Representation by Environment Agency (Environment Agency)
- Date submitted
- 2 March 2023
- Submitted by
- Other statutory consultees
1.0 The Environment Agency’s Role 1.1 The Environment Agency is an executive non departmental public body, established under the Environment Act 1995. 1.2 We were established to bring together responsibilities for protecting and improving the environment and to contribute to sustainable development. We take an integrated approach in which we consider all elements of the environment when we plan and carry out our work. This allows us to advise on the best environmental options and solutions, taking into account the different impacts on water, land, air, resources and energy. 1.3 We help prevent hundreds of millions of pounds worth of damage from flooding. Our work helps to support a greener economy through protecting and improving the natural environment for beneficial uses, working with businesses to reduce waste and save money, and helping to ensure that the UK economy is ready to cope with climate change. We will facilitate, as appropriate, the development of low carbon sources of energy ensuring people and the environment are properly protected. 1.4 We have three main roles: • We are an environmental regulator – we take a risk-based approach and target our effort to maintain and improve environmental standards and to minimise unnecessary burdens on businesses. We issue a range of permits and consents. • We are an environmental operator – we are a national organisation that operates locally. We work with people and communities across England to protect and improve the environment in an integrated way. We provide a vital incident response capability. • We are an environmental adviser – we compile and assess the best available evidence and use this to report on the state of the environment. We use our own monitoring information and that of others to inform this activity. We provide technical information and advice to national and local governments to support their roles in policy and decision-making. 1.5 The Environment Agency takes action to conserve and secure proper use of water resources, preserve and improve the quality of rivers, estuaries and coastal waters and groundwaters through pollution control powers and regulating discharge permits. 1.6 We have regulatory powers in respect of waste management and remediation of contaminated land designated as special sites. We also encourage remediation of land contamination through the planning process. 1.7 The Environment Agency is the principal flood risk management operating authority. It has the power (but not the legal obligation) to manage flood risk from designated main rivers and the sea. The Environment Agency is also responsible for increasing public awareness of flood risk, flood forecasting and warning and has a general supervisory duty for flood risk management. We also have a strategic overview role for all flood and coastal erosion risk management. 2.0 Scope of these Representations 2.1 These Relevant Representations contain an overview of the project issues which fall within our remit. They are given without prejudice to any future detailed representations that we may make throughout the examination process. We may also have further representations to make if supplementary information becomes available in relation to the project. 2.2 We have reviewed the Development Consent Order (DCO) application, Environmental Statement (ES) and supporting documents submitted as part of the above-mentioned application, following notification of its acceptance on 5 January 2023. Our comments are presented using the document references and ES Chapter headings relevant to our remit below. 3.0 6.1 ES Volume 1 Chapter 7: Ecology and Biodiversity and 7.9 Outline Landscape and Ecology Management Plan 3.1 We have reviewed Chapter 7 and the Outline Landscape and Ecology Management Plan, with reference to the ecology of the West Glen River and other surface waters on site. We are satisfied with the assessment and proposals and have no concerns to raise at this stage. 3.2 We note from Chapter 7 that the river and high value aquatic habitats are to be retained, with protective buffers to the river. 3.3 The Outline Landscape and Ecology Management Plan proposes shallow scrapes, otter holts and permissive footpaths along the West Glen River, with wet woodland, riparian planting and a nature area in the river corridor. We recognise the potential value of these and have no concerns to raise regarding impacts on the river. However, details of any works within 8 metres of the river will need to be submitted to us for approval, through agreed protective provisions. This applies particularly to the proposed footpath. 4.0 6.1 ES Volume 1 Chapter 11: Water Resources and Ground Conditions 4.1 We have reviewed this chapter in relation to the protection of ground and surface waters and to fluvial flood risk. 4.2 Based on the available information, we agree with the conclusion of Chapter 11 that the proposed development poses a negligible risk to groundwater. The site is predominantly greenfield in nature and only limited potential sources of contamination have been identified. We welcome Requirement 15, Ground conditions, of the draft DCO to safely manage any land affected by contamination. We refer the applicant to the best practice guidance provided in our Scoping Consultation response. 4.3 We agree that the risk of negative impact on surface watercourses is low provided suitable mitigation measures are in place and standard construction methods are followed. The applicant should ensure that during all phases of development (construction, operation and decommissioning), all appropriate pollution prevention measures are adopted to ensure the integrity of the water environment. We welcome the inclusion of Requirement 11, Construction environmental management plan, to secure this. 4.4 The matters relating to fluvial flood risk have been scoped and addressed appropriately. We agree with the proposed embedded mitigation relating to the West Glen River, which includes buffer zones from the river for construction works. The sequential approach within the site has been suitably applied. 4.5 Based on the available information, we agree that the construction works should have a negligible impact on flood risk related to the West Glen River if all mitigation measures and standard construction procedures are followed. 