North East File Collection - NEFC

Environment Agency - Devon and Cornwall**

*The consultee was asked for their comments on this case. They responded:

*Thank you for consulting us on the above marine licence application.

*Environment Agency position

*We have no objections to this proposal provided that conditions are included within any licence granted in respect of:

• *Implementation of Flood Risk Assessment (FRA);

• *Contaminated Land;

• *Timing of piling work; and

• *Dredging method.

*The suggested wording for these conditions is set out below, together with advice on flood and coastal risk management, contaminated land, biodiversity, fisheries, water framework directive (WFD), pollution prevention and waste management.

*Condition - Implementation of submitted FRA and ‘Proposed Site / Layout Plan’

*The development shall be carried out in accordance with:

• *the Flood Risk Assessment, produced by Ramboll (Document Reference: 15743-RAM-FD-SW-RP-EV-00015) on 17/11/2024 and

• *the ‘Proposed Site / Layout Plan’ document, produced by Ramboll (Document Reference: 15743-RAM-FD-SW-DR-CM-00003 REV S1-06) on 25/09/2023.

*As stated within the above Flood Risk Assessment the minimum finished deck level for all new development shall be set no lower than 5.33m AOD.

*The mitigation measures shall be fully implemented prior to first use and subsequently retained and maintained thereafter throughout the lifetime of the development.

*Reason: To reduce the risk of flooding to the development and future users over the lifetime of the development.

*Condition - Site Investigation and Remediation

*No development approved by this planning permission shall take place until a remediation strategy that includes the following components to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:

• *A preliminary risk assessment which has identified:

• *all previous uses

• *potential contaminants associated with those uses

• *a conceptual model of the site indicating sources, pathways and receptors

• *potentially unacceptable risks arising from contamination at the site.

• *A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

• *The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

• *A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

*Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

*Reasons: To ensure that the development does not contribute to, and is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 187 of the National Planning Policy Framework.

*Condition - Unsuspected Contamination

*If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted a remediation strategy to the local planning authority detailing how this unsuspected contamination shall be dealt with and obtained written approval from the local planning authority. The remediation strategy shall be implemented as approved.

*Reasons: To ensure that the development does not contribute to, and is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 187 of the National Planning Policy Framework.

*Condition - Timing of piling work

*No piling works shall take place in the estuary during the core sensitive period 1st April to 31st August.

*Reason: To protect Atlantic salmon, European eels and Sea trout during the core sensitive period. Atlantic salmon are listed as species of Principle Importance under Section 41 of the Natural Environments and Rural Communities (NERC) Act 2006. They are protected under the Conservation of Habitats and Species Regulation (2017) as amended.

*Recommendation: All percussive piling shall have a soft start up before full percussive piling takes place to ensure fauna, in particular fish, are able to move away before full percussive piling takes place.

*Condition - Dredging method

*Any dredging activities shall be undertaken using a back-hoe dredger in order to minimise the sediments suspended in the water column and reduce impacts on European eel. Any subsequent variations must be agreed in writing by the Environment Agency and the MMO.

*Reason: Backhoe dredging is accepted as being low impact to eel at all life stages unlike other dredging methods. European eels are protected under the Eel (England and Wales) Regulations 2009, therefore certain types of dredging require an exemption notice under the Eel Regs which may require screening at inlets and outflows of pumps and or suitable mitigation.

*Advice - Flood and Coastal Risk Management

*We have reviewed the Flood Risk Assessment, produced by Ramboll (Document Reference: 15743-RAM-FD-SW-RP-EV-00015) on 17/11/2024. We consider that it has adequately assessed the risks to the proposed development. We therefore consider that the proposed development will be acceptable in flooding terms provided that the minimum finished deck level for all new development shall be set no lower than 5.33m AOD and the development is built in accordance with the submitted ‘Proposed Site / Layout Plan’ document, produced by Ramboll (Document Reference: 15743-RAM-FD[1]SW-DR-CM-00003 REV S1-06) on 25/09/2023. We consider that the above condition will be sufficient to secure this mitigation.

