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Relevant Experience Marine and Transport

Marine and Transport

  • New Ferry Terminal: Advising and acting for a government department in connection with the construction of a new Ferry Terminal in a UK port  including, marine licensing, EIA deferrals and statutory harbour power related advice.
  • Harbour Revision and Harbour Empowerment Orders: Instructed in relation to eleven Harbour Order applications in 2020 (including drafting).
  • Logistics Park: Acting for Major Port on various property management matters at one of the largest logistics parks in Europe and the adjacent deep sea container port. Our work includes advice on landlord and tenant matters, acquisitions and disposals and development.
  • Common Transit Convention: Advising a major UK Port in respect of the impact of the Common Transit Convention and the provision of Office of Departure and Destination, as well as the Office of Transit functions following the end of the Transition Period for Brexit.
  • Marine Regulation: Reviewing and drafting new byelaws, harbour directions, general directions, and pilotage directions (including supporting statements) and assisting and advising on the correct process for bringing them into force.
  • Statutory Harbour Authorities: Acting for a number of harbour authorities, advising on regulatory matters, including harbour revision orders, statutory harbour powers, harbour directions, general directions, byelaws, prosecutions, pilotage, removal of vessels and wrecks and distrainment and sale for non-payment of harbour dues.
  • Windfarm Development: Acting for a major fishing industry organisation and concluding matters with RWE nPower in respect of a £10 billion windfarm development.
  • Dredging:  Advising in respect of issues associated with obtaining a marine licence to permit disposal of dredged material, where a European protected species was present in the dredge area, including the correct interpretation by the MMO of sections 9 and 10 of the Wildlife and Countryside Act 1981 in relation to the exercise of a statutory power to dredge. Successfully resolved issues with the MMO, resulting in marine licence being granted in accordance with the required timescales.
  • Terms and Conditions: Reviewing standard Terms and Conditions to apply to all services provided in the Port where no separate contract exists and advising on their interaction with statutory harbour powers, duties, and Pilotage.
  • Harbour Dues litigation: Advising and defending statutory harbour authority Clients in relation to challenges against harbour dues, including claims in restitution in Court and section 31 Harbours Act 1964 challenges (Department for Transport and the Planning Inspectorate).
  • Prosecutions: Successfully advising and assisting statutory harbour authority Clients relation to prosecutions for breaches of byelaws, directions and / or the Merchant Shipping Act (including representing our Clients in Court).

Coastal Development

  • New Ferry Terminal: Advising and acting for a government department in connection with the construction of a new Ferry Terminal in a UK port, including marine licensing, EIA deferrals and statutory harbour power related advice.
  • Harbour regeneration project: Advising in respect of a major mixed use coastal regeneration project, including the Harbour Empowerment/Revision Order, planning permission, marine licenses, other marine consents, and environmental consents.
  • Flood Defence Scheme: Acting and advising in respect of a large flood defence scheme within statutory harbour limits, including in relation to the Harbour Revision Order, the marine licence required to authorise the scheme and interaction with the terrestrial planning regime.
  • Royal National Lifeboat Institution (RNLI): Advising and acting for the RNLI in respect of the charity's marine licensing requirements for maintenance of all existing infrastructure across the UK (in excess of 240 sites). Successfully secured the grant of ground breaking  regional marine licences in England, Wales, and Scotland.
  • Multi-million pound coastal developments: Advising  in respect of planning permission, marine licences, other marine consents (including Wildlife Licensing), the Public Right of Navigation and EIA Regulation 10 Deferral connected to a number of multi-million pound coastal developments.
  • Harbour Regeneration Scheme: Advising on the terms of construction documentation for harbour regeneration scheme and new marina involving the installation of a wave gate, pontoons, and marina building. In addition, advising on matters related to the lease, a licence of the seabed from the Crown Estate and marine licensing.
  • Permitted Development: Advising statutory harbour authorities on the exercise of their permitted development rights on operational harbour land under Part 8 of Schedule 2 of the General Permitted Development Order 2015.
  • Loss of habitat in a Special Area of Conservation (SAC): Advising in connection with the enlargement of a piled Quay and a separate project relating to works to a Jetty. Including mitigation measures for works to an existing quay surrounded by sea grass and discharge of pre-commencement terrestrial planning conditions. Both matters involved consideration of the implications of the People Over Wind case. Successfully resolved issues, resulting in the marine licences being granted and conditions discharged in accordance with the required timescales.
  • Osprey Quay Marina, Weymouth (Olympics): Advising SWRDA on construction contract amendments and collateral warranties in relation to Osprey Quay Marina, Weymouth for the Olympics.
  • Marine Cable Installation: Advising a marine cable installation contractor in related to disputed variations under a FIDIC Yellow Book contract for termination and testing of 18 kilometres of core submarine cables in relation to an offshore windfarm.