North East File Collection - NEFC

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===== 260906Natural England EIR Request - Tees Maintenance Dredging Protocol Consultation =====

===== Summary =====

PD Ports have only consulted on the Maintenance Dredging Protocol in 2026 and as this consultation is considered to be still ongoing most of the request were refused.
===== Request =====

[[https://www.whatdotheyknow.com/request/tees_maintenance_dredging_protoc|6th September 2026]]

Dear Natural England,

I am writing on behalf of North East Marine Research Group to request environmental information under the Environmental Information Regulations (EIR) 2004 as follows.

PD Ports as the strategic harbour authority for the Port of Tees and Hartlepool. PD Ports as the competent authority are responsible to ensure that any dredging operations authorised by reason of the Statutory Harbour Authority’s duty under Act of Parliament are compliant with all necessary environmental regulations.

According to the Maintenance Dredging Protocol for England” PD Ports have to consult yourselves as set out in the Defra advice to Statutory Harbour Authorities as described during the introduction of Maintenance Dredging Protocol - 
  * Defra description of the Maintenance Dredging Protocol - [[https://webarchive.nationalarchives.gov.uk/ukgwa/20121006221628/http://archive.defra.gov.uk/wildlife-pets/wildlife/protect/bird-habitat/mdpe.htm|EU Birds: Maintenance Dredging Protocol for England]]
  * The Simplified Process Flow Diagram shows the necessary consultation and review steps - [[https://webarchive.nationalarchives.gov.uk/ukgwa/20121031094157mp_/http://archive.defra.gov.uk/wildlife-pets/wildlife/protect/documents/mdp-process.pdf|Simplified Process Flow Diagram]]

The Maintenance Dredge Protocol was introduced from 2010 onwards, and so PD Ports may have consulted anytime between 2010 and today on the Maintenance Dredging Protocol.

As I do not know when PD Ports consulted yourselves, I am only able to limit the date range to 2010 to the present day inclusive. However, I only require information which is part of a direct request from PD Ports to yourselves on the River Tees and Hartlepool Maintenance Dredging Protocol. I do not require information you have supplied to the Marine Management Organisation as part of the licencing of either capital dredging or disposal of dredge arisings at sea.

==== EIR Requests: ====
  - Please confirm that PD Ports has consulted yourselves directly on the Port of Tees and Hartlepool Maintenance Dredging Protocol and the years of these consultations.
  - Please provide all information, including advice, correspondence, other communications, and meeting minutes related to PD Ports on the original Maintenance Dredging Protocol you were consulted on.
  - Please provide all information, including advice, correspondence, other communications, and meeting minutes related to PD Port on the most recent Maintenance Dredging protocol you have been consulted on.

Please respond within the 20-working-day statutory limit.

===== Response =====

21 September 2026

**Access to Information Request – Request no EIR2026/11777**

Thank you for your request for information, which we received on 06 September 2026.

Your request has been considered under the Environmental Information Regulations 2004 (**the EIRs**).

You asked for the following information (text in bold below). Please find below our response to each of your questions below which  is  part  of  a  direct  request  from  PD  Ports  to yourselves on the River Tees and Hartlepool Maintenance Dredging Protocol.

**1.   Please confirm that PD Ports has consulted yourselves directly on the Port of Tees and Hartlepool Maintenance Dredging Protocol and the years of these consultations.**

PD ports consulted Natural England in 2026.

**2.  Please provide all information, including advice, correspondence, other communications, and meeting minutes related to PD Ports on the original Maintenance Dredging Protocol you were consulted on.**

Natural England  can confirm that we do not hold any information relating to the PD Ports consultations prior to 2026. Under Regulation 12(4)(a) of the Environmental Information Regulations 2004 (EIR), I can confirm that the information requested is not held by Natural England. Accordingly, under Regulation 14(1) of the EIR, this response constitutes a formal refusal notice.

**3. Please provide all information, including advice, correspondence, other communications, and meeting minutes related to PD Port on the most recent Maintenance Dredging protocol you have been consulted on.**

**4. Please also provide information on any revisions as a reviewer of the Maintenance Dredging Protocols you have required PD Ports to carry out.**

In response to Questions 3 and 4, advice from Natural England is currently being developed through our ongoing Discretionary Advice Service (DAS).

As this process is still underway, the information held is being withheld under Regulation 12(5)(d) of the Environmental Information Regulations 2004, which relates to the confidentiality of proceedings. The reasons for applying this exception are set out below.

Please  note any disclosure  made  under  the  Regulations is  in effect  a  disclosure  to the world  at  large,  as  any  other  applicant  would  be  entitled  to  the  same  information  on request. As such we take this into  consideration when making any decisions as to whether it is in the public interest to disclose or withhold requested information.

**Regulation 12(5)(d) – Confidentiality of Proceedings**

In Regulation 12(5)(d) of the EIR Regulations “…a public authority may refuse to disclose information to the extent that its disclosure would adversely affect Material in the course of completion, unfinished documents and incomplete data”.  

The information held by Natural England relates to correspondence, advice and discussions provided through Natural England’s Discretionary Advice Service (DAS) concerning the Maintenance Dredging protocol consultation with PD Ports. 

Natural England considers that these matters form part of an ongoing and confidential decision-making process. The purpose of the DAS process is to enable applicants and Natural England to engage in detailed technical discussions before any formal application or final decision is made. The effectiveness of this process depends upon participants being able to exchange information, seek advice, explore options and discuss developing proposals in confidence. 

The confidentiality of these proceedings is provided by law and arises from the common law duty of confidence attaching to information shared as part of this private advisory process. The information was provided and exchanged with the reasonable expectation that discussions would remain confidential whilst the matter was under active consideration. Disclosure would undermine that expectation and adversely affect the confidentiality of the proceedings. 

**Public Interest Test** 

Natural England recognises the public interest in transparency and accountability in environmental decision-making and in understanding the advice provided in relation to development proposals. 

However, there is a stronger public interest in maintaining the confidentiality of the Discretionary Advice Service (DAS) process. The requested information forms part of ongoing and confidential discussions relating to a proposed development. Effective engagement through the DAS relies on applicants and Natural England being able to exchange information and discuss issues openly and candidly. 

Disclosure of this information would undermine the confidentiality of those proceedings and could discourage parties from engaging fully and frankly with Natural England in future. This would be likely to harm the effectiveness of the advice process and prejudice Natural England's ability to carry out its functions effectively. 

Natural England therefore considers that the public interest in protecting the confidentiality and integrity of the ongoing advisory process outweighs the public interest in disclosure. Accordingly, the public interest favours maintaining the exception under Regulation 12(5)(d). 

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