*The Coastal Processes and Sediment Regime Report produced by Ramboll has confirmed that “The model predicts no maximum or minimum water level change greater than 1 mm, indicating no effect on habitat function or flood risk linked to the effect of the proposed development on tidal water levels”. Additionally, flood modelling indicates that the change in significant wave heights for the 1-year return period conditions at mean high water spring have a footprint that is broadly limited to the permitter of the development proposal. No change in wave height is indicated along the coastline or over intertidal areas. As such, we are satisfied that the proposal will not result in increased flood risk for surrounding areas.

*The proposed development is situated within Area 11, Policy Development Zone 5, Policy Unit 11.10 of the Shoreline Management Plan, which has a management intent of ‘Hold the Line’ (Local Activity Only). We consider that this development conforms with the area policy for the Shoreline Management Plan, and therefore raise no concerns to this development from a coastal erosion risk management perspective.

*Advice - Contaminated Land

*We have reviewed the Contaminated Land Desk Study prepared by Ramboll UK Limited (“Ramboll”) dated January 2025. The report identifies a moderate risk to controlled waters and other supplies and concerns. We suggest that intrusive ground investigation and risk assessment is carried out to confirm the level and severity of contamination across the site.

*We therefore consider that permission should only be granted for the proposed development as submitted if the above conditions are included within any permission granted. Without these conditions, the proposed development on this site poses an unacceptable risk to the environment and we would wish to object to the application.

*Advice - Biodiversity

*Given that the proposal lies within the Fal & Helford SAC, Natural England (NE) will take the lead on biodiversity issues. We have no objections to the application provided that NE are satisfied that the HRA has adequately assessed and mitigated the loss of habitat from the dredging activity within the Fal & Helford SAC.

*The BNG report states that the current calculated change is -46.96% and it is not possible for the proposed development to achieve this on-site. We note that options for offsite biodiversity offsetting are being sought in consultation with Cornwall Council. These should be agreed prior to the development commencing.

*Advice - Fisheries

*The River Fal is designated as a recovering salmon river (meaning a population is starting to re-establish after a period of absence) and a principal sea trout river (meaning there is a rod catch 50 individuals a year). The proposed development lies within the Atlantic Salmon and European Eel migratory route for the River Fal so it is important that the activities associated with the proposed development do not adversely impact on fish migration. The proposed development will therefore only be acceptable if the conditions outlined above are included, requiring works to be programmed to avoid sensitive times for migratory fish and to be undertaken using appropriate methods. Without these conditions we would object to the proposal because it cannot be guaranteed that the development will not result in significant harm to migratory fish.

*Advice - Water Framework Directive (WFD)

*We have reviewed the WFD assessment and do not have any concerns; it covers everything we would expect to see. The waterbody is at Good Ecological Status, so the focus of the assessment needs to be on no deterioration and mitigating any risks for activities that may cause deterioration. We are satisfied that the assessment considers these adequately.

The main concerns highlighted by the assessment are mobilisation of sediments and contaminants, and impacts on protected sites in the area and fish. With regard to fish, in Table 4-2b on page 31 where it states “Both have the potential to be present but the Fal is not a particularly important river for either species.” We take this opportunity to highlight that the River Fal is designated as a recovering salmon river (meaning a population is starting to re-establish after a period of absence) and a principal sea trout river (meaning there is a rod catch 50 individuals a year). Nevertheless, we consider that the conditions that we requested above should help prevent disturbance to any fish migrating up the Carrick Roads.

*For the potential impacts on habitats and protected sites, Natural England will take the lead as the proposed development lies wholly within the Fal & Helford Special Area of Conservation (SAC).

*Advice - Pollution prevention

*Safeguards need to be sought from the applicant to minimise detrimental effects to the water environment and the risks of pollution during the construction phase.

