Northern Gateway Container Terminal
PD Teesport marine licence and EIA consent for capital dredging
Applies to England
Documents
Details
Case Details
The Marine Management Organisation (MMO) received a Marine Licence application, also requiring EIA consent, in February 2020 from PD Teesport (“the applicant”). In summary, the Project comprises:
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Capital dredging of the approach channel to the Project as well as creation of a new berth pocket (equating to dredging of up to 4.8 million m³ of material). Realignment of the existing approach channel in the vicinity of the proposed terminal and deepening of the two existing turning circles (Tees Dock turning circle and Seaton Channel turning circle) in the Tees Estuary.
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Disposal of dredged material through a combination of beneficial re-use, localised reclamation and raising land levels within the proposed terminal site and offshore disposal.
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Construction of a container terminal facility.
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Construction of various landside elements (buildings, rail terminal, road access, lighting, drainage and a pumping station).
Environmental Impact Assessment
The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 (“the Regulations”) transposed Council Directive 2011/92/EU (as amended) into UK law for marine licence applications. The regulations aim 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.
Pursuant to Regulation 5 of the 2017 Regulations, it was agreed by the MMO that the proposed works constitute an EIA development under Schedule A2, para numbers 63 and 89 of the Regulations, specifically:
63) Construction of harbours and port installations including fishing harbours (unless included in Schedule A1).
89) Any change to or extension of development of a description listed in paragraphs 1 to 87 of this Schedule where that development is already authorised, executed or in the process of being executed.
The application for the Project was. therefore supported by an Environmental Statement (“ES”) titled IBPB8270R001F01 EIA REPORT.
Habitats Regulation Assessment
The Project is situated within the Teesmouth and Cleveland Coast Special Protection Area (SPA) and in close proximity to the Teesmouth and Cleveland Coast Ramsar Site. The MMO adopted the Habitats Regulations Assessment (HRA) completed by PD Teesport as a competent authority in their own right.
An alone and in-combination appropriate assessment was undertaken of the implications of the proposal in consideration of the applicable conservation objectives. In the assessment undertaken by PD Teesport it was concluded that the proposed project when assessed alone and in-combination with other plans and projects, will not have an adverse effect on the integrity of the following site(s):
- Teesmouth and Cleveland Coast SPA and Tees
- Cleveland Coast Ramsar
Please see Section 29 of the Northern Gateway Container Terminal Environmental Impact Assessment for the HRA and document PB8270-RHD-ZZ-XX-NT-Z-0003 for the associated addendum undertaken by PDT.
MMO adopted PD Teesport’s Habitats Regulations decision on the basis that the MMO is satisfied that PD Teesport assessment and subsequent decision is sufficient to meet the requirements of the Habitat Regulations in relation to the project.
Consultation
Following an internal assessment, the case proceeded to consultation under The Marine Works (Environmental Impact Assessment) Regulations 2017 (As Amended). In addition to consulting the public, the MMO also consulted the following bodies:
- Centre for Environment Fisheries and Aquaculture Science (Cefas)
- The Crown Estate
- Environment Agency (EA)
- Historic England (HE)
- Local Planning Authority – Middlesbrough Council
- North East Inshore Fisheries and Conservation Authority (NEIFCA)
- 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
- Royal Society for the Protection of Birds (RSPB)
Summaries of key consultation representations are provided below:
Consultation with Natural England
- Natural England advised further information was required in relation to ‘above water noise disturbance’ to SPA and Ramsar birds from percussive piling and impacts of dredging upon Vopak foreshore which is located approximately 280 metres from the proposed capital dredge area and adjacent to the Tees Estuary.
- Following further consultation NE confirmed “subject to the use of noise attenuation there will be no adverse effect on the interest features of the Teesmouth and Cleveland Coast SPA and Ramsar site as a result of piling or other noisy activities covered by this application”. NE were content that the proposed mitigation measures would be sufficient to prevent adverse effects through noise.
- The MMO has reviewed advice from NE, supporting information from the applicant and considered guidance on potential habitat loss.
- In reaching a decision, the characteristics of the impacted habitat have been considered by the MMO.
- It was concluded that the data shows that roosting was being undertaken across the low, mid and high area of the foreshore as well as other areas in the vicinity – not affected by this dredging proposal.
- Data on benthic invertebrate communities (possible prey items for birds) concluded no significant difference in numbers across the different levels of the foreshore.
- The available evidence supports the conclusion that functional integrity of the site will not, therefore, be adversely affected.
- NE did not raise any objection relating to the disposal activity of dredged material to sea.
Consultation with EA
- A Water Framework Directive (WFD) Assessment was completed by the applicant which concluded that the potential impact to water quality associated with an increase and redistribution of suspended solids would lead to residual impacts of negligible significance.
- Following a number of queries from the EA, the applicant provided further information and updated their WFD assessment and EA removed their initial objection subject to the inclusion of mitigation measures. The further information provided by the applicant included an additional water quality assessment and a calculation of the impacted biodiversity units.
- EA did not raise any objection relating to the disposal activity of dredged material to sea.
Request for further information
The MMO issued several requests for further information to the applicant as part of the application process, including requests for updated Water Framework Directive (WFD) information and environmental reports for the assessment of impacts to migratory fish and physical processes.
A further round of consultation was undertaken with the EA and Cefas to ensure that the updated information satisfied their original questions and concerns.
Conclusion
The MMO has conducted a comprehensive review of the proposed project, including consultation with the public, our scientific and primary advisors, and key stakeholders.
The MMO has considered the initial concerns raised by the EA and NE when making its decision. Further, the MMO has considered the Project against the North East Inshore Marine Plan and found the Project 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/2021/00354/1 was issued on 2 March 2022 and included conditions to ensure the considerations raised during consultation had been addressed and EIA consent decision was made on 2 March 2022 followed by the granting of a marine licence
Post Consent actions
Conditions on the Marine Licence ensured that various plans need to be approved prior to the commencement of any dredging activities, these can be seen on the marine licence document and include:
- Detailed Method Statement
- Geoarchaeological assessment
- A plan to minimise cumulative environmental impacts from the disposal of dredged material