Statement of Matters
These are the matters about which the First Secretary of State particularly wishes to be informed for the purposes of his consideration of the planning and listed building consent appeals:
a) The extent to which the proposals accord with the policies and proposals in the adopted development plan for the area;
b) the relationship of the proposals to Regional Planning Guidance in RPG6 and RPG9 and with the emerging Regional Planning Guidance;
c) if the proposals are not in accordance the development plan, whether the need for the development and benefits from it would nevertheless justify the grant of permissions;
d) the effect of the proposed development on existing amenities and infrastructure in the area;
e) the impact that the proposed development would have on the safety and free flow of traffic on the road network; the effect it would have on the public transport network; and the extent to which it would be consistent with national transport policies and the objective of promoting sustainable transport choices, as set out in PPG13 'Transport';
f) the extent to which the proposed development is consistent with national planning policies for industrial and commercial development, as set out in PPG4 'Industrial and Commercial Development and Small Firms';
g) the likely effects of the proposed development on the ecology of the area, including their potential impact on nature conservation interests, and the extent to which they are consistent with national policies on the conservation of the natural environment, as set out in PPG9 'Nature Conservation', and on development in coastal areas (PPG20 'Coastal Planning'). This includes the likely effects:
- on the Stour and Orwell Estuaries Special Protection Area ("SPA") and Ramsar site, and the Stour Estuary Site of Special Scientific Interest ("SSSI");
- of disturbance to wintering waterfowl and the implications for adjacent areas that are designated as Special Protection Areas;
- of disturbance to other species protected under EU and UK legislation, and
- of the cumulative impact of the proposed developments;
h) the impact that the proposed development would have on the amenity of local residents and businesses in respect of noise, vibration, pollution, lighting and visual intrusion, and on the appearance and character of the area;
i) the extent to which the proposed developments are consistent with national policies set out in PPG7 'The Countryside-Environmental Quality and Economic and Social Development and in particular the impact on the Suffolk Coast and Heaths Area of Outstanding Natural Beauty;
j) the effect of the proposed developments on the built heritage, including the impact on scheduled ancient monuments and listed buildings, having regard to the guidance in PPG15 'Planning and the Historic Environment' and PPG16 'Archaeology and Planning';
k) the effect of the proposed development on the character and appearance of the Dovercourt and Harwich Conservation Areas;
l) the impact of the proposed development on the prevailing ground conditions and groundwater, and the measures taken to remedy any existing and potential contamination of the site having regard to the advice in PPG23 on 'Planning and Pollution Control'; the proposals for the drainage of surface water from the site; and the extent to which the proposed development takes account of PPG25 on 'Development and Flood Risk';
m) the proposals for mitigating any adverse environmental effects referred to in items above, including:
- any measures to avoid, reduce or remedy any major adverse environmental impacts of the proposed works;
- any measures to avoid, reduce or remedy any other adverse environmental impacts likely to arise from the works; and
- whether, and if so to what extent, any adverse environmental impacts would still remain after the proposed mitigation measures had been put in place.
n) the conditions that would be applied to permissions for the proposed development, and in particular whether any such conditions meet the tests in DOE Circular 11/95 of being necessary, relevant, enforceable, precise and reasonable, and
o) the adequacy of the environmental statement submitted with the planning applications and whether statutory procedural requirements have been complied with.
These are the matters about which the First Secretary
of State particularly wishes to be informed for the purposes of his
consideration of the following appeal by Hutchinson Ports (UK) Limited
on behalf of Harwich International Port Ltd:
(03/01200/FUL) for the removal of vegetation and topsoil, construction
of seawall, associated borrow dyke system and wave breaks and managed
realignment of coastal flood defences by breaching of existing seawall
to create estuarine and coastal habitat comprised of approx. 76ha of
intertidal mudflat, approx. 19ha of intertidal mudflat/saltmarsh transition,
approx. 10 ha of saltmarsh, approx. 5ha of sand and shingle and approx.