*Such safeguards should cover the use of plant and machinery, oils/chemicals and materials; the use and routing of heavy plant and vehicles; the location and form of work and storage areas and compounds and the control and removal of spoil and wastes.

*The Environment Agency can provide pollution prevention guidance: pmho1107bnkg-e-e.pdf. Further guidance is available at: Pollution prevention for businesses - GOV.UK

*The outline Construction Environment Management Plan (CEMP) seems a thorough document, but you may like to include a condition which requires the CEMP to be reviewed and signed off prior to any work commencing.

*Advice - Waste management

*The developer must apply the waste hierarchy as a priority order of prevention, re-use, recycling before considering other recovery or disposal options. Government guidance on the waste hierarchy in England can be found here:

*Waste hierarchy guidance

*Use of waste on-site

*As much material as possible should be re-used on site. If materials that are potentially waste are to be used on-site, the applicant will need to ensure they can comply with the exclusion from the Waste Framework Directive (WFD) (article 2(1) ©) for the use of, ‘uncontaminated soil and other naturally occurring material excavated in the course of construction activities, etc…’ in order for the material not to be considered as waste. Meeting these criteria will mean waste permitting requirements do not apply.

*Where the applicant cannot meet the criteria, they will be required to obtain the appropriate waste permit or exemption from us.

*The applicant is advised to contact our National Permitting Service on 03708 506 506 for further advice and to discuss the issues likely to be raised. Should a permit be required, they should be aware that there is no guarantee that it will be granted.

*Movement of waste off-site

*The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable to any off-site movements of wastes. The code of practice applies to you if you produce, carry, keep, dispose of, treat, import or have control of waste in England or Wales.

*The law requires anyone dealing with waste to keep it safe and make sure it’s dealt with responsibly and only given to businesses authorised to take it. The code of practice can be found here: Waste duty of care: code of practice (accessible version) - GOV.UK

*In order to meet the applicant’s objectives for the waste hierarchy and obligations under the duty of care, it is important that waste is properly classified. Some waste (e.g. wood and wood based products) may be either a hazardous or non-hazardous waste dependent upon whether or not they have had preservative treatments.

*Proper classification of the waste both ensures compliance and enables the correct onward handling and treatment to be applied. In the case of treated wood, it may require high temperature incineration in a directive compliant facility. More information on this can be found here: Classify different types of waste: your legal responsibilities - GOV.UK

*Informative - Environmental Permitting

*We have reviewed the report entitled “Best Practicable Environmental Option (BPEO) Assessment”. Included within the report is an assessment to determine the BPEO for the management and disposal of waste and dredge arisings. One of the potential disposal options identified involves disposal on land. This option, if chosen, may require an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2016. On this basis therefore the applicant is advised to contact our National Permitting Service for further advice: Get advice before you apply for an environmental permit - GOV.UK

*Please contact us again if you require any further advice.

*Yours sincerely

*SARAH SQUIRE

*Sustainable Places - Planning Advisor

*Direct dial 0208 474 6316

*Direct e-mail SPDC@environment-agency.gov.uk

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*The consultee was asked for their comments on this case. They responded:

*Thank you for your consultation dated 18 July 2025. Please find attached Natural England’s formal statutory response.

*The consultee included the following files with their response:

• ***MMO_Consultation_Response_Fal Docks MLA_2025_00157 519879 (1).pdf%%**%%

*The consultee was asked for their comments on this case. They responded:

*The Crown Estate is affected by the proposed works and landowner’s consent is required. The applicant is asked to liaise with our Managing Agent for the area: Michael Bapty of Carter Jonas on 01489 667840, mike.bapty@carterjonas.co.uk regarding landowner’s consent for the proposed activity.

*And

*The Crown Estate is affected by the proposed disposal activity and landowner’s consent is required. The applicant is requested to liaise with Mark Wrigley on 0207 851 5062, mark.wrigley@thecrownestate.co.uk regarding landowner’s consent for the proposed disposal activity.

