Representation by Canal & River Trust (Canal & River Trust)
- Date submitted
- 8 March 2024
- Submitted by
- Other statutory consultees
The Canal & River Trust (“the Trust”) has previously provided comments to the applicant on the application proposals, notably with regards to the works to install caballing across the River Ouse, and wishes to register and comment as an interested party for the examination relating to the above application. The Trust’s Roles and Responsibilities The Trust is a statutory party for the purposes of s.88(3) of the Planning Act 2008 (“the 2008 Act”) as the Application is likely to have an impact on the River Ouse, or land adjacent to the river, where by the Trust is Navigation Authority. The Trust is a statutory undertaker for the purposes of s.127 of the 2008 Act. The Trust is Navigation Authority for the River Ouse and has a duty to maintain the river as a commercial waterway. The Trust also has environmental and recreational duties under s.22 British Waterways Act 1995 when considering proposals relating to its functions. These include consideration of effects on flora and fauna and preserving access to towing paths for the public. The Trust’s charitable objects include, for the public benefit, the preservation, protection, operation and management of inland waterways for navigation and conservation, protection and improvement of the natural environment and landscape of inland waterways. East Yorkshire Solar Project (“the Project”) and the River Ouse The proposed route of the cable connection for the Project would have one interface/crossing below the River Ouse. The River Ouse in this location is a tidal commercial waterway used by both large commercial vessels and for leisure purposes. As Navigation Authority, the Trust is responsible for navigational safety of this part of the river. This is a rural stretch of river with a mixture of open fields and mature hedgerows within the managed river floodplain. Detailed Representations The representations made here are without prejudice to any further or amended representations which the Trust may make following a comprehensive review of the Application as part of the examination process. In this letter, the Trust wishes to make representations on the following: • The draft Development Consent Order (DCO) and Protective Provisions for the Trust • The Trust’s Third Party Works Code of Practice • Method of horizontal directional drilling and associated surveys, • Discharge of water into, and prevention of siltation etc. of the river • Lighting during construction • Landscape and Visual Impact • Use of the River Ouse for Works Traffic • The Trust’s interest in the River Derwent The draft Development Consent Order (DCO) and Protective Provisions for the Trust There are a number of provisions within the draft DCO which could impact the Trust as Navigation Authority for the River Ouse. The draft DCO was not shared with the Trust as part of a pre-application consultation. However, we welcome the inclusion of the protective provisions in the draft DCO which are substantively in the form suggested in the Trust’s response to the applicant’s pre-application consultation. The Trust believe that further engagement is required with the applicant to agree the protective provisions. The Trust sent correspondence to the applicant requesting an opportunity to discuss the provisions on 23rd February 2024. We are awaiting a response, and hope to be able to agree provisions with the applicant by the end of the examination. To aid the examination, the Trust have prepared a set of protective provisions which would resolve and satisfy our principal concerns, which can be shared if required. The protective provisions have been adapted from a series of solar projects on the River Trent that have required Horizontal Directional Drilling below the waterway (including the Gate Burton, Cottom Solar and West Burton Solar Projects). The Trust reserves the ability to add to and amend the draft protective provisions as part of the examination process. Schedule 3 Legislation to be Disapplied By way of Article 6 and Schedule 3, the DCO would disapply the following legislation in so far as it relates to the construction, operation, maintenance or decommissioning of the authorised development: (a) East Riding Drainage Act 1798; (b) Seaton Ross Inclosure Act 1811; (c) Keyingham (and others) Drainage [Yorkshire] Act 1845; (d) York and North Midland Railway (East Riding Branches) [No.1] Act 1846; (e) Wapentake of Ouse and Derwent Drainage Act 1854; (f) Ouse (Lower) Improvement Act 1884; (g) Aire and Calder Navigation Act 1914; (h) Aire and Calder Navigation Act 1924; (i) Boothferry Bridge Act 1925; (j) Yorkshire Water Authority (Alteration of Boundaries of the Lower Ouse Internal Drainage District) Order 1989; (k) The Selby Area Internal Drainage District Order 2017. The Trust does not have sight of all of these pieces of legislation. The disapplication of any of these pieces of legislation could have the potential to impact the Trust’s ability to manage the Navigation for the safe passage of vessels. We request that the applicant should communicate with the Trust over the content of the above legislation, so that we can assess if there would be any impact for our operations. Schedule 14, Part 4 Draft Protective Provisions Paragraphs 28, 39 and 41 are incomplete, and the applicant’s notes on the draft document suggest that they intend to discuss these parts of the Provisions with the Trust. The Trust has sent correspondence on 23rd February 2024 to highlight our willingness to enter discussions. The Trust’s Third Party Works Code of Practice As with other nationally significant infrastructure projects (NSIPs) that include works that interact with the Trust’s network, any parts of the Project with the potential to affect the River Ouse should be carried out in accordance with the Canal & River Trust Third Party Works Code of Practice (CoP). Protective provisions within the DCOs for these NSIPs have included an express obligation obliging