Representation by Environment Agency (Environment Agency)
- Date submitted
- 13 June 2024
- Submitted by
- Other statutory consultees
The Environment Agency has reviewed the Development Consent Order (DCO) application, the Environmental Statement (ES) chapters and supporting documents relevant to environmental issues within its remit. The Environment Agency has no objection to the principle of the proposed development and believes the holding objection and issues summarised below are all capable of resolution. The Environment Agency’s full representation has been submitted via email, to accompany this summary. 1. DCO – some amendments and additions to parts of the DCO Requirements and deemed Marine Licence are needed. Draft Protective Provisions for the Environment Agency included in Schedule 18, Part 4 are not yet agreed. Until the wording of Protective Provisions is in a format acceptable to us, we will not agree to the disapplication of the Environmental Permitting (England and Wales) Regulations 2016 for flood risk activities (Article 7). We are also in negotiations with the Applicant regarding an additional legal agreement relating to flood risk matters. 2. Marine Physical Processes - further information and assessment in relation to this topic is requested, as the data used is not considered adequate. 3. Water Framework Directive - an additional condition to protect Bathing Waters is requested. Notwithstanding this, the Environment Agency is generally satisfied with the assessment undertaken in respect of issues within its jurisdiction. 4. Groundwater Protection - further investigations and risk assessments need to be undertaken prior to the commencement of the works to ensure that the project does not impact groundwater. 5. Land Contamination - we are satisfied that the application contains an appropriate assessment of potential sources of contamination and includes an appropriate mechanism for undertaking and securing remediation of any contamination encountered during construction. 6. Flood Risk - We wish to make a holding objection on flood risk grounds as there is currently insufficient information to determine if the project satisfies the Exception Test, as required by paragraph 5.8.11 of the Overarching National Policy Statement for Energy (EN-1). Additional assessment is required in respect of temporary compounds and temporary working areas within the floodplain to determine if/what mitigation is required and to give confidence that the works will not increase the risk of flooding to third parties and surrounding areas. Additional modelling data needs to be used in the assessment and the flood model supporting the assessment of the Onshore Substation is not yet considered fit for purpose. Further discussions regarding the appropriate development lifetime and climate change assessment, to ensure these satisfy current planning guidance, are also required. The construction of the project has the potential to interrupt the Environment Agency's annual beach nourishment works, which provide flood risk protection to 20,000 homes and businesses, 24,500 static caravans and 35,000 hectares of land. We require the Applicant to enter into a legal agreement to ensure the project will not impact these works or result in additional expense for the public purse. The Environment Agency is satisfied that the application contains an appropriate assessment of waste management matters, and has correctly identified the need for additional permits and consents for the construction and operation of the project.