of the effects on the environment of the project in question has already been, is being, or is to be carried out by the appropriate authority or by another consenting body, and such assessments are (or will be) sufficient to meet the requirements of the EIA Directive in relation to that project. The MMO confirmed its intent to defer an EIA consent decision under the Regulations, by virtue of article 10(1)(b)(i and ii), on the basis that assessment of the effects of the project has been be carried out by Redcar and Cleveland Borough Council.
Habitats Regulation Assessment
The proposed scheme is situated in the Teesmouth and Cleveland Coast SPA/Ramsar sites and an appropriate assessment was necessary to determine the impacts of the scheme on the qualifying features.
An alone and in-combination appropriate assessment was undertaken of the implications of the proposal in consideration of the applicable conservation objectives. The MMO concluded that the proposed project would not have an adverse effect on the integrity of the following site(s), either alone or in combination:
- Teesmouth and Cleveland Coast SPA
- Cleveland Coast Ramsar
The MMO has deferred to the HRA undertaken by the Local Planning Authority (Redcar and Cleveland Borough Council) on impacts of piling, as no piling is taking place within the marine environment.
Consultation
Following an initial internal assessment, the case proceeded to consultations under the Marine and Coastal Access Act 2009. In addition to consulting the public, the MMO also consulted the following bodies:
- The Crown Estate
- Environment Agency (EA)
- Historic England (HE)
- Inshore Fisheries and Conservation Authority (IFCA)
- Maritime and Coastguard Agency (MCA)
- Local MMO office (North East marine area)
- Ministry of Defence (MoD)
- Natural England (NE)
- Royal Yachting Association (RYA)
- Trinity House
- RSPB
- Teesport Harbour Authority
The MMO sought further information from the applicant, including on sediment quality, impacts to migratory fish and methodologies to reduce impacts to the SPA birds.
A further round of consultation was undertaken with the EA and NE to ensure that the updated information satisfied their concerns.
Following the MMO assessment, dredging and disposal would not be allowed during the months of July and August to ensure that there was no detrimental impact to migratory fish. The restriction is conditioned on the marine licence(s).
Conclusion
The MMO has conducted a comprehensive review of the proposed scheme, including consultation with the public, our scientific and primary advisors, and key stakeholders.
The MMO has considered the concerns raised by the EA and NE when making its decision. Further, the MMO has considered the proposed scheme against the North East Inshore Marine Plan and found it to be compliant with relevant plan policy. The MMO is content that the representations received were sufficiently addressed by the inclusion of marine licence conditions.
The Marine Licence L/2021/00333 for phase 1 of the scheme was issued on 17 December 2021 and included conditions to ensure that the considerations raised during consultation had been addressed.
The Marine Licence L/2021/00433 for phase 2 of the scheme was issued on 25 February 2022 and included conditions to ensure the considerations raised during consultation had been addressed. This licence was also covered in the EIA deferral document that was issued on 16 December 2021.
MLA/2020/00506 Marine Licence Variation 1
A request to the vary the licence L/2021/00333 (Phase 1, MLA/2020/00506) was submitted on 5 April 2022. The variation was to add cutter suction dredger as an alternative type of dredging plant, to change the dredge level to 11.5m below chart datum (bCD) from 11m bCD and to revise the coordinates of the dredge areas.
An additional new activity was also proposed for enabling works comprising temporary improvements and temporary access bridges to the 1950s section of South Bank Wharf. This includes two temporary bridge beams and a concrete overlay to the existing wharf that will be removed at a later date. This was requested to facilitate the removal of dredged material not suitable for disposal at sea.
The MMO reviewed the proposals relating to enabling works and we’re satisfied that these works fit within the overall scope of the submitted Environmental Statement and could therefore be incorporated into the variation request.
Variation 1 Consultation
Following an initial internal assessment, the case proceeded to consultation under the Marine and Coastal Access Act 2009 with relevant stakeholders. The MMO consulted the following bodies:
- Centre for Environment, Fisheries and Aquaculture Science (Cefas)
- Natural England (NE)
- Environment Agency (EA)
- Local MMO (North East marine area)
- Maritime and Coastguard Agency (MCA)
- Trinity House (TH)
- Teesport Harbour Authority
During consultation, there were no objections to the use of cutter suction dredger. Following consultation, it was also agreed that no additional sampling, in addition to the sampling already undertaken for this licence, would be required in connection with this variation request.