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

*The consultee was asked for their comments on this case. They responded:

*Please find attached Historic England’s advice note

*The consultee included the following files with their response:

• ***PL00799418 Falmouth Docks Redevelopment HE advice on ML application 14082025.pdf%%**%%

*The consultee was asked for their comments on this case. They responded:

*Please find attached Cornwall IFCA’s response regarding MLA/2025/000157 - Falmouth Docks Development.

*The consultee included the following files with their response:

• ***MLA202500157_Falmouth_Docks_Development_Mr_D_Jones_Final.pdf%%**%%

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

*The consultee was asked for their comments on this case. They didn’t have any comments.

*The consultee was asked for their comments on this case. They responded:

*Dear Yvonne,

*Please see the attached advice regarding protected species.

*Please note I have not commented on the identified Marine Protected Areas, as none of these are listed for any current or proposed MMO management.

*Kind regards,

*Hope

*The consultee included the following files with their response:

• ***Consultation response MLA202500157.pdf%%**%%

*The consultee was asked for their comments on this case. They responded:

*Good afternoon Yvonne,

*Trinity House has no objections to this application.

*Consent is to be sought from Trinity House by Falmouth Dock and Engineering Company for any changes to aids to navigation.

*We will require the existing sets of 2 fixed vertical red lights to be relocated - one set to the end of the extension of Queen’s wharf and one set to the corner of the Northern and new Western wharfs.

*Many thanks.

*Kind regards,

*C. Bransby

*The consultee was asked for their comments on this case. They responded:

*Dear Yvonne,

*Thank you for the opportunity to comment on the Marine Licence application for Falmouth Docks Development. The UK Technical Services Navigation team of the Maritime and Coastguard Agency has reviewed the documents received and would like to comment as follows:

*We note that the works fall within the jurisdiction of a Statutory Harbour Authority (SHA) Falmouth Docks and Engineering Company and therefore they are responsible for the safety of navigation within their waters. 

*The MCA confirms we have no objections to a licence being granted on this occasion. This is on the understanding that all maritime safety legislation is adhered to, and that the following risk mitigation measures take place: 

*Conditions: 

*None

 *In addition, the following advice should be provided to the applicant to facilitate the proposed works:

*Advisories:

• *Bunding and/or storage facilities must be installed to contain and prevent the release of fuel, oils, and chemicals associated with plant, refuelling and construction equipment, into the marine environment.

• *The site is within port limits and the applicant is the SHA and is the responsible local navigation authority. They should follow the Potential Future Controls in the NRA.

• *Consider adopting the Ports & Facilities Marine Safety Code (PMSC), which sets out a national standard for every aspect of port marine safety. The Code is not mandatory, however it is endorsed by the UK Government, devolved administrations, and representatives from across the marine industry sector. It is applicable to both Statutory Harbour Authorities (SHA) and non-SHAs including marinas, terminals, marine berths, and jetties. The Department for Transport also publishes the PMSC Guide to Good Practice, which provides useful information and detailed guidance on the safe management of these facilities and is intended to supplement the Code. This can be found here: Ports and marine facilities safety code - GOV.UK

*The MCA has considered the relevant Marine Plan as part of its assessment of this application.  

*If you have any questions on this response, please let us know.

*Kind regards

*UK Technical Services Navigation

Hide full response

*The consultee was asked for their comments on this case. They responded:

*The RYA would like local clubs and recognised training centres to be kept informed of scheduled works to minimise impact on their activity. Location and contact details can be found at find.rya.org.uk

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

*The consultee was asked for their comments on this case. They didn’t have any comments.

*The consultee included the following files with their response:

• ***20250815 MLA202500157 Falmouth Docks ES Review UWN Advice FINAL.docx%%**%%
• ***20250818 MLA202500157 Falmouth Docks Development ES Review SEAL Advice_FINAL.docx%%**%%

*The consultee was asked for their comments on this case. They responded:

*Please find coastal processes advice attached here.