7ha of fresh/brackish water, borrow dykes, together with associated
engineering, drainage and earth works (Appeal ref APP/P1560/A/03/1134582).
a) The extent to which the proposal accords with the policies and proposals in the adopted development plan for the area;
b) The relationship to the proposal to Regional Planning Guidance and with the emerging Regional Planning Guidance;
c) If the proposal is not in line with the Development Plan, whether the need for the development and benefits from it would nevertheless justify the grant of permission;
d) The extent to which the proposed development is consistent with national planning policies for the Countryside as set out in PPG 7: The Countryside;
e) The extent to which the proposed development is consistent with national planning policies for Nature Conservation as set out in PP9: Nature Conservation; This includes the likely effects on:
Hamford Water Site of Special Scientific Interest; Hamford Water Special Protection Area and Ramsar site;
Species protected under EU and UK legislation
f) The extent to which the proposed development is consistent with national planning policies for Archaeology as set out in PPG 16: Archaeology and Planning;
g) The extent to which the proposed development is consistent with national planning policies on coastal planning as set out in PPG 20: Coastal Planning;
h) The proposals for mitigating any adverse environmental effects, and whether and if so to what extent environmental impacts would still remain after the proposed mitigation measures had been put in place;
i) The conditions that would be applied to any permission for the proposed development and in particular whether any such conditions meet the tests in DOE circular 11/95 of being necessary, relevant, enforceable, precise and reasonable, and
j) The adequacy of the environmental statement submitted with the planning application and whether procedural requirements have been complied with.
It should be noted that while the above matters appear to the First Secretary of State, from the evidence so far available to him, to be the principal ones that need to be addressed, this statement does not preclude the inquiry Inspector from hearing evidence on any other matters that he may consider to be relevant to consideration of the applications. Neither does this statement pre-determine the order in which issues are to be addressed at the inquiry or imply any particular order of importance. Furthermore, the First Secretary of State reserves the right to add to or amend this statement once he has received any statements of case that are subsequently served by parties to the inquiry.
The Statement of Matters from the Secretary of State for Transport, in respect of the applications for Tidal Works, Coast Protection Act Consents, and the Harbour Revision Order are:
(a) The objectives of the proposals in the application and the justification for them;
(b) justification for the particular works described in the proposals;
(c) extent to which the proposals are consistent with national, regional and local planning and transport policies;
(d) likely effects of construction, dredging and operation of proposals on the Stour and Orwell Estuaries Special Protection Area and its constituent Sites of Special Scientific Interest;
(e) likely effects of construction and operation of the proposals on other environmental aspects, in particular;
- impacts on the marine environment, including fishing, flood defence and coastal processes;
- impacts on the landscape;
- impacts on the seawater quality;
- impacts on air quality and climate factors, including flood risk;
- impacts on noise and odour;
- impacts on material assets, including the architectural and archaeological heritage;
- impacts on traffic generation;
- impacts on the population, including employment;
(f) the extent to which proposals for mitigating any adverse environmental impacts are likely to be effective, including:
- any measures to prevent, reduce or remedy significant adverse environmental impacts of the proposals;
- any measures to prevent, reduce or remedy any other adverse environmental impacts of the proposals; and
- whether, and if so to what extent, any adverse environmental impacts would still remain after the proposed mitigation measures had been put in place;
(g) the likely effects of the construction and operation of the proposals on safety of navigation and shipping movements in and around the navigation channel;
(h) the likely effects on tourism and recreation;
(i) whether there is adequate information contained within the Environmental Statement to enable the Secretary of State to undertake an appropriate assessment under the habitats regulations, and, if not, what further information should be provided;
(j) whether the proposals are reasonably capable of attracting the necessary funding.
It should be noted that whilst the above matters appear to the Secretary of State for Transport, from the evidence so far available to him, to be the principal ones that need to be addressed, this statement does not preclude the inquiry Inspector from hearing evidence on any other matters that he may consider to be relevant to consideration of the applications: Neither does this statement pre-determine the order in which issues are to be addressed at the inquiry or imply any particular order of importance. Furthermore, the Secretary of State reserves the right to add to or amend this statement once he has received any statement of case that are subsequently served by parties to the inquiry.
