Representation by Veolia ES Landfill Limited (Veolia ES Landfill Limited)
- Date submitted
- 24 February 2023
- Submitted by
- Members of the public/businesses
Veolia is the owner and operator of the Ockendon landfill site at Medebridge Road, South Ockendon RM16 5TZ (the "Site"). The Site is within the order limits of the project (see Sheets 30, 34, 35, 36, 38 and 39 of the Land Plans). The draft DCO would authorise the construction and operation on and immediately adjacent to the Site of a number of works, including: - the construction of the new A122 Lower Thames Crossing (Work No. 8) as shown on Sheets 38 and 39 of the Works Plans, including the construction of a new bridge and realigned footpath; drainage attenuation pond, associated facilities and access; the modification of an existing infiltration pond; and the construction of new watercourse diversion culverts; - environmental mitigation works (Works Nos. E36 and E40); and - temporary and permanent utilities works (Works Nos. G8, MUT24, MU62, MU64, MU65 and OH7). The draft DCO would grant the applicant the power temporarily to close, alter, divert and restrict the use of High Road, North Stifford, Stifford Clays Road and Medebridge Road which, together, comprise the only access to the Site. The draft DCO would also authorise the compulsory acquisition of land, interests in land and rights over land within the Site, as well as powers to use land within the Site permanently and temporarily for the construction, operation and maintenance of the project. The impact of the proposed development on Veolia's operations and the Site The preservation of the integrity of the landfill and ensuring the safe and uninterrupted operation of the Site in accordance with the requirements of the environmental permit are of paramount importance to Veolia. Veolia has a number of significant concerns about the potential impact of the project on its operations. These are summarised at high level below. Veolia would be very happy to assist the ExA by providing further detail during the examination. Access The Site is an active landfill which is accessed via Medebridge Road (which itself is accessed from High Road, North Stifford, and Stifford Clays Road). In addition to the execution by the applicant on Medebridge Road of utilities works, Medebridge Road would form a key access and haul road for construction and operational traffic connected with the project. The proposed use by the applicant of Medebridge Road as a haul road, the works proposed to be carried out on it and the powers sought over it present significant impediments to Veolia's ability to access the Site and maintain continuity of its operations. The use of Medebridge Road by the applicant may lead to conflict between the applicant's traffic and the HGV traffic connected with Veolia's landfill operations. Unfettered, the exercise by the applicant of its powers in the draft DCO could lead to Veolia being unable to access its Site. Veolia notes that the applicant envisages implementing lane restrictions on Medebridge Road for a period of months and requires further detail from the applicant as to what these measures entail and their likely implications for Veolia's day to day operations. Veolia also has concerns in relation to the intensification of the use of the Medebridge Road bridge over Mardyke as a result of the applicant's construction traffic and the capability of that bridge to handle such intensified use throughout the course of the construction period. So far as Veolia is aware, no work has been carried out to assess the suitability of the bridge to handle the increased traffic flows envisaged during the construction period. Under the terms of its environmental permit, Veolia is required to maintain 24 hour security of the Site to prevent access by third parties unconnected with the landfill operations. The proposed shared use of Medebridge Road by the applicant conflicts with this requirement and, without suitable controls, risks placing Veolia in breach of its permit. Integrity of the landfill operations The Site comprises areas of ongoing landfill activities as well as areas of land which have previously been filled and capped and areas which have been prepared for future use – in each case comprising engineered structures to secure the containment of the landfill. Alongside the containment engineering, Veolia operates various types of monitoring infrastructure including groundwater monitoring boreholes and gas monitoring points. At the north of the Site, the order limits are in close proximity to operational landfill infrastructure and future phases of landfill infrastructure which have already been engineered. At certain points, the landfill engineering infrastructure falls within the order limits. The Land Plans show some of these areas (e.g. at the northern boundary of the Site) as being required temporarily or permanently for the purposes of the proposed development, and the Works Plans propose works which appear to have the potential to impact on landfill operations and engineering. If the proposed development impacts on the containment engineering at the Site this could lead to significant adverse environmental effects. Any works on or use of land that comprises landfill infrastructure may give rise to adverse impacts on void availability (i.e. the ability to accommodate waste), Veolia's business and future plans for the Site, as well as on its ability to comply with its obligations under the environmental permit. Certain works proposed along the northern boundary of the Site (e.g. part of Work No. 8A) appear to conflict with the locations of groundwater monitoring boreholes and gas monitoring points maintained by Veolia, as well as surface water outlets. Such infrastructure is integral to the operation of the landfill and compliance by Veolia with the obligations in its environmental permit, and unimpeded access to it is required at all times. Veolia requires assurances from the applicant that the construction and operation of the proposed development will not compromise the integrity of the engineering of its landfill operations (leading to potentially significant adverse environmental effects), its ability to operate the site now and in future, or its ability to comply with its regulatory requirements under the environmental permit. Compulsory acquisition Veolia objects to the compulsory acquisition of its interests in the Site and does not consider that the applicant has provided sufficient justification as to the nature and extent of the rights and interests sought. Protections Veolia requires its concerns to be addressed in order to allow its landfill activities to operate unimpeded by the proposals, should consent be granted. Veolia requires robust protections in its favour to secure the continued safe, efficient and unfettered operation of its facility in accordance with all regulatory requirements. Veolia considers that it is appropriate for a detailed framework to manage the interaction between the landfill operations and the proposed development to be agreed before the grant of consent (as with the approach taken to the protective provisions included in Schedule 14 of the draft DCO). Veolia does not consider that the stakeholder actions and commitments register proposed by the Applicant in Article 61 of the draft DCO is the appropriate means by which the detailed protections required in relation to the Site are secured, and requests protective provisions to be secured in the DCO or a detailed bilateral agreement. Continued engagement Veolia is keen to continue to engage productively with the applicant in relation to the proposed development and is meeting with the applicant on 24 February 2023 at the Site to continue discussions in relation to the impact of the proposals on Veolia's operations. The parties continue to negotiate a "position statement" with a view to assisting the ExA. This representation is sent without prejudice to Veolia's position generally and, in particular, its ability to make further representations or appear at any hearings during the examination process.