Gourock HRO - Screening and Scoping Request - August 2023

Dear Lara,

  1. Thank you for your email of 23 May indicating that a harbour revision order (HRO) may be sought under the Harbours Act 1964 (the 1964 Act) on behalf of Caledonian Maritime Assets Limited (CMAL) regarding the planned redevelopment of Gourock Ferry Terminal, located in Gourock Harbour.

Harbours Act 1964

  1. As you will be aware, where Scottish Ministers are notified of a proposed HRO which authorises a project they are required in terms of paragraph 4 of Part 1 of Schedule 3 to the 1964 Act to decide:
  • Whether that application relates to a project which is of a type specified in Annex I or Annex II to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment as amended (“the EIA Directive”); and
  • If it relates to a project which is of a type specified in Annex II, whether taking into account the selection criteria, the project is a relevant project.
  1. Ministers are also required to decide whether the project is likely to have a significant effect on a European site and if so whether an appropriate assessment is required in terms of regulation 48 of the Conservation (Natural Habitats & Etc) Regulation 1994.
  1. Scottish Ministers have considered the characteristics of the project (as described and shown in the Screening Report) and have concluded that:
  • The application relates to a project which is not of a type specified in Annex I;
  • The application relates to a project which is of a type specified in paragraph 10(e) of Annex II to the EIA Directive, as the application relates to the construction of a port installation; and
  • Having regard to the selection criteria, it is a relevant project in terms of Schedule 3 to the 1964 Act.
  1. Accordingly, an Environmental Impact Assessment is not required in terms of the 1964 Act.

Scoping

  1. CMAL has requested a pre-application scoping opinion under paragraph 3 of Schedule 3 of the Harbours Act 1964. This letter comprises the requested scoping opinion. This scoping opinion is provided on behalf of Scottish Ministers.
  1. Scottish Ministers have consulted with the relevant environmental bodies about the extent of the information CMAL should supply. CMAL is asked to take into account the views provided by NatureScot, the Scottish Environment Protection Agency (SEPA) and Inverclyde Council outlined in the Annex A to this letter.

Conclusion

  1. We trust that you will be able to address any further matters before submitting your formal application for an HRO. It would of course be open to the consulting bodies to object to this application for consent if they still have concerns when the application is presented.
  1. I hope this is helpful. Please do not hesitate to contact me if you wish to discuss any aspect of this letter or the application process. 

Yours sincerely

Dario Dalla Costa

Ports Policy Advisor

Transport Scotland

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