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Representation by Environment Agency (Environment Agency)

Date submitted
11 January 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 objections 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 – amendments and additions to some parts of the DCO Articles and Schedule 2 Requirements are needed. Draft Protective Provisions for the Environment Agency included in Schedule 9, Part 7 are not in a format we agree with. 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. 2. Geology & Hydrogeology - We are satisfied with the preliminary hydrogeological and remediation assessments carried out to date. We look forward to reviewing more detailed assessments at the appropriate time. 3. Flood risk - the assessment of flood risk is not currently adequate and additional information is requested to alleviate concerns with respect to: maximum breach depths; tidal impacts to the development; fluvial and tidal flood flows and potential for floodwater displacement (from all sources)/impact on third parties and potential floodplain compensatory storage requirements. 4. Water Framework Directive - the water framework compliance assessment is not currently adequate and additional information is requested to alleviate concerns with respect to the risk to groundwater quality. 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.

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