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Representation by Environment Agency (Environment Agency)

Date submitted
8 June 2023
Submitted by
Members of the public/businesses

The Environment Agency (“the Agency”) has reviewed the Development Consent Order (“the DCO”) application, the Environmental Statement (ES) chapters and supporting documents relevant to environmental issues within its remit. The Agency has no objection to the principle of the proposed development and believes the issues summarised below are all capable of resolution. The Agency’s full representation has been submitted via email, to accompany this summary. 1. The DCO – amendments and additions are requested in respect of some Requirements and Articles. Draft Protective Provisions for the Agency are included in Schedule 13, Part 5 but we will not agree to the disapplication of the Environmental Permitting (England and Wales) Regulations 2016 until the wording of these is agreed. 2. The Agency is the freehold owner of several plots of land adjacent to the South Forty Foot Drain and submits an objection to any acquisition of rights over its land at the current time. The Agency will continue to work with the Applicant to resolve this matter during the Examination period. 3. Flood risk – The assessment of risk from a fluvial perspective is appropriate to the scale, nature and location of the development but clarification is requested in respect of the setting of finished floor levels for the control rooms. 4. Groundwater protection – based on the information available the Agency is satisfied that the development poses a negligible risk to controlled waters. 5. The Water Framework Directive – subject to the identified mitigation being fully implemented and best practice methods being followed in respect of pollution prevention, as well as the relevant water abstraction licences and discharge permits being obtained prior to construction commencing for that activity, there should be no deterioration on waterbody status. 6. Water resources – consideration should be given to any potential impact on water levels when crossing ditches, drains and watercourses using open-cut techniques to ensure water levels are not changed in such a way as to impact the water availability of any water abstraction licences. Should water be required to be stored on-site for emergency use, the source for this water will need to be carefully considered as East Anglia is classed as an area of serious water stress.