Maritime & Coastguard Agency
"In response to the letter received from Halite Energy Group regarding the Preesall Underground Gas Storage Facility the MCA confirm that the conditions contained in our letter of the 13th June 2011, see attached, remain extant and appropriate with the addition of the following condition; The developer must ensure that 'the works' do not encroach on any recognised anchorage, either charted or noted in nautical publications, within the proposed consent area. Proposed Preesall Saltfield Underground Gas Storage Facility Thank you for your letter dated 10th May 2011 in which you invited MCA to comment on the proposed application for the Preesall Underground Gas Storage facility. We have considered the information provided and it can be noted that the works are unlikely to have an adverse impact with regards to the safety of navigation provided the conditions below are applied to this development. Please note that these conditions only apply to the cables/pipelines crossing the river and salt water outfall as described in the project plan. We would however, only confirm these conditions once we have sighted the appropriate Marine Licence application from the Marine Management Organisation or as appropriate: 1. A copy of this consent must be given to each contractor appointed to carry out part or all of ‘the works’ in order that they are clear about the extent of ‘the works’ for which consent has been given and the conditions that are attached to the consent. 2. The Consent Holder should ensure appropriate steps are taken to minimise damage to the beach/foreshore/river bank by the works. 3. The Consent Holder should ensure that any equipment, temporary works and/or debris associated with the works are removed from the foreshore upon completion of the works. 4. The Consent Holder should ensure the best method of practice is used to minimise re-suspension of sediment during these works. 5. The Consent Holder should ensure suitable bunding, storage facilities are employed to prevent the release of fuel oils, lubricating fluids associated with the plant and equipment into the marine environment. SUPPORTING 6. The Consent Holder must ensure the beach/foreshore/riverbank is returned to the original profile following the completion of the works. 7. The Consent Holder should ensure the local mariner’s and fishermen's organisations are notified. 8. The Consent Holder should notify the UK Hydrographic Office to permit the promulgation of maritime safety information and updating of nautical publications. 9. The works shall be maintained at all times in good repair. 10. The works should be removed from below the level of mean high water springs within one month of notice being given by the Secretary of State at any time he considers this necessary or advisable for the safety of navigation, and not replaced without further consent by the Secretary of State. 11. No radio beacon or radar beacon operating in the Marine frequency bands shall be installed or used on the works without prior written approval by the Secretary of State. 12. If in the opinion of the Secretary of State the assistance of a Government Department, including the broadcast of navigational warnings, is required in connection with the works or to deal with any emergency arising from the failure to mark and light the works as required by the consent or to maintain the works in good order or from the drifting or wreck of the works, the owner of the works shall be liable for any expense incurred in securing such assistance. 13. Officers of the MCA, or any other person authorised by the Secretary of State, should be permitted to inspect the works at any reasonable time. 14. The site is within port limits and the responsible local navigation authority, in close consultation with the Harbour Commissioners where appropriate, may wish to issue local warnings to alert those navigating in the vicinity to the presence of the works during the construction. Additionally, they may need to review their Port Marine Safety Code risk assessments. 15. The matter is an issue for the local harbour authority with conservancy responsibilities. They have the responsibility within their port limits for ensuring their harbour is fit for use by, for example, not permitting the spoil to foul navigable channels thus assuring the safety of navigation. 16. Vessels to comply with the International Regulations for Preventing Collisions at Sea, 1972 (COLREGs) – as amended, particularly with respect to the display of lights, shapes and signals. 17. The works should be marked and lighted in accordance with the requirements of the General Lighthouse Authority in this case Trinity House Lighthouse Service. 18. Any jack up barges/vessels utilised during the works, when jacked up, should exhibit signals in accordance with the UK Standard Marking Schedule for Offshore Installations. The developers must also consult with the local Harbour / Navigation Authority, who has jurisdiction over the area, and under the Port Marine Safety Code the following will apply: From the Guide to Good Practice, section 6 Conservancy, a Harbour Authority has a duty to conserve the harbour so that it is fit for use as a port, and a duty of reasonable care to see that the harbour is in a fit condition for a vessel to use it. Section 6.7 Regulating harbour works covers this in more detail and have copied the extract below from the Guide to Good Practice. 6.7 Regulating harbour works 6.7.1 Some harbour authorities have the powers to license works where they extend below the high watermark, and are thus liable to have an effect on navigation. Such powers do not, however, usually extend to developments on the foreshore. 6.7.2 Some harbour authorities are statutory consultees for planning applications, as a function of owning the seabed, and thus being the adjacent landowner. Where this is not the case, harbour authorities should be alert to developments on shore that could adversely affect the safety of navigation. Where necessary, consideration should be given to requiring the planning applicants to conduct a risk assessment in order to establish that the safety of navigation is not about to be put at risk. Examples of where navigation could be so affected include: • high constructions, which inhibit line of sight of microwave transmissions, or the performance of port radar, or interfere with the line of sight of aids to navigation; • high constructions, which potentially affect wind patterns; and • lighting of a shore development in such a manner that the night vision of mariners is impeded, or that navigation lights, either ashore and onboard vessels are masked, or made less conspicuous. There is a British Standards Institution publication on Road Lighting, BS5489. Part 8 relates to a code of practice for lighting which may affect the safe use of aerodromes, railways, harbours and navigable Inland waterways."