the applicant to have regard to the CoP in the detailed survey, design, construction and approval of the relevant works. We welcome that the protective provisions within the applicant’s draft DCO do contain wording to this effect. The Trust’s CoP is designed to safeguard all users of the navigation and to deal with the nuances of developing adjacent to a commercial waterway with an ever changing tidal riverbed. The extent of potential impacts from development adjacent to, or under, navigational waters could reach far beyond the crossing point proposed. Ensuring that development is appropriately located and controlled on land adjacent to the Trust’s network is crucial to limit the potential for risk to users of the river and the associated economic, environmental and social consequences. Through the CoP, developers engage with the Trust’s engineers who are specialists in navigational safety, and the protection and safeguarding of the riverbed. It is essential that the proposals incorporate appropriate measures to protect the users of the river before, during and after construction for all temporary and permanent works affecting the waterway, including surveying and sampling within the waterway. Engaging with the Trust’s engineers ensures the appropriate measures are taken. Horizontal Directional Drilling In terms of Work number 3, relating to the cable crossing of the River Ouse. Para 2.5.4 of the Planning Statement confirms that the works will involve cabling being laid underneath the riverbed of the River Ouse using Horizontal Directional Drilling (HDD). The Framework CEMP details that the HDD works would be installed a minimum of 5m beneath the bed in the case of the River Ouse and a 16m buffer between HDD send and receive pits from the landward toe of flood defences beside the river, which would indicate that the pits would be at least 16m from the river banks on either side. We would welcome confirmation that this would be the case. We consider that, subject to the final detail of the Outline CEMP, protective provisions ensuring engagement with the Code of Practice should be incorporated in the DCO to ensure the proposals incorporate appropriate measures to protect navigational safety. Discharge of Water into, and the prevention of siltation etc. of the river Unmanaged discharge of water into the Ouse could result in a local impact on siltation, increase the risk of bank collapse or, in the event of a large discharge of water being sought, could impact the safe navigation of passing vessels. We consider that the proposed power in the draft DCO for the undertaker to discharge water should, in respect of the River Ouse, be subject to the Trust’s consent. Noise and Vibration The submitted Framework Construction Environmental Management Plan does discuss wider impacts from noise and vibration from construction works. However, the document does not refer to navigational safety with regards to noise or vibration during the proposed directional drilling. These matters should be considered as noise could affect navigational safety and the riverbank and bed may be adversely affected by vibration causing silt mobilization. We therefore request that these matters should be assessed, and that the Framework CEMP is amended to account for this risk as applicable. Lighting During Construction 2.6.1 of the Framework CEMP indicates that focused task specific lighting will be provided in areas requiring night time working, with HDD locations highlighted as likely requiring this. Paragraph 2.6.4 details measures to help reduce the impact of light spillage. Temporary lighting has the potential to dazzle passing boaters, and could impact the ecology of the river corridor. We therefore consider it necessary for details of the proposed lighting specification to be provided for works close to the River Ouse. We request that the Framework CEMP should be amended to specifically address impacts of light spillage on passing navigational craft. The Trust would wish to review and provide comment on an amended document prior to the determination of the examination. Use of the River Ouse for Works Traffic The River Ouse is a commercial waterway, which has the potential to be used for the transportation of freight. Chapter 13 (Transport and Access) from the submitted Environment Statement does not discuss the potential for use of the river to transport construction materials to site. Opportunities may exist for the carriage of construction materials to the site via waterborne craft, which could help reduce the need for carriage by road. This would notably be the case for the transport of equipment or HDD activities alongside the River Ouse. This could help to reduce road miles and help improve the sustainability of the proposal, and to help mitigate the impacts of goods transport to and from site in line with the principles of section 5.13 of EN-1 and section 2 of the National Planning Policy Framework. The potential use of the river for such use is not discussed in the submitted documents. We consider that options for alternative non-road based construction transport to and from the site, including use of the river, should be considered alongside the main application, to explore whether this option is feasible (even if just to discount this option). We would be happy to provide further advice upon this. The Trust’s interest in the River Derwent The applicant’s Book of Reference has named the Trust as having an interest in the River Derwent in respect of maintenance (Plot 18/09). We wish to confirm that the Trust has no responsibilities as Navigation Authority (or landowner) for the River Derwent in this location. As a result, the applicant may wish to amend the Book of Reference to avoid any future potential confusion. The above comments are given without prejudice to other matters or comments that may be raised by the Trust at a later stage of the examination process. Please do not hesitate to contact me with any queries you may have. Yours sincerely, Simon Tucker MRTPI Area Planner [REDACTED]