*The consultee included the following files with their response:

• ***20250823 MLA202500157 Falmouth Docks EIA CP advice_KCQC.docx%%**%%

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

*The consultee was asked for their comments on this case. They responded:

*Hi Yvonne

*Please find enclosed my benthic ecology advice to this request.

*All the best

*Stef

*The consultee included the following files with their response:

• ***20250804 MLA202500157 Falmouth Docks ES_Benthic Ecology_KCQC.docx%%**%%

*The consultee was asked for their comments on this case. They haven’t submitted a response yet.

Document Consultation Responses

Consulted on 15 July 2026. Responded on 13 August 2026.**

*The consultee was asked for their comments on these documents:

• ***20260714_Applicant-Comments-EA-Piling.pdf%%**%%
• ***FW_ MLA_2025_00157 - EA response - Piling Restrictions - Further Queries - Falmouth Docks.msg%%**%%

*They responded:

*Please enter your comments here.

*The consultee included the following files with their response:

• ***Response 07-08-2026.pdf%%**%%

Consulted on 28 April 2026. Responded on 20 May 2026.**

*The consultee was asked for their comments on Falmouth_SAC_AA_Addendum_April_2026.pdf . They responded:

*Dear Yvonne,

*Apologies for the delay in responding. Please find Natural England’s advice letter attached.

*Kind regards,

*Kate

*The consultee included the following files with their response:

• ***MMO_Consultation_Response_Fal Docks MLA_2025_00157 547218 20.05.26.pdf%%**%%

*The consultee was asked for their comments on ES_Vol1_Ch10_Commercial_Fisheries_and_Shellfisheries_02.pdf . They haven’t submitted a response yet.

*The consultee was asked for their comments on ES_Vol1_Ch10_Commercial_Fisheries_and_Shellfisheries_02.pdf . They responded:

*Good morning,

*Please see the attached advice in relation to shellfisheries.

*Kind regards

*Bella Voak (shellfish advisor)

*The consultee included the following files with their response:

• ***MLA202500157_Falmouth Docks Construction and Demolition of Infrastructure_Shellfish Advice_Final.docx%%**%%

*The consultee was asked for their comments on these documents:

• ***Falmouth_SAC_AA_Addendum_13102025.pdf%%**%%
• ***Falmouth_SPA_AA_Addendum.pdf%%**%%
• ***MLA202500157_Natural-England-questions-for-Cefas.docx%%**%%
• ***15743-RAM-FD-SW-RP-EV-00017_HRA.pdf%%**%%

*They responded:

*Please find my comments attached.

*The consultee included the following files with their response:

• ***20251124 MLA202500157 Falmouth Docks Development- Natural England further questions SEAL Advice FINAL.docx%%**%%

*The consultee was asked for their comments on these documents:

• ***Falmouth_SAC_AA_Addendum_13102025.pdf%%**%%
• ***Falmouth_SPA_AA_Addendum.pdf%%**%%
• ***MMO_Consultation_Response_Fal Docks MLA_2025_00157 519879 (1).pdf%%**%%

*They responded:

*Dear Yvonne,

*The response from Natural England was submitted via email on 20th November 2025. Please let me know if you require any further information.

*Kind regards,

*Esther Hughes

*Marine Higher Officer

*Devon Cornwall and Isles of Scilly Area Team

*Natural England

*The consultee was asked for their comments on ES_Vol1_Ch10_Commercial_Fisheries_and_Shellfisheries_02.pdf . They didn’t have any comments.

*The consultee was asked for their comments on ES_Vol1_Ch10_Commercial_Fisheries_and_Shellfisheries_02.pdf . They responded:

*Good afternoon,

*Please see the attached advice in relation to shellfish.

*Kind regards

*Bella Voak

*The consultee included the following files with their response:

• ***MLA202500157 Falmouth Docks Redevelopment_ Shellfish Advice_ Final.docx%%**%%