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On
27th August 1996 ABLE applied to the TDC (Teesside Development Corporation)
for planning permission to develop the former Laings shipyard/dry
dock into a state of the art recycling facility. ABLE renamed the
site TERRC (Teesside Environmental Reclamation & Recycling Centre)
which describes the objective.
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Included with the Planning Application was an Environmental Assessment
covering all intended activities which included to receive and recycling
marine structures together with a Regulation 48 Assessment in accordance
with the Habitats Directive (please see TERRC environmental information).
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When ABLE submitted the application, ABLE had included ships and
a list of various types of marine structures in the narrative but
the TDC suggested (and ABLE agreed to change) that the description
just state ‘Marine Structures’ as this would encompass
all types of marine structures including ships, platforms etc. This
was done as it covered the objective.
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On 6th May 1997 at Hartlepool Town Hall, a presentation was given
to an open audience, which included Statutory Consultees, Members
of Hartlepool Borough Council and Members of the Public, showing
the development and the potential receival and recycling of the
Brent Spar – this gained local support and approval.
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Planning permission was approved for all activities on the 1st October
1997.
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ABLE discussed and received confirmation from Hartlepool Borough
Council (HBC) that the planning permission covered ships delivering
cars in 1999. This was based on a large car delivery ship per day.
This contract was underway during 1999 and 2000 without any significant
disturbance to the local environment.
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ABLE
discussed and received written confirmation from HBC that the planning
permission did cover decommissioning of ships under ‘Marine
Structures’ in February 2003.
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ABLE have undertaken receival and recycling of marine structures
at TERRC every year since 1996 with no problems or complaints from
anyone, including HBC or Members of the Public.
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During the eight years of occupation there has been significant
monitoring of the local environment by third parties including Durham
University, INCA and various consultants. There has been NO significant
detrimental effect on the local environment due to activities at
TERRC.
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In the original planning permission there was a condition that human
activity could not be undertaken within 500 metres of the mudflats
to avoid disturbance to the birds feeding. After five years of operating
under a temporary permission that allowed such activities to be
undertaken whilst being monitored, it was proven and agreed that
the human activity had no significant detrimental effect on the
birds and seals, therefore, this condition could and was removed.
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In the original Planning Permission there was a condition with regard
to noise levels to avoid disturbance of birds feeding, after five
years of operating under a temporary permission which allowed such
activities to be undertaken whilst being monitored, it was agreed
that this condition could and was also removed as we had proven
that the noise from the activities on TERRC had no significant detrimental
effect on the birds and seals.
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Please see the “TERRC Environmental info page” for full
information relating to the environmental assessments etc undertaken
at TERRC.
PLANNING
FOR WORKS
On
the TERRC site there has been shipbuilding activities since 1913,
a dry dock since 1970 and decommissioning works on marine structures
since 1985 see “History on TERRC”.
TERRC
has additional permissions under planning approval 1997 and 2002.
PLANNING
FOR BUND “MAIN”
TERRC
has planning permission to “Enlarge and Refurbish the Dock”.
Approved by TDC 1997.
HBC
suggested that the gate is not covered under “Enlarge and Refurbish
the Dock”.
ABLE’s
legal advice confirmed that it was.
TERRC
has planning permission for “Laings Bund”. Approved by
TDC 1997.
HBC
say that the Bund Application is under dispute only because the Local
Authority cannot find a record of the Local Authority writing back
to ABLE confirming approval of the information that ABLE submitted
in 1998.
The
Local Authority never said that the information provided by ABLE was
not satisfactory.
The
Local Authority has been fully aware of all activities on TERRC since
1995.
The
Local Authority has never made any comment stating that they had a
problem with either the works or the activities on TERRC until they
were approached by FOE (Friends of the Earth) in July 2003.
JUDICIAL
REVIEW
There
were two Judicial Reviews;
