Select Committee on Agriculture Sixth Report


APPENDIX 35

Memorandum submitted by the Crown Estate (F56)

  Annex A: Use of Aggregates for Beach Replenishment

  Annex B: Licence and List of Licensees

  Annex C: The Year Graph of Statistics

THE CROWN ESTATE

  1.  The Crown Estate includes substantial blocks of urban property, primarily in London, almost 120,000 hectares of agricultural land and extensive marine holdings throughout the United Kingdom. Its origins go back to the reign of King Edward the Confessor and, until the accession of King George III, the Sovereign received its rents and profits. Since 1760 the annual surplus, after deducting management expenses, has been surrendered by the Sovereign to help Parliament meet the cost of civil government. In return, the Sovereign receives the Civil List.

  2.  The Crown Estate is not the property of the Government. Nor is it the Sovereign's private estate. It is part of the hereditary possessions of the Sovereign "in right of the Crown".

  3.  The Estate is managed under the provisions of the Crown Estate Act 1961 by the Crown Estate Commissioners who have a duty to maintain and enhance its capital value and the income obtained from it, but with due regard to the requirements of good management. The net annual surplus is paid to the Exchequer. In 1996-97 this was £104 million.

BACKGROUND

  4.  The Marine Estate includes about 55 per cent of the foreshore, the area between Mean High and Mean Low Water, together with practically the whole of the bed of the Territorial Sea out to the 12 mile limit. On the Continental Shelf, the rights to the natural resources are vested in the Commissioners. In all cases oil, coal and gas are excluded and the Crown Estate's rights are subject to the public rights of fishery and navigation.

  5.  As landowner, the Crown Estate is involved with flood and coastal defence:

    (b)  because material for "soft engineered" coastal defences, or beach nourishment schemes generally derives from the seabed in the ownership of the Crown Estate.

SEA WALLS AND BEACH NOURISHMENT SITES

  6.  The long standing policy of the Commissioners is to make tidal land freely available for flood and coast protection schemes. Consents are granted wherever necessary on the basis of a small nominal charge. Minor implications may arise from time to time as a result of rights granted by the Crown Estate (eg outfalls, pipelines, etc) but these are routinely resolved.

LICENSING OF MARINE AGGREGATES

  7.  The extraction of marine aggregates from the seabed requires consideration in much the same way as planning consents for land quarries. At present there is no statutory basis for consents. The Crown Estate Commissioners have undertaken that they will issue extraction licenses only on the basis of a favourable "Government View" and subject to all the conditions attached to the Government View. The Department of the Environment, Transport and the Regions (DETR), the Welsh Office or the Scottish Office, as appropriate, are responsible for granting permission to extract aggregates under the Government View Procedure. Environmental Statements, including hydrodynamic and sediment transport studies, are required for all applications and the Government View Procedure embraces all aspects of Environmental Impact Assessment (EIA) as required by EC Directive No. 85/337/EEC.

  8.  The Crown Estate Commissioners have for several years indicated preference for the introduction of a statutory system. In November 1995, the Government announced its intention to introduce a statutory planning system administered by the DETR; we understand this will now be dealt with as part of the implementation of the amended EIA Directive 97/11/EC. In the meantime DETR have put in place an "interim" (non-statutory) Government View Procedure which they will administer, modelled on the planning system on land. This will pave the way towards the statutory system required by EC Directive.

  9.  With regard to the issue of licences, the Commissioners' normal policy is to award licences in open competition. Public utilities and coast protection authorities may if they wish participate in bidding rounds, but the Commissioners have also informed MAFF, the Environment Agency and others that they will be prepared to issue special licences for specific needs on demand, subject to agreed terms and of course subject to a favourable Government View.

SUPPLY

  10.  With very few exceptions sand and gravel for beach replenishment have been supplied from existing Crown Estate licences. To our knowledge no flood defence or coast protection scheme has been cancelled or deferred because suitable materials are unavailable in the required quantity from existing licensed areas despite the current processes being "stretched" on occasions. For example at Happisburgh on the North Norfolk coast, substantial quantities, 770,000 tonnes, out of a total planned scheme of 2.6 million tonnes, were required at very short notice to repair storm drainage.

  11.  The largest nourishment scheme so far, the Lincshore Scheme between Skegness and Mablethorpe, will have used about eight million tonnes of sand over a three to four year period during the capital stage. All of this material came from one existing licence off North Norfolk. For this scheme the Environment Agency initially sought its own licence on the Race Bank and subsequently Docking Shoal. Following lengthy consultations over two to three years, particularly with MAFF and the fishing industry, these applications were not followed through because of difficulties over potential impacts on regional crab stocks in the case of the Race Bank, and the local shrimp fishery on the Docking Shoal. The only other case where a coast protection or flood defence authority has sought its own licence was the application by New Forest District Council for replenishment of Hurst Spit from the nearshore shingle bank. Delays in that case whilst fishing impacts were considered were substantial. Thus, although the Commissioners are prepared to grant licences to coast protection and flood defence authorities, this has not been the approach taken.

DEMAND

  12.  Quantities of marine aggregates used for beach replenishment are substantial; the graph and table in Annex A shows the demand over the last 10 years. It will be seen that the quantity required from year to year fluctuates significantly and at present prediction of demand is difficult. In recent years the general trend in demand has been upward, mainly from schemes on the east coast, south of the Humber and the south coast to the east of the Isle of Wight. As a broad generalisation, the east coast schemes have required sand for replenishment while those on the south coast have required coarser shingle.

