The Secretary of State for the Environment, Food and Rural Affairs gives notice under section 14(1)(b), (2A) (3A) and (3AA) of the Transport and Works Act 1992 (“the Act”) that he has determined under section 13(1) of the Act to make with modifications the Boston Barrier Order (“the Order”).

The Order was applied for by the Environment Agency, (“EA”) of Kingfisher House, Goldhay Way, Orton Goldhay, Peterborough, Cambridgeshire PE2 5ZR. The Order and deemed planning permission would authorise the construction and operation of a new tidal barrier with a moveable gate across the River Witham (also known in this location as the Haven) in Boston, Lincolnshire. The Order would also authorise the construction of a new building to enable operation of the barrier, new flood defence walls on both banks of the Haven, a replacement gate across the entrance to the existing Wet Dock at the Port of Boston and to execute ancillary works, including dredging of the river. The Order would confer powers on the Environment Agency to acquire, compulsorily or by agreement, land and rights in land and to use land for the purposes of the works. It would also confer other powers in connection with the construction, operation and maintenance of the works. Copies of the Order, once made, may be obtained from the Stationery Office or through booksellers.

The Secretary of State has, pursuant to section 14(1)(a) of the Act, given notice of his determination by way of a decision letter dated 30 November 2017, copies of which may be obtained from Defra, Nobel House, 17 Smith Square, Westminster, London, SW1P 3JR. That letter gives the reasons for the determination and the considerations upon which it is based; information about the public participation process; and information regarding the right to challenge the validity of the determination and the procedures for doing so.

The Secretary of State confirms that, before making this determination, he considered the environmental statement provided by the applicant and all objections and other representations relating to it, and that he otherwise complied with the obligations referred to in section 14(3A) of the Act. For the purposes of section 14(3AA), he confirms that the main measures to avoid, reduce and, if possible, remedy any major adverse environmental effects are those referred to in paragraphs 37-38 of the decision letter.

David Cooper, Deputy Director of the Flood and Coastal Erosion Risk Management Team, from Defra, Nobel House, 17 Smith Square, Westminster, London, SW1P 3JR