Looe Harbour Revision Order
On 14 July 2021 Ashfords LLP submitted, on behalf of the future applicant (either Cornwall Council or Looe Harbour Commissioners), a notice in accordance with paragraph 3 of Schedule 3 of the Harbours Act 1964 to the Marine Management Organisation (MMO) of their intention to submit a harbour revision order application for the construction of a major coastal defence scheme, including new breakwaters and tidal barrier.
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As the proposed order would authorise, either directly or indirectly, a project which causes a physical intervention in the marine environment, the MMO was required by Schedule 3 of The Harbours Act 1964 to screen the proposed application against Council Directive 2011/92/EU (“the EIA Directive”).
The MMO considers the proposed works to be an Annex II project under the EIA Directive 2011/92/EU, specifically:
10 (k) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works; and
10 (e) ‘Construction of roads, harbours and port installations, including fishing harbours (projects not included in Annex I).
The MMO reviewed the submitted screening report and, in consultation with relevant bodies, issued their screening opinion which concluded that the project falls within Annex II to Council Directive 2011/92/EU (as amended) on the assessment of the effects of certain public and private projects on the environment and therefore constitutes development requiring an Environmental Impact Assessment. The MMO issued their screening and scoping opinion on 12 October 2021.
Full details of the MMOs decision can be viewed in the MMO Scoping Opinion.