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The Planning Act 2008 Proposed Port Terminal at Former Tilbury Power The Planning Act 2008 Proposed Port Terminal at Former Tilbury Power Station Tilbury2 Examining Authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport Examining Authority Dr Mike Ebert, MSc, PhD, CEng, MICE, CMC, FIC, CITP; Panel Lead Paul Hudson, BA, MA, MSc, MRTPI, FRGS Max Wiltshire, BSc, MSc, CEng, MICE 20 November 2018 ERRATA SHEET – Tilbury2 - Ref TR03003 Examining authority’s Report of Findings and Conclusions and Recommendation to the Secretary of State for Transport, dated 20 November 2018 Corrections agreed by the Examining Authority prior to a decision being made Page No. Paragraph Error Correction 3 1.4.7 (USI: (USI): A10 2.1.1 450m 450 metres (m) 10 2.1.1 9km 9 kilometres (km) 37 4.3.12 “I” at end of Delete “I” paragraph 69 4.7.26 “hive” “give” 85 4.9.42 Delete underscore To read “is satisfied” after the word is 206 7.1.20 Delete underscore To read “Article 24” after article 236 Provision Formatting error in To read “Paragraph 133 Schedule 10 final paragraph (140) which deals with consents...” etc Insert in Appendix C Abbreviations or usage Reference Km Kilometre m metre N-deposition Nitrogen compounds deposition PPV Peak Particle Velocity OVERVIEW File Ref: TR030003 The application, dated 31 October 2017, was made under s37 of the Planning Act 2008 and was received in full by The Planning Inspectorate on 31 October 2017. The applicant is Port of Tilbury London Limited. The application was accepted for examination on 21 November 2017. The examination of the application began on 20 February 2018 and was completed on 20 August 2018. The proposed development includes a new roll-on/roll-off (Ro-Ro) port terminal with an estimated throughput in excess of 250,000 units per annum and a Construction Materials and Aggregates Terminal (CMAT), and is therefore a Nationally Significant Infrastructure Project (NSIP) as defined by s14(1)(j) and s24 of the Planning Act 2008 (PA2008). The proposed development also includes infrastructure associated with the two terminals, including: . creation of hard surfaced pavements; . associated dredging of berth pockets around the proposed and extended jetty and dredging of the approaches to these berth pockets; . new and improved conveyors; . erection of welfare buildings; . erection of a single 10,000 sqm warehouse; . a number of storage and production structures associated with the CMAT; . the construction of a new link road from Ferry Road to Fort Road; and . formation of a rail spur and sidings. Summary of Recommendation: The Examining Authority recommends that the Secretary of State should make the Order in the form attached. Tilbury2 – Proposed Port Terminal at Former Tilbury Power Station Case Ref: TR030003 REPORT: TO THE SECRETARY OF STATE: 20 November 2018 i REPORT TABLE OF CONTENTS 1. INTRODUCTION ........................................................................... 1 1.1. INTRODUCTION TO THE EXAMINATION ...................................................... 1 1.2. APPOINTMENT OF THE EXAMINING AUTHORITY .......................................... 2 1.3. THE PERSONS INVOLVED IN THE EXAMINATION ......................................... 2 1.4. THE EXAMINATION AND PROCEDURAL DECISIONS ..................................... 2 1.5. ENVIRONMENTAL IMPACT ASSESSMENT .................................................... 7 1.6. HABITATS REGULATIONS ASSESSMENT ..................................................... 7 1.7. UNDERTAKINGS, OBLIGATIONS AND AGREEMENTS .................................... 8 1.8. OTHER CONSENTS .................................................................................. 8 1.9. STRUCTURE OF THIS REPORT ................................................................... 9 2. THE SITE AND THE PROPOSAL ..................................................... 10 2.1. DESCRIPTION OF THE SITE .................................................................... 10 2.2. THE APPLICATION AS SUBMITTED ........................................................... 13 2.3. THE APPLICATION AS EXAMINED ............................................................ 14 2.4. RELEVANT PLANNING HISTORY ............................................................... 16 3. LEGAL AND POLICY CONTEXT ...................................................... 17 3.1. THE PLANNING ACT 2008 ....................................................................... 17 3.2. NATIONAL POLICY STATEMENTS ............................................................. 17 3.3. MARINE AND COASTAL ACCESS ACT 2009 ............................................... 18 3.4. EUROPEAN LAW AND RELATED UK REGULATIONS ..................................... 18 3.5. OTHER LEGAL PROVISIONS .................................................................... 