Harbours
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- Notice category:
- Environment
- Notice type:
- Harbours
- Publication date:
- Edition:
- The London Gazette
- Notice ID:
- 4878883
- Notice code:
- 1807
HARBOURS ACT 1964 (AS AMENDED)
THE PROPOSED FISHGUARD HARBOUR REVISION ORDER
NOTICE OF APPLICATION FOR A HARBOUR REVISION ORDER
1. NOTICE IS HEREBY GIVEN THAT the Fishguard and Rosslare Railways and Harbours Company ("the Company") has applied to the Welsh Ministers for a Harbour Revision Order (“HRO”) under section 14 of the Harbours Act 1964 ("the 1964 Act").
2. The proposed HRO would authorise the Company to construct and maintain works at Fishguard Harbour in the County of Pembrokeshire. The works comprise the reclamation of land and the construction of a linkspan which will replace existing facilities for ferries at the harbour. The HRO would also authorise the construction of subsidiary works and confers powers to dredge for the purposes of constructing and maintaining the works (“the Project”).
3. The Welsh Ministers decided in accordance with paragraph 4 of Part 1 of Schedule 3 to the 1964 Act that the application relates to a project which 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 (“the Directive”) being a construction of a port installation. The Welsh Ministers concluded that the Project is an Environmental Impact Assessment (EIA) application.
4. Since the Project is also subject to an application to Natural Resources Wales (“NRW”) for a Marine Licence in accordance with the Marine and Coastal Access Act 2009, the Welsh Ministers have given an EIA deferral direction under paragraph 20D of Part 1 of Schedule 3 to the 1964 Act which confirms the Welsh Ministers are satisfied that:
a. an assessment of the effects of the Project on the environment, or any activity to be carried out in the course of it, has been, is being or will be carried out by NRW under the Marine Works (Environmental Impact Assessment) Regulations 2007 (‘the Marine EIA regulations’).
b. The marine works assessment will be sufficient to meet the requirements of Section 1 of Part 1 of Schedule 3 of the 1964 Act, as follows:-
i. the preparation of an environmental statement by the Company;
ii. the carrying out of consultations about the likely significant effects of the Project on the environment;
iii. consideration of the information about the likely significant effects of the Project on the environment; and
iv. reaching a reasoned conclusion on the significant effects of the Project on the environment.
c. NRW will make the reasoned conclusion (and any information relating to that assessment that the Welsh Ministers may reasonably require) available to the Welsh Ministers for the purposes of determining the application for the proposed Order. The Welsh Ministers will give consideration to the reasoned conclusion when making a decision on the application for the HRO.
5. Due to the EIA deferral, Paragraph 16 of Schedule 3 to the Harbours Act 1964 does not apply to the application. This means that the Welsh Ministers do not need to undertake any additional publicity if the Project subject to the HRO application is likely to have significant effects on the environment in any other European Economic Area Member State.
6. Copies of the draft Order, the decision of the Welsh Ministers referred to in paragraph 3 above, the Environmental Statement and the plans and sections which accompanied the application may be inspected free of charge by appointment (telephone 01348 404425, email: ian.davies@stenaline.com) between the hours of 09:30 and 16:00 Monday to Friday (excluding Bank Holidays) at the offices of the Company at the address given at the end of this notice until the expiry of the forty-two day period specified below. Copies of the Environmental Statement may be obtained from the offices of the Company at the address given at the end of this notice at a charge of £100 for a hard copy and £5 on USB stick.
7. Any comments regarding the Environmental Statement or likely significant effects on the environment should be directed to NRW as part of the Marine Licensing process. The Marine Licence application will be published to NRW’s public register: https://publicregister.naturalresources.wales/
8. NRW can be contacted via e-mail: marinelicensing@naturalresourceswales.gov.uk
9. The final decision on the HRO cannot be made by the Welsh Ministers until NRW have completed their decision for the EIA on the Marine Licence.
10. The draft Order and accompanying information may also be viewed on the Welsh Ministers’ website at https://planningcasework.service.gov.wales/ - search for 03457
11. Planning and Environment Decisions Wales (“PEDW”) will appoint a Planning Inspector to consider the HRO application and make a recommendation to the Welsh Ministers, who will make the final decision. As the EIA is deferred to the Marine Licensing process, the Inspector will not consider the likely significant effects on the environment and the contents of the Environmental Statement.
12. Any person wishing to make an objection to the HRO application should write to PEDW, Welsh Government, Cathays Park, Cardiff CF10 3NQ, or email PEDW.infrastructure@gov.wales.
An objection or representation should:
i. be received no later than 25 June 2025;
ii. be made in writing quoting reference CAS-03457-C1Q0T7;
iii. state the grounds of the objection or representation;
iv. indicate who is making the objection or representation; and
v. provide contact details to allow PEDW to keep in touch regarding the examination of the HRO application.
13. Any objection or representation received by PEDW cannot be treated as confidential and will be passed to the Company as well as published to the planning casework portal, subject to GDPR checks and redactions where necessary. Objections and representations should refrain from including personal or sensitive information. PEDW’s privacy notice is available online: https://www.gov.wales/planning-casework-privacy-notice
14. Once the objection period has closed, the appointed Planning Inspector will determine the procedure by which the examination will proceed. Any objections duly made and not withdrawn will be considered before the Welsh Ministers make a final determination in respect of the HRO application.
Dated 14 May 2025
Ian Davies
Fishguard and Rosslare Railways and Harbours Company, Fishguard Port, Fishguard Harbour, Goodwick, Pembrokeshire SA64 0BU
Eversheds Sutherland (International) LLP
1 Wood Street, London EC2V 7WS
Solicitors and Parliamentary Agents