  13.  Following experience with earlier schemes the Crown Estate, MAFF, the then NRA (now the EA) and others sponsored a research project by the Construction Industry Research and Information Association (CIRIA) on beach recharge materials. The work on demand and resources was carried out by a consortium led by the British Geological Survey and including HR Wallingford and Posford Duvivier.

  14.  The work culminated in CIRIA's Report No. 154 on "Beach Recharge Materials—Demand and Resources". The Report's conclusions (para 9.2 page 152) state that:

  The Report's summary (page 3) states that:

    "Resources of marine sand considerably exceed the total demand, and, even in areas outside those prospected by the aggregate industry, there are adequate potentially workable resources to meet the recharge demand in all three regions. Sources of shingle for beach recharge are more problematic; known gravel deposits outside areas prospected by the industry are generally thin". For comparison purposes, these recharge figures can be translated as between 46 to 94 million tonnes of shingle and between 58 and 133 million tonnes of sand over the next 20 years.

  15.  A complementary research project by CIRIA produced a Beach Management Manual (ReportNo. 153). The main aim of the project was to provide procedural guidance and set out best practice for the management of beaches characterised by non-cohesive sediments based on state-of-the-art knowledge and the result of recent research. This report includes a section (page 278, section 7.4.1) on "Selection of Grading" and an observation relevant to the issues of supply and demand. The report says:

    "A common and practical approach to specificaiton is to obtain size gradings from the various economically accessible sources and reflect those in the grading envelopes that are included in any specification. It is essential however to avoid insisting on adhering to a particular grading curve. If available sources simply do not match the design requirements, then the design approach will have to be modified".

RESERVES/RESOURCES

  16.  Seventy-eight commercial extraction licences currently exist in England and Wales. The holders of these licences are listed at Annex B. These licences contain at least 290 million tonnes of aggregates (60 : 40 shingle : sand). In addition, a further quantity of sand of at least the same order, possibly much larger, exists in these areas. Extraction of marine aggregates for all purposes over the last 10 years is shown at Annex C. There are currently 33 applications from the same companies for new licences either in preparation or already in the Government View Procedure. The total quantity of aggregates and sand in these areas is very similar to that already licensed. Prospecting has also identified a further 250 million tonnes of aggregates for which applications have not yet been made.

  17.  Proven reserves of aggregates are therefore in excess of 800 million tonnes. Sand is generally more abundant and usually readily available adjacent to flood defence or coast protection schemes. As noted above, CIRIA Report No. 154 concluded that the sand resources were not problematic, but on the forecast then made and the resource assessments at that time, felt that shingle resources needed specific action. It is noteworthy that since publication of the Report, in the area from Hastings westward, 130 million tonnes of gravel with sand have been found and at least 50 per cent of this will be shingle sized. None of this has yet been released through the Government View Procedure.

  18.  On present performance, it is probably true to say also that the demand forecasts, for construction aggregates both in the UK and abroad have not been fulfilled. At present actual take is running some 25 per cent behind forecast (50 per cent if only UK demand is considered).

CONCLUSIONS

  19.  We believe that the CIRIA Report's conclusions regarding sand have been vindicated notably by the successful completion of the Lincshore and Happisburgh Schemes. The assessment regarding shingle on the south coast may however be pessimistic; although beach nourishment demands are rising, demand in this area has not been as high as expected for construction. Materials to meet national aggregate requirements for construction purposes, and the export market, have generally not come under the pressure expected and our current assessment is that for the foreseeable future, a gentle and steady rise in demand for this purpose can be expected.

  20.  Since 1996 (when the CIRIA Report was published) significant new reserves have been identified (130 million tonnes on the south coast of which 65 million tonnes would represent shingle). Moreover new technology is beginning to allow access to reserves of marine aggregates previously considered too difficult or uneconomic to work and process.

  21.  However, specifications for schemes are extremely tight and often pay insufficient regard to the availability and grading of local seabed material. In particular, little attention has been paid to the recycling of inshore material (viz that lost from the beach itself). If this could be utilised, then competition with the construction industry would be avoided since extraction of material from the marine system, must meet extremely high environmental and coast protection criteria, whereas a balance of advantage approach, such as that taken in New Forest District Council's Hurst Spit Scheme, might be acceptable for coast protection schemes. To date very few schemes have been sourced in this way.

  22.  The Committee has sought the Commissioners' views on the question of additional legislation to provide for territorial extension of local authority powers below the low water mark and as far out as the twelve mile limit, to consolidate and possibly extend current dredging operations for coastal defence purposes. The Commissioners have consistently indicated that, as landowners, particularly in this sensitive public area, they will work within whatever system of planning and regulation Government requires. In this specific case, DETR have announced their intention to introduce a statutory planning system for marine aggregates in the near future. Moreover, for most coastal authorities, individual application or requirements might come their way only once in a decade or even more. It also needs to be recognised that the effects of marine extraction need to be considered on a very different basis to a local authority boundary. For example, the considerable quantity of material required for the Lincshore Scheme came from Area 107, which if local authority boundaries were extended, would fall within the responsibilities of North Norfolk.

  23.  As explained above, it is currently open to local authorities to seek licences for marine materials for coast defence purposes. Because of the timescale for obtaining a favourable Government View, only one licence has been issued in the recent past. Needs have on the other hand been adequately met from commercial licences, for which the material has been fully prospected and consent gained by the commercial sector. There is, as mentioned above, scope for further investigation into the possible use of in-shore materials but this is not a regulatory aspect rather an area where further scientific research needs to be undertaken.

  24.  DETR has developed considerable expertise on a national basis over the last several years and it is arguable that a national approach, but with full consultation with local authorities, as under the present system, remains the most suitable way to deal with this sensitive subject.

3 June 1998


 
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