Representation by National Trust (National Trust)
- Date submitted
- 20 June 2024
- Submitted by
- Members of the public/businesses
The National Trust (the Trust) wishes to register as an interested party in respect of the application for a Development Consent Order for the Five Estuaries Offshore Windfarm. National Trust’s Interest in the Proposal The National Trust’s interest in this application relates to the Applicant’s Habitats Regulations Assessment and the proposed derogation case for lesser black-backed gull (LBBG) in relation to the Alde-Ore Estuary (AOE) Special Protection Area (SPA) as set out in submitted document APP-052 - Report 5.6, Lesser Black-Backed Gull Implementation and Monitoring Plan (LIMP). It is noted that the mechanism for securing the LBBG compensation is set out in Schedule 14 of the draft Development Consent Order (APP-024). Renewable Energy Development The Trust believes strongly in the need to grow renewable energy and reduce the UK’s and the Trust’s use of fossil fuels. We are supportive of renewable energy as a matter of principle and believe that appropriate development can play an important role. The Trust is aware of the significant number of developments proposed for the East Anglian coast over the next few years many of which relate to renewable energy schemes. We will welcome renewable schemes that are holistically designed to consider the effects on the environment including wildlife, landscape and cultural heritage including the cumulative effects of similar schemes impacting related species and landscapes. The Trust notes that assessments carried out to support the proposed Five Estuaries offshore windfarm have identified that the proposal, in combination with other projects, will have an adverse impact on Lesser Black-Backed Gulls, and in accordance with the Habitat Regulations, compensatory measures are required for the predicted losses. The Trust does not object to the principle of the proposed Five Estuaries Offshore Windfarm Project. However, we do not support proposals that would give rise to an adverse effect on the integrity of the lesser black backed gull feature of the Alde-Ore Estuary (SPA) without a satisfactory derogation case. Proposed LBBG Compensation The proposed compensation measures for LBBG, as set out in the abovementioned Lesser Black-Backed Gull Implementation and Monitoring Plan (LIMP) are: Orford Ness (AOE SPA) • Predator exclusion fencing • Predator monitoring and control • Habitat restoration and management. OR Outer Trial Bank • Predator monitoring and eradication • Habitat management. The National Trust owns part (but not all) of the compensation site identified at Orford Ness. At the time of writing, the Applicant has not arranged to access National Trust land to survey the site in detail to assess suitability for compensatory measures. Following submission of the DCO application, the National Trust has had an initial discussion with the Applicant about the nature and location of the proposal. However, there are complexities with access to, and rights over the land. The exact position of the predator exclusion fence isn’t clear from the site plan. The Trust owns and wishes to retain an existing access track along the eastern side of the red line plan. The Applicant advised the Trust that they had included the track as an access route onto the site based on 30year old information that vehicles could traverse along the track South from Aldeburgh. Coastal change and frequent shifting of the shingle in this location has meant that this route has been impassable to vehicles for many years, however as the only overland connection to the mainland it remains an important emergency transit route of last resort for pedestrians and as such must remain unobstructed. The National Trust is not yet able to advise whether it would support compensatory proposals in the general proposed location however we do not support the site as drawn given the need to retain access over the track. The National Trust is facilitating the delivery of mitigation for the Galloper offshore windfarm on the Southern spit of Orford Ness approximately 4.5km from the proposed Five Estuaries compensation site. This scheme co-designed with Natural England and carried out directly by the National Trust team is in its third year and is demonstrating successful growth in the target species. The National Trust is aware that a neighbouring landowner is facilitating the delivery of compensation measures for the impacts of Vattenfall’s Norfolk Boreas and Vanguard offshore windfarms on LBBGs in a location directly adjacent to the Five Estuaries proposed site and that in its second year of delivery this project has yet to demonstrate any signs of success. We are also aware that the proposed North Falls Offshore Windfarm (currently at pre-application stage) is considering Orford Ness as a potential compensation site (as referred to in APP-049 Report 5.3 Lesser Black-Backed Gull Compensation – Evidence, Site Selection & Roadmap). We are concerned about the piecemeal nature of these proposals, including achieving the desired outcomes and the visual impact of the proposed predator fencing in a sensitive landscape (National Landscape and Heritage Coast). The National Trust has advised the Applicant that we consider that land at Lantern Marshes on Orford Ness (which is also owned by the Trust) would be a more suitable location for the compensation and, as Natural England suggest on Page 13 of Report 5.3, the two windfarm developers could work together to establish a joint scheme. We consider that the Lantern Marsh site has merit, to the extent that initial internal feasibility work has been undertaken and the National Trust have for the last three years carried out minor works to this area complementary to our work on the Southern Spit with the aim of making the habitat on Lantern Marsh attractive for LBBGs with some limited success. Status of National Trust Land Where the National Trust considers its landholding to be of significant historic interest and/or natural beauty, it can designate such land as ‘inalienable’ pursuant to section 21 of the National Trust Act 1907. This means that the freehold title to the land is to be held in perpetuity for the benefit of the nation and therefore cannot be sold or mortgaged in the conventional sense. Once the land has been designated ‘inalienable’ this status cannot be undone. The land owned by the National Trust at Orford Ness has been declared inalienable. In this case, it is not at all clear if there is any intention to compulsory acquire National Trust land or rights over National Trust land. The National Trust has not discussed any access arrangements or the terms of any Option Agreement with the Applicant. Archaeology and Unexploded Ordnance (UXO) The Trust has a duty to protect our heritage and all archaeology within its care. The proposed LBBG compensation site has the potential for below ground archaeology and unexploded ordnance. It is imperative then, that the site is subject to an archaeological survey prior to any groundworks. Areas proposed for development should be subjected to a UXO survey. No discussions have taken place as to how the Trust, County Council Archaeologist and Applicant might work together to achieve a suitable and appropriate methodology for the archaeological work to be undertaken prior to any development. Landscape and Visual Impact and Impact on Designated Heritage Assets Orford Ness is wholly within the Suffolk Coast and Heaths National Landscape and is a focal point within the area of the Alde-Ore estuary. It is also the location for several designated heritage assets including listed buildings and scheduled monuments. The visual impact of the proposed measures must be assessed against their impact on both the landscape and these heritage assets. Part of the proposed measures involves erecting a 6ft anti-predator fence around the site. Whilst the National Trust does not object in principle to the need for anti-predator fencing which can be useful for protecting nesting sites, we do consider that including any fencing over the shingle ridge and beach including the above-mentioned trackway would have a negative and highly visible impact on the designated landscape and heritage assets. A fence erected as currently submitted on the high point of the ridge would effectively cut the Ness in half and in such a flat landscape would be visible from several important vantage points including: • Looking North from the Grade II listed Bomb Ballistics building. The roof of the Bomb Ballistics building is a key location for visitors to Orford Ness (approx. 15,000 annually) from which to observe the surrounding landscape. • Looking South from the Martello tower holiday cottage and Slaughden ridge car park on the edge of Aldeburgh to the North. • Looking North from the Grade II listed Black Beacon, another visitor accessible elevated viewing area with approx. 15,000 annual visitors • Looking East from the much-used sea wall footpath which forms part of the King Charles III England Coast Path • Looking East from watercraft using the river • Looking West from watercraft using the sea Conclusion The National Trust recognises the threats that climate change poses and the role that renewable energy can play in reducing the UK’s use of fossil fuels. The National Trust will continue to engage in discussions with the developer regarding the use of our land at Orford Ness to deliver compensation for lesser black-backed gulls. We therefore wish to register as an Interested Party and will provide updates to the Examining Authority on our position as these discussions progress.