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NAVIGATING INTERNATIONAL
REGULATORY WATERS
Greg Haigh - Arup, Global Maritime Business Leader
Julie Ascoop – Arup, Ireland Maritime Leader
Irish Ports Conference 2011
Greg Haigh
Arup, Global Maritime
Business Leader
Julie Ascoop
Arup, Ireland
Maritime Leader
Irish Ports Conference 2011
Aims
Some projects in Ireland have had difficulties with consents
Share our experience of other countries
Identify what lessons can be drawn
Consider how the consenting process might develop
Irish Ports Conference 2011
Contents
A Cornish Consenting Story
The current Irish Consenting process;
- Shannon LNG on the fast track
- Other project stuck in the slow lane
Marine consenting in the UK
Successful marine consenting in the
Netherlands
Marine consenting in other jurisdictions
How do we manage it better
Irish Ports Conference 2011
The Outcome?
Route Partnership
Save Our Seafront
The alternative proposal
Abolition of Penwith District Council
General election of 2010
Consent recommended subject to final
review by Secretary of State
Government funding crisis
EU funding jeopardised
“not good value for money”
Irish Ports Conference 2011
Current Irish consenting process
Shannon LNG:
Strategic Infrastructure Process
Pre application consultation with
ABP to establish if Strategic
Infrastructure Directive is
applicable
EIS Scoping meeting with ABP
Application submitted to ABP
6 week public review
Oral hearing
(RFI)
Decision within 20 weeks from
public review
Shannon LNG
Irish Ports Conference 2011
Current Irish consenting process
Shannon LNG:
Foreshore licence/lease timeline
Oct 2007: Pre-application consultation
meetings
Apr. 2008: Applications submitted
Nov. 2008: Instruction to advertise the
applications to the public
Jan. 2009: MLVC review of applications
and public submissions
Aug. 2009: Valuations received
Aug. 2009: Draft licence conditions received
July 2010: Draft licences received
Jan. 2011: Signed licences received
Shannon LNG
Irish Ports Conference 2011
Other projects stuck in the slow lane
Dublin Port Greystones Harbour
Doolin Pier Port of Cork – Proposed Container terminal at Ringaskiddy
Irish Ports Conference 2011
Dibden Bay Development
ABP - Dibden Bay
10 Years
£50 million
Application refused
Irish Ports Conference 2011
UK Legislation in the Coastal Zone
Irish Ports Conference 2011
The Dutch Experience
Huge impacts – how do they approve
these large projects?
Manmade environment
Structured approach to consultation?
State planning is possible
Not private ports in competition
Compensation area
(required by Dutch „Nature protection
law 1998‟)
Irish Ports Conference 2011
The Dutch ExperienceMaasvlakte 2
Developed by the Port of Rotterdam Authority
2000 hectares
4km breakwaters
25,000 hectares bottom protection area (Compensation)
Irish Ports Conference 2011
Maasvlakte 2, planning process
July 1997: Dutch government agrees to start procedure to solve the
spatial constraints in Rotterdam Mainport
Planologische Kern Beslissing (National Spatial Plan) (1998 – 2003)
- PKB1 + MER 12 weeks public review,
- PKB2 contains all the public input and shows their views and any
advice received.
- PKB3 De ministerraad now prepares PKB3 which will be put for
approval to the cabinet
- PKB4 The plan then needs to be approved by Senate
Appeal from 18 organisations on the impact of the PKB4. (2003)
Irish Ports Conference 2011
Maasvlakte 2, planning process
The Dutch High Court agrees that the procedure needs to re-start at
PKB3
PKB PMR agreed (2006)
- EIS and Local area plan agreed by City of Rotterdam Councillors
(2007)
- Public consultation (50 submissions)
- Review by independent EIA specialist comittee
- Further public consultation on local area plans, management
plans, licences etc.
Provincial Council approves the plans (2008)
Further public consultation on minor changes.
Irish Ports Conference 2011
North African Port
Green field port
15 x 400m container berths
Concession agreement
Environmental consent
Irish Ports Conference 2011
Why have a consenting process?
Control and enable development
Preventing adverse impacts on other parties
Restraining powers of individuals or single organisations
Reflect views of local community
Reflect regional and national priorities
Prevent unacceptably adverse impacts on environment
Compliance with treaty obligations
Problem: Too many, conflicting objectives
Irish Ports Conference 2011
John Donne (1572 – 1631)
“No man is an island, entire of itself”
Jeremy Bentham (1748 – 1832)
Felicific calculus
“the greatest happiness of the greatest number is the measure
of right and wrong”
Ove Arup (1896 -1988)
Key Speech – 1970
“Total architecture”
Irish Ports Conference 2011
What might we want to see?
Varies from country to country but .... you might see the basic
requirements as:
A transparent system
Clarity of requirements
A system with clear timescales
A system with an agreed frame of reference, such as a Marine
Spatial Plan
A system that is fair to both developers and stakeholders
Not open to misuse or abuse
Irish Ports Conference 2011
Sustainability
Why?
Mankind‟s power to alter his
environment
Depends on your perspective
and your situation
Evolving agenda
- once, ecology
- now, carbon
Political balance
Sustainability
a much abused word
Balance between:-
Economic imperatives
Societal benefits
Environmental impacts
Irish Ports Conference 2011
How do we manage the consenting process better? Do you want a project?
- A project without consent is useless
- Consenting is a major project function
- You must have local knowledge of the country
Where do you start?
- Developing your options
OR
- What do the stakeholders want your project to solve?
When do you start engagement?
- When we know what we are doing and have lots of answers
OR
- Right at the start
Irish Ports Conference 2011
What else can we do?
Influence future consenting processes
- National Roads Authority & IFA
- UK - Combined Consents
Acknowledge technological developments
- Power of e-mail, twitter, etc
Create the business environment
- Receptive to the industry
- „the public at large does not appreciate the role of ports in the economic
life of the country‟
- Allows you to manage the outcomes
- Stakeholders not objectors
Irish Ports Conference 2011
ConclusionConclusions
• Consenting regime varies between countries
• Driven by national priorities and interpretations of sustainability
• Not a new problem
• Basic requirements for the process
• No consent = no project
• Be brave - engage stakeholders early
• Create a better business environment
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