5.0 6.2 ES Volume 2 Appendix 11.5: Water Resources – Flood Risk Assessment 5.1 The site is primarily located within Flood Zone 1 (‘low probability’ of flooding as defined in paragraph 078, Table 1 of the Planning Practice Guidance, Flood Risk and Coastal Change section). However, as recognised within the Flood Risk Assessment (FRA), the West Glen River runs through the site. 5.2 The areas of the site adjacent to the West Glen River include land in Flood Zones 2 (‘medium probability’) and 3 (‘high probability’). Flood Zone 3 is important for storing flood water and this has been addressed adequately in the FRA, with proposed buffer strips between the river and proposed solar panel mounted structures. We also note that the mounted structures will be mounted 0.8m above the ground level, with the solar panels and infrastructure to be located entirely outside of the 1% annual probability fluvial flood extents, with allowance for climate change. 5.3 The lead local flood authorities (Lincolnshire County Council and Rutland County Council) are responsible for advising on surface water flood risk mitigation and drainage proposals. We would expect this to include determination of the rate of surface water discharge. 5.4 We note from section 12.4.16 of the FRA that watercourse crossings are required and horizontal directional drilling methods will be used to direct cabling beneath the West Glen River. Details of this will need to be submitted to the Environment Agency for approval prior to works beginning; this is currently proposed to be secured through protected provisions. 6.0 6.1 ES Volume 1 Chapter 15: Other Environmental Topics 6.1 We have reviewed section 15.7, Waste, the contents of which are satisfactory. 7.0 7.12 Outline Soil Management Plan (including Outline Excavated Materials Management Plan 7.1 We have reviewed these documents in relation to matters within our remit only. We note the intention to store top- and sub- soils around the site and use them for reinstatement of trenches and landscaping as the works progresses, meaning that there will be no waste soils to deal with. We advise that any temporary soil heaps should be stored at least 10 metres from any watercourse, to avoid silty runoff being washed into the watercourse during heavy rainfall events. We welcome the inclusion of Requirement 14, Soil management plan, and agree that the Environment Agency should be consulted when application is made to discharge this. 8.0 3.1 Draft Development Consent Order (DCO) 8.1 The draft DCO proposes disapplication of the Environmental Permitting (England and Wales) Regulations 2016 (e) in respect of a flood risk activity only (Part 2, 6(1)(e)). We are in discussion with the applicant’s legal representative regarding agreement of protective provisions. Please note the draft provisions in Part 4 of Schedule 15 of the DCO are not yet in an agreed format. Accordingly, we will notify the Examining Authority when these have been agreed and provide our formal agreement to the disapplication of the Environmental Permitting Regulations at that point. 8.2 We welcome our inclusion as a specific consultee to Schedule 2, Requirements 11 (Construction environmental management plan), 12 (Operational environmental management plan) and 14 (Soil management plan), to comment on detailed matters relating to pollution prevention. We request that we are also included as a specific consultee to Requirement 18, to enable us to comment on the decommissioning environmental management plan, as this will include issues that fall within the Environment Agency’s remit such as waste disposal, pollution prevention measures and environmental incidents. 9.0 3.3 Consents and Licences required under other legislation 9.1 The applicant acknowledges that an environmental permit may be needed from the Environment Agency if effluent from welfare facilities is treated and discharged to groundwater and that an abstraction and/or impounding licence may be needed for concrete batching and dust suppression. 9.2 We are satisfied with the intention for these applications to be made by the contractor before they are needed. Based on the information submitted with the planning application, we have not identified any major permitting concerns but stress the importance of allowing sufficient time for applications to be processed. Water in the area can be scarce during the warmer, drier months of the year and there may not be water readily available when the developer needs it. It may be necessary to consider having water storage in place in advance for use for dust suppression purposes. 10.0 4.3 Book of Reference – Environment Agency Land Interests 10.1 We note from the Book of Reference submitted [APP-023] that the applicant seeks possession (though we understand on a temporary basis in most, if not all, cases) of various plots of land where the Environment Agency is listed as either owner, or person enjoying easement or right over land. This relates to 6 plots of land, references: 02-136; 02-142; 02-144; 04-06; 04-17; 04-19. We are currently making further enquiries regarding these plots of land and whether the powers sought in the DCO will result in any detriment to the carrying out of the Environment Agency’s undertakings, particularly in relation to the operation of the Gwash-Glen water transfer scheme. At this stage, therefore, the Environment Agency must object to any acquisition of land or rights in relation to its land interests until it has had a proper opportunity to assess the potential effect of the acquisitions sought by the applicant on its ability to carry out its operations. We will update the Examining Authority on our position when we lodge our Written Representations. 11.0 Further representations 11.1 In summary, we can confirm that we have no objection to the principle of proposed development, as submitted, although we may pursue an objection in relation to the Environment Agency land interests the applicant seeks to acquire. We are satisfied that the ES has adequately considered issues and topics that fall within our remit. The draft DCO secures appropriate mitigation in relation to these issues and topics. 11.2 We reserve the right to add to or amend these representations, including requests for DCO requirements and protective provisions, should further information be forthcoming during the examination. 11.3 If you have any questions regarding these representations, please contact me via the details provided.