Paragraph 37 Decommissioning of relevant landfall worksI1

England, Wales and Scotland

(1)

After a period of 24 years but before the expiration of a period of 25 years following completion of construction of the relevant landfall works, the undertaker must submit a report to the relevant planning authority detailing the following—

(a)

the extent of coastal retreat experienced following completion of construction;

(b)

whether any remedial works or mitigation measures to protect the relevant landfall works from coastal retreat have been required during this period, what these works comprised and an assessment of their impacts on coastal processes;

(c)

the length of the anticipated remaining operational lifespan of the authorised project;

(d)

the extent of the likely coastal retreat during the timeframe of the anticipated remaining operational lifespan of the authorised project and the likely need for, and nature of, any proposed remedial works or mitigation measures to protect the relevant landfall works from coastal retreat and an analysis of their predicted impact on coastal processes; and

(e)

any proposed remedial works or mitigation measures identified under sub-paragraph (d).

(2)

If it cannot be demonstrated to the reasonable satisfaction of the relevant planning authority that, taking into account any proposals for such remedial works or mitigation measures, the relevant landfall works will not have a significant impact on coastal processes then the relevant landfall works must be decommissioned in accordance with Requirement 30 (onshore decommissioning).

(3)

For the purposes of this requirement—

“the relevant landfall works” means Work No. 6, to the extent that the works are landward of mean low water springs, and Work No. 8.

Annotations

Commencement

I1: Sch. 1 Pt. 3 para. 37 in force at 22.4.2022, see art. 1(2)