Representation by Environment Agency (Environment Agency)
- Date submitted
- 13 March 2023
- Submitted by
- Other statutory consultees
Our ref: HA/2023/124853/02 Your ref: TR010055 Date: 13 March 2023 Dear Sir or Madam, Application by National Highways Company Limited for an Order Granting Development Consent for the M3 Junction 9 Improvement Scheme. Please find our relevant representation for the M3 Junction 9 Improvement Scheme in section 4 of this letter, following on from our introductory comments below: 1. The Role of the Environment Agency The Environment Agency has a responsibility for protecting and improving the environment, as well as contributing to sustainable development. Our work helps to support a greener economy through protecting and improving the natural environment for beneficial uses, working with business to reduce waste and save money and helping to ensure that the UK economy is ready to cope with climate change. We will facilitate, as appropriate, the development of low carbon sources of energy ensuring people, and the environment, are properly protected. We have three main roles: We are an environmental regulator – we take a risk-based approach and target our effort to maintain and improve environmental standards and to minimise unnecessary burdens on business. We issue a range of permits and consents. We are an environmental operator – we are a national organisation that operates locally. We work with people and communities across England to protect and improve the environment in an integrated way. We provide a vital incident response capability. We are an environmental advisor – we compile and assess the best available evidence and use this to report on the state of the environment. We use our own monitoring information and that of others to inform this activity. We provide technical information and advice to national and local governments to support their roles in policy and decision-making. One of our specific functions is as a Flood Risk Management Authority. We have a general supervisory duty relating to specific flood risk management matters in respect of flood risk arising from rivers classified as ‘Main Rivers’ or from the sea. 2. Environment Agency area affected The proposed scheme is located in one Environment Agency area – Solent & South Downs. 3. Pre-application engagement The Applicant and their consultant team approached us in late 2017 to discuss their initial plans for the scheme and the potential environmental issues that they would need to address. Since this early contact we have had a number of pre-application meetings and email correspondences with the Applicant and representatives of the Applicant. On 27 August 2019, we provided a formal response to the Applicant’s statutory consultation for the scheme (under Section 42(1)(a) Planning Act 2008 and Regulation 13 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017). On 8 July 2021, we provided a further formal response to the Applicant’s second statutory consultation as their Preliminary Environmental Information Report had been updated to reflect some amendments to the proposal. 4. Relevant Representation Our relevant representation outlines matters that we have focused on within our remit and where further clarification, details or mitigation is required to ensure that the proposal has no detrimental impact on the environment. In regard to this proposed scheme, our particular focus has been on the following matters: 4.1 Construction and operational impacts upon the River Itchen This concerns the construction and operational impacts upon the River Itchen (a designated Main River) and its riverine habitats and species. The river and its floodplain are designated as a Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Scheme works close to/within the river channel include improvements to the existing Kingsworthy Bridge, construction of a new footbridge and works on drainage outfalls (improvements to existing outfalls and installing two new outfalls). In our opinion, the submission documents demonstrate adequate consideration of the impacts that are within the Environment Agency’s remit, and proposals to avoid or mitigate such impacts. In particular, the submitted First Iteration Environmental Management Plan (‘fiEMP’) (document reference APP-156) specifies suitable environmental actions/commitments relating to works near the river (refs B15 – B18, B22, B28 – B30, WE1, WE2, WE6, WE17 – WE23, EH5). Furthermore, the Outline Landscape and Ecological Management Plan (‘OLEMP’) (document reference APP-102), specifies commitments to enhancement for the River Itchen and suitable biosecurity measures to avoid risk to aquatic species (sections 1.15.2 and 1.19.6). The Applicant consulted with us on the drafts of these documents in March/April 2022 and addressed our comments on the documents at the time. We expect to be consulted on the second iteration Environment Management Plan (‘siEMP’) and final version of the Landscape and Ecological Management Plan (‘LEMP’) which is to be an appendix to the siEMP. Schedule 2, Requirement 3(1) of the Draft Development Consent Order (document ref APP-019) specifies that consultation by the undertaker will be undertaken on the siEMP with the relevant planning authority and local highway authority but does not currently list the Environment Agency. This requirement shall need adjusting accordingly. An outstanding comment we have on the OLEMP (document reference APP-102) is to recommend that should Water Vole be present in any of the wetland, ditch, or watercourse features on site, then the approach to mowing of banks should be amended to minimise disturbance and reduce habitat loss and maintain vegetation cover. The LEMP should reflect this point accordingly. In addition to the scheme’s biodiversity net gain proposals (specified in the submitted Biodiversity Net Gain Assessment Report (document reference APP-131)), the Applicant is looking to work with us separately on further enhancements to the River Itchen