Representation by Natural England (Natural England)
- Date submitted
- 9 February 2023
- Submitted by
- Members of the public/businesses
Natural England’s Relevant Representations for the Proposed Changes (PC-02) Summary of Natural England’s Advice Natural England’s advice is that, in relation to identified nature conservation issues within its remit, there is no fundamental reason of principle why the Proposed Changes (PC-02) to the project should not be permitted. However, Natural England considers that the applicant has provided insufficient evidence and is not yet satisfied that the following issues have been addressed: • Internationally designated sites - Impacts from potential loss of/disturbance to functionally linked land associated with the Humber Estuary Special Protection Area (SPA), Ramsar. • Nationally designated sites - Impacts from potential loss of/disturbance to functionally linked land associated with the Humber Estuary Site of Special Scientific Interest (SSSI). In relation to identified nature conservation issues within its remit, Natural England is satisfied that other potential impacts associated with PC-02 have been adequately addressed (subject always to the appropriate requirements being adequately secured). Natural England’s detailed advice Natural England’s advice in these relevant representations is based on information submitted by Drax Power Limited in support of its Submission of Proposed Changes Application in relation to Drax Bioenergy with Carbon Capture and Storage Project (‘the project’). Natural England advises that, if approved, the project must be subject to all necessary and appropriate requirements which ensure that unacceptable environmental impacts either do not occur or are sufficiently mitigated. Internationally designated sites Natural England notes that Table 6-1 Environmental Appraisal for PC-02 (8.5.1 Proposed Changes Application Report) states that “The areas comprising the [overhead line] OHL and [Telecommunications line] TCL Order Limits are not in proximity to any statutory or non-statutory designated sites, nor are there evident impact pathways connecting the areas where construction works would take place with such protected sites, that are predicted to give rise to likely significant effects.” However, the OHL and TCL Order Limits are located within 4km of the Humber Estuary SPA/Ramsar, which are designated for mobile bird species that may also rely on areas outside of the site boundary. On the basis of information provided, Natural England advises that there is currently not enough information to rule out the likelihood of significant effects from loss of/disturbance to functionally linked land associated with the Humber Estuary SPA/Ramsar. We therefore recommend that further assessment of the potential suitability of the proposed Order Limits and adjacent areas for SPA birds is carried out to inform an update/addendum to the Habitats Regulations Assessment (HRA). This should include a data search from appropriate source/s (for example, the local Ecological Data Centre), in addition to a desk-based assessment of aerial photography, mapping, habitat maps and relevant ecological literature, where appropriate. We note that Table 6-1 of the 8.5.1 Proposed Changes Application Report refers to “OHL locations are adjacent to an existing main road and public footpaths, with residential and commercial properties present” and advise that such factors may inform the assessment. However, these factors alone are not considered sufficient justification to rule out likely significant effects from the OHL and TCL in this case. The OHL1/TCL1 are located within a wider network of fields, and the 8.5.3.4 Appendix 4 - Ecological Walkover Technical Note - Proposed Changes gives an indication of the availability of improved grassland and arable land within/in proximity to OHL1/TCL1, which extends beyond the areas immediately adjacent to the road and commercial properties. Therefore, we advise that the potential suitability of the area as functionally linked land should be assessed in more detail. Nationally designated sites Based on the plans submitted, Natural England considers that the proposed development could have potential significant effects on the interest features for which the Humber Estuary SSSI site has been notified. Natural England requires further information in order to determine the significance of the impacts from potential loss of/disturbance to functionally linked land (construction phase). Our advice regarding the potential impacts upon the Humber Estuary SSSI coincide with our advice regarding the potential impacts upon the Humber Estuary SPA/Ramsar as detailed above.