Representation by Upper Witham Internal Drainage Board (Upper Witham Internal Drainage Board)
- Date submitted
- 21 March 2023
- Submitted by
- Members of the public/businesses
Thank you for the opportunity to comment on the above application. Some of the proposed sites are within the Upper Witham Internal Drainage Board district and a number of Board maintained watercourses are within or adjacent to the sites. Some of the site is also within the Board’s Extended Area where the Board acts as agent to Lincolnshire CC for Consents under the Flood and Water Management Act 2010, and the Land Drainage Act. 1991. A map has been provided to the applicant previously showing the areas and watercourses. Upper Witham Internal Drainage Board OBJECTS to the proposals. Reason;- Fencing, planting and solar panels are shown on the submitted documents within the maintenance access strip adjacent to a number of Board maintained watercourses preventing or obstructing access. All Fencing, planting and solar panels needs to be relocated 9m from the top of the bank as agreed following the initial consultation with the Board. Environmental Statement Chapter 10: Hydrology, Flood Risk and Drainage 10 Hydrology, Flood Risk and Drainage Table 10.1: Consultation • ‘Witham 3 Internal Drainage Board’ is incorrect and needs to be replaced with ‘Upper Witham Internal Drainage Board’. • New Byelaws have now been adopted with a 9m Byelaw distance from the top of the bank. • All other comments are correct and it is noted that there is on going engagement. This section should also include. • Under the terms of the Land Drainage Act. 1991 the prior written consent of Upper Witham Internal Drainage Board is required for any proposed temporary or permanent works or structures within any watercourse including infilling or a diversion within the Boards district. • Under the provisions of the Flood and Water Management Act 2010, and the Land Drainage Act. 1991, the prior written consent of the Lead Local Flood Authority (Lincolnshire County Council) is required for any proposed works or structures in any watercourse outside those designated main rivers and Internal Drainage Districts. Within the ‘extended area’ Upper Witham Internal Drainage Board acts as Agents for the Lead Local Flood Authority and as such any works, permanent or temporary, in any ditch, dyke or other such watercourse will require consent from the Board.. 10.7 Embedded Mitigation • This states ‘8m easements have been established around all watercourses, including Main Rivers and Ordinary Watercourses and 9 m from IDB assets.’ However, the submitted plans show encroachment of fencing/planting/solar panels within the 9m distance to IDB watercourses which is unacceptable. Note the 9m is ‘from the top of the bank’ it is required to allow access for large plant to undertake maintenance. Flood zone 2 and 3. The document indicates that some of the area in within Flood zone 2 and 3. But the is not proposed mitigation it would be recommended that all the electrical equipment is above design flood levels in the main river system and any construction is resilient to flooding. It is noted 3.2.2 in Appendix 10.1 includes mitigation. Environmental Statement Appendix 10.1: Flood Risk Assessment and Drainage Strategy It is noted various measures are included to reduce the impact of increased impermeable areas. 3.2.2 • states ‘8m easements have been established around all watercourses, including Main Rivers and Ordinary Watercourses and 9 m from IDB assets’ However, the submitted plans show encroachment of fencing/planting/solar panels within the 9m distance to IDB watercourses which is unacceptable. Note the 9m is ‘from the top of the bank’ it is required to allow access for large plant to undertake maintenance. • It is noted ‘Fixed panels should be located within areas of the Site which are located in Flood Zone 1 whereas tracker panels can be located in areas that are within Flood Zones 2 and 3 on the basis of the additional flood protection offered by their potential to be stowed horizontally.’ • It is noted ‘Electrical infrastructure associated with the panels can be adequately waterproofed to withstand the effect of flooding. Where possible the sensitive electrical equipment has been located in parts of the Site that are within Flood Zone 1. Where this hasn’t been possible, equipment will be raised 0.6 m above the 0.1% Annual Exceedance Probability (AEP) flood level or where this is not possible as high as practicable.’ EN010133-000461-C7.6 Design and Access Statement_Part 2 of 4 Solar Panels and fencing within 9m of the top of the bank of an Upper Witham IDB watercourse. EN010133-000462-C7.6 Design and Access Statement_Part 3 of 4 Figure 8.16.2 • IDB watercourses not clearly identified. • 0502 - Fillingham South Drain o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance • 0500 - East Till o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Figure 8.16.3 • IDB watercourses not clearly identified. • 0600 - Cammeringham Drain o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Figure 8.16.4 • IDB watercourses not clearly identified. • 0600 - Cammeringham Drain o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Figure 8.16.5 • IDB watercourses not clearly identified. o 0700 - Cricket Till o Fencing and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Figure 8.16.7.1 & 2 • IDB watercourses not clearly identified. • 0500 - East Till o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance • 0400 - Padmoor Drain o No comments • 0106 - Throops Drain o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Figure 8.16.6 • IDB watercourses not clearly identified. • 0106 - Throops Drain o Fencing, planting and potentially solar panels within the 9m Byelaw distance (from the top of the bank) preventing access for maintenance Only Cottam 1 is within the area relevant to Upper Witham IDB. For Cottam 2 and Cottam 3A/3B Scunthorpe & Gainsborough IDB should be consulted.