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Metropolitan Borough of Wirral Environment And METROPOLITAN BOROUGH OF WIRRAL ENVIRONMENT AND TRANSPORTATION SELECT COMMITTEE 1ST AUGUST 2005 CABINET – 3RD AUGUST 2005 REPORT OF THE DEPUTY CHIEF EXECUTIVE/DIRECTOR OF CORPORATE SERVICES PORT OF MOSTYN – CONSULTATION BY THE ENVIRONMENT AGENCY, DEPARTMENT OF TRANSPORT AND WELSH ASSEMBLY GOVERNMENT – JULY 2005 1. Executive Summary 1.1 This report outlines a consultation issued in July jointly by the Environment Agency, Department for Transport and Welsh Assembly Government which proposes a response to applications by the Port of Mostyn to carry out dredging and disposal operations in the Dee Estuary. The consultation proposes that a temporary consent of 2 years be granted to carry out dredging (and disposal) to a depth of two metres. The proposed consent is for less extensive dredging than the Port of Mostyn applied for, but potentially deep enough to facilitate the on-going transhipment of Airbus A380 wings through the Port. 1.2 The consultation documentation requires that responses should be returned to the Welsh Assembly by Thursday 4th August. The report recommends that subject to the comments raised in Section 4 the course of action proposed by the Regulators be supported in principle, but that in view of the short time available for consultation the Council reserves the right to make further submissions if deemed necessary. In addition it is recommended that the Deputy Chief Executive/Director of Corporate Services be given delegated authority to make further representations relating to these matters should this be necessary to safeguard Wirral’s interests. 2. Background 2.1 Members will be aware that the Dee Estuary is protected by designations under the EU Wild Birds Directive as a Special Protection Area (SPA) and is a potential Special Area of Conservation (pSAC) under the EU Habitats Directive (although the latter designation has yet to be notified to the European Commission, UK Government policy is that such sites should be treated as if the designation process had been completed). The protection resulting from these designations is provided by the 1994 Habitats Regulations. In addition the Dee is designated as a Site of Special Scientific Interest (SSSI) and a Ramsar site. 2.2 The Environment Agency (EA), Department for Transport (DfT) and the Welsh Assembly Government (WAG) (“the Regulators”) have been considering a series of applications for consents made over the past 4 years by the Port of Mostyn (PoM) that would allow it to undertake dredging operations in its inner approach channel in the Dee Estuary and to dispose of dredged material in the area of the Estuary known as the Mostyn Deep. These applications have been made in order to enable development of its port business, including the now discontinued P&O ro-ro ferry operation to Dublin and the ongoing transhipment of Airbus A380 wings from Broughton to Toulouse. The applications were intended to allow the creation of an approach channel to Mostyn with an “advertised depth” of 3.0m. This would require dredging to depths of up to 4m to allow for accretion between dredging operations and involve up to 400,000 cubic metres of material. Wirral’s role in the process is mainly that of consultee, although it also owns a significant proportion of the eastern Estuary. 2.3 Before consents within the Estuary can be granted, the Habitats Directive requires the Regulators to be satisfied, beyond reasonable scientific doubt, that the proposed activity would not adversely affect the integrity of the European protected sites. In relation to the applications submitted by PoM, Initial work, completed in March 2004 was inconclusive on this issue and following the precautionary principle, the consents were not granted. The main concern was that the proposed operations might cause a net loss of sediment from the Estuary, changing the hydraulic regimes and increasing erosion. This could reduce the inter-tidal area and impact on the benthic ecosystems (eg cockles) used by migratory birds for feeding, which could potentially have adverse effects on the features of the European sites. Members may recall that this decision generated considerable publicity at the time, centred around a perceived threat to the long-term future of the Airbus A380 programme. 2.4 Subsequently, further work was commissioned by the PoM on detailed modelling and analysis of the Estuary, which was passed to the Regulators in the form of a series of reports. In parallel, the Regulators and their advisors (English Nature and the Countryside Council for Wales) undertook their own work in accordance with the requirements of the Habitats Directive to: (a) evaluate whether there are alternative solutions (to those proposed by Mostyn) to meet the objectives of the project, (b) should no alternative solutions be found a case could be made for consent on the grounds of overriding public interest (c) to better understand the morphology and ecology of the Estuary 2.5 The Regulators have reached preliminary conclusions on this work and are seeking views on a consultation paper that summarises the main findings of the studies undertaken. 