20 3.6. MADE DEVELOPMENT CONSENT ORDERS ................................................. 21 3.7. TRANSBOUNDARY EFFECTS .................................................................... 21 3.8. THE NATIONAL PLANNING POLICY FRAMEWORK ....................................... 22 3.9. LOCAL IMPACT REPORTS ........................................................................ 22 3.10. THE DEVELOPMENT PLAN ....................................................................... 22 4. FINDINGS AND CONCLUSIONS IN RELATION TO THE MAIN ISSUES . 24 4.2. POLICY JUSTIFICATION FOR THE PROPOSED DEVELOPMENT ...................... 24 4.3. DREDGING ........................................................................................... 34 4.4. NAVIGATION ........................................................................................ 43 4.5. DESIGN ............................................................................................... 45 4.6. LAND-SIDE TRANSPORT ......................................................................... 49 4.7. LAND USE ............................................................................................ 64 4.8. LANDSCAPE AND VISUAL IMPACTS .......................................................... 70 4.9. HISTORIC ENVIRONMENT ...................................................................... 78 4.10. NOISE AND VIBRATION ......................................................................... 93 4.11. BIODIVERSITY, ECOLOGY AND NATURE CONSERVATION .......................... 105 4.12. CLIMATE CHANGE ADAPTATION ............................................................. 118 Tilbury2 – Proposed Port Terminal at Former Tilbury Power Station Case Ref: TR030003 REPORT: TO THE SECRETARY OF STATE: 20 November 2018 ii 4.13. FLOOD RISK AND HYDROLOGY .............................................................. 120 4.14. WATER QUALITY AND RESOURCES ......................................................... 127 4.15. SOCIO-ECONOMIC IMPACTS .................................................................. 133 4.16. CONSTRUCTION AND PILING ................................................................. 140 4.17. GROUND CONDITIONS AND CONTAMINATION ......................................... 143 4.18. WASTE MANAGEMENT........................................................................... 145 4.19. AIR QUALITY ....................................................................................... 148 4.20. POLLUTION CONTROL AND OTHER REGULATORY REGIMES ....................... 158 4.21. HEALTH .............................................................................................. 161 4.22. UTILITIES ........................................................................................... 163 4.23. CUMULATIVE IMPACTS WITH OTHER DEVELOPMENT PROPOSALS............... 163 5. FINDINGS AND CONCLUSIONS IN RELATION TO HABITATS REGULATIONS ASSESSMENT ...................................................... 171 5.1. INTRODUCTION, POLICY AND LEGISLATIVE CONTEXT .............................. 171 6. CONCLUSION ON THE CASE FOR DEVELOPMENT CONSENT ........... 190 6.1. INTRODUCTION ................................................................................... 190 6.2. FINDINGS AND CONCLUSIONS .............................................................. 190 6.3. THE DEVELOPMENT BALANCE ................................................................ 200 7. COMPULSORY ACQUISITION AND RELATED MATTERS .................. 203 7.1. INTRODUCTION ................................................................................... 203 7.2. WHAT THE PLANNING ACT REQUIRES ..................................................... 206 7.3. APPLICANT’S JUSTIFICATION FOR SEEKING POWERS OF ACQUISITION ...... 207 7.4. OBJECTIONS ....................................................................................... 214 7.5. THE PLANNING ACT TESTS .................................................................... 223 7.6. CONCLUSIONS ON THE CASE FOR POWERS OF CA AND TP ....................... 226 8. DRAFT DEVELOPMENT CONSENT ORDER AND RELATED MATTERS ... 228 8.1. INTRODUCTION ................................................................................... 228 8.2. THE DCO AS APPLIED FOR .................................................................... 228 8.3. CHANGES DURING THE EXAMINATION.................................................... 229 8.4. CONCLUSIONS ..................................................................................... 238 9. SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS ................ 239 9.1. THE CASE FOR DEVELOPMENT CONSENT ................................................ 239 9.2. COMPULSORY ACQUISITION AND TEMPORARY POSSESSION ..................... 239 9.3. DEVELOPMENT
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