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Introduction
The works for the Felixstowe South Reconfiguration will be constructed in part by the remodelling of the existing Landguard Terminal (the “landward works”) and in part by the reclamation of land from Harwich Haven that is currently covered by water (the “seaward works”).
The Landward Works
Remodelling of the existing Landguard Terminal and the other landward works fall under the jurisdiction of Suffolk Coastal District Council to whom a planning application has been made.
The proposed landward works largely fall within the existing operational port area which already benefits from planning and other consents to undertake a port operation. However, the application is supported by an Environmental Statement (“the ES”) submitted in accordance with the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 on the presumption that the proposed works constitute a project falling within Schedule II to the Regulations.
The works proposed on the ‘Landguard’ fence boundary and on adjoining land on the Landguard Peninsula will impact on a Scheduled Ancient Monument (the “Landguard Peninsula”). The Landguard Fort is also a Grade 1 Listed Building. As the building is both scheduled and listed, under ancient monument legislation a scheduled monument consent application has been made.
The Seaward Works
The seaward works will be constructed on an area that is currently below Mean Low Water (and, therefore, outside the present jurisdiction of Suffolk Coastal District Council). For the powers necessary to undertake the works, HPUK will make an application to the Secretary of State for Transport for a Harbour Revision Order (HRO). The
HRO will contain a provision deeming the seaward works (when constructed) to be part of the area of Suffolk Coastal as local planning authority, and the works specifically authorised by the HRO will be granted planning permission by means of a development order.
In addition to the HRO, consent for the dredging and disposal of dredged material is also required under the Coast Protection Act 1949. This consent is also subject to the Harbour Works (Environmental Impact Assessment) Regulations 1999. The potential environmental impacts associated with the proposed development have been identified and assessed in the ES (which accompanies these applications and the planning application).
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