Variation 1 Conclusion
The MMO conducted a review of the proposed variation, including consultation with our scientific and primary advisers, and key stakeholders.
The varied Marine Licence L/2021/00333/2 for phase 1 of the scheme was issued on 26 August 2022 and included conditions to ensure that the considerations raised during consultation had been addressed.
MLA/2020/00506 Marine Licence Variation 2
A second request to vary the licence L/2021/00333/1 (Phase 1, MLA/2020/00506) was submitted on 4 October 2022. The proposal is to increase the capital dredge and disposal volumes to facilitate removal of the material between the existing OSPAR line 1 and line of the new quay wall, together with minor corrections identified after determination of first marine licence variation request.
The request includes an additional 231,000m3 of material to be disposed to sea during Phase 1 of the works. This increases the total volume of material from 902,000 m3 to 1,133,000 m3. This includes the following amendments to the original volumes permitted:
- An additional 29,000m3 of material to be dredged within the Tees Dock turning circle. This increases the amount from 187,000 m3 to 216,000 m3 which will be dredged over a period of two weeks.
- An additional 202,000m3 of material to be dredged within the channel and berth pocket over a period of five months.
The request is also to amend a minor administrative discrepancy noted between the mass of rock stated within the quantities section (175,000,000 kg) and written in the Methodology text (400,000 tonnes). The request is to update the quantities table to match that referred to in the original Methodology.
Variation 2 Consultation
Following an initial internal assessment of the requested changes, the case has now proceeded to the consultation process required under the Marine and Coastal Access Act 2009. MMO is consulting the following bodies:
- Centre for Environment, Fisheries and Aquaculture Science (Cefas)
- Natural England (NE)
- Environment Agency (EA)
- Local MMO (North East marine area)
- Maritime and Coastguard Agency (MCA)
- Trinity House (TH)
- Teesport Harbour Authority
During the consultation period, no objections were received from the bodies consulted. NE advised the MMO to review previous advice. The MMO sought further information from the applicant, including disposal amounts, impacts to coastal processes, benthic ecology, fish and fisheries and shellfish.
The MMO received two representations from members of the public who objected to the variation. The MMO acknowledged the objections, and in response included details from the Defra Independent Expert Assessment of Unusual Crustacean Mortality in the north-east of England in 2021 and 2022 Report.
Following consultation, it was agreed that no additional sampling would be required. The MMO is satisfied that the changes to disposal amounts are within the scope of the EIA as presented in the Environmental Statement.
Variation 2 Conclusion
The MMO conducted a review of the proposed variation, including consultation with our scientific and primary advisers, and key stakeholders.
The varied Marine Licence L/2021/00333/3 for phase 1 of the scheme was issued on 28 February 2023 and included conditions to ensure that the considerations raised during consultation had been addressed.
Post Consent actions
Existing conditions on the Marine Licence ensured that various plans would need to be approved prior to the commencement of any dredging activities, these include:
- Biosecurity Plan.
- Written Scheme of Investigation (WSI).
- Scheme of monitoring for Dredging Activities.
The Biosecurity Plan was agreed by EA and the return was discharged on 19 January 2022.
HE was consulted on the WSI and the condition discharged on 1 April 2022.
The original scheme of monitoring for dredging activities were consulted on and agreed with Cefas and EA and the return was discharged on 23 August 2022. The amendment to dredge volumes requested under variation two are still under consideration. However, this does not impact activity, including subsequent dredging and disposal volumes, under the original application and variation one.
An additional condition was added to the varied marine licence that requires even distribution of material at the disposal site. Within one week of completion of disposal activity, the MMO must be sent evidence to demonstrate compliance with this condition.
A copy of the licence and the supporting assessments can be found on the MMO public register under the references MLA/2020/00506 and MLA/2020/00507.
Update January 2023
Marine Management Organisation (MMO) is currently considering the contents of a pre-action protocol letter from Leigh Day Solicitors, dated 16 December 2022, and will respond in due course. In the meantime, it would not be appropriate for us to comment in detail on matters relating to the letter or on evidence being assessed by an independent expert panel at the request of the Environment, Food and Rural Affairs committee.
All marine licenses and related documents are available to view on the public register.
Last updated 8 March 2023 + show all updates
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Updated with Variation 2 conclusion
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Updated with Variation 2 conclusion
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Update January 2023.
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Page updated to reflect applications to vary the original marine licence.
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July amends
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First published.