3.0 The Consultation Paper 3.1 In order to grant consent for the proposed project, the Habitats Directive requires the regulators to determine either that the proposed operations will have no adverse effect on the integrity on the SPA/pSAC, or that there are no alternative solutions to the proposed operations and that they must be carried out for imperative reasons of over-riding public interest. If consent is granted on the latter basis, then compensatory measures must be secured in respect of any adverse effects identified. Adverse Effect 3.2 The first stage of the exercise therefore required consideration of whether there would be an adverse effect on the integrity of the Dee Estuary from the proposed dredging activity. As identified above, preliminary assessments in March 2004 were inconclusive. Where there is such uncertainty, EU law requires the adoption of a precautionary approach. 3.3 In these circumstances, where adverse effects on site integrity could not be ruled out, consideration turned to the issue of whether there were any alternative approaches (to the dredging and deposition proposed by Mostyn) to delivering the objectives of the PoM. This focused particularly whether some or all of the current shipping activity could be transferred to other ports. Alternative Solutions 3.4 While general cargo could be potentially transferred to other ports such as Holyhead, the movement of wings for the A380 is potentially more difficult. Each wing is more than 45m in length and with it’s shipping jig weighs some 100,500 kg. At present the wings are moved from Broughton to Mostyn on a specially constructed shallow draft barge (the Afon Dyfrdwy) designed to negotiate the low bridges and sandbanks on the canalised and inner Dee Estuary. This vessel has limited seaworthiness in poor weather and could not carry the wings beyond the sheltered confines of the Estuary except in very calm weather. Because of this the wings are transferred at Mostyn to a purpose built seagoing ro-ro vessel (the Ville de Bordeaux), which also collects A380 fuselage and tailplane components from Hamburg and Cadiz before arriving at Toulouse. 3.5 Delivery timescales of all these parts are critical to an effective manufacturing process at Toulouse. The Ville de Bordeaux requires a minimum water depth of 8.5m for safe navigation. High tide levels in the approaches to Mostyn and the berthing area of the port are currently less than this value on more than 35% of tides. The ship can therefore only access the port at high water around spring tide periods unless the inner approach channel to the port is maintained by dredging. A channel with a minimum depth of around 1.5m below chart datum is needed to allow the ship to access the port at high water on around 90% of tides. 3.6 A report summarising the assessment of alternative methods of transport was prepared by an independent transport expert at Cardiff University. The findings of this study were as follows: · There are alternative solutions for the practical delivery of the Port of Mostyn’s services at other port locations, apart from the shipment of A380 wings · Air, road or rail is not a practicable option for the transport of A380 wings · Transhipment by tug-barge of shallow draft coastal vessel to facilities on the Mersey does not offer practicable short-term option for the export of A380 wings · That since there are no practically accessible alternatives, the facilities at Mostyn are essential for the export of A380 wings. · In the longer term, a combination of the existing two vessels, plus an additional shallow draft sea-going barge (which could transfer the wings to another port such as Liverpool) offers a practicable option which would reduce dredging requirements and mean that the Ville de Bordeaux would not have to load wings at Mostyn. The availability of this option in future is subject to the additional sea- going barge being commissioned, which is a judgement for Airbus based on their view of commercial risk. Until then however, it will be necessary for the Ville de Bordeaux to continue to use Mostyn and for adequate depths to be available for safe navigation in the approach channels. Alternative dredge and disposal options 3.7 In parallel with assessment of the transport alternatives, the Regulators continued to work with the Port of Mostyn to improve understanding of the behaviour of the Estuary, including the development of a computer- based predictive model which has been used to examine a range of dredging scenarios – depths of 3.5m, 2m and 1.5m. This work suggested that a reduced dredge depth of 2m may have reduced impacts on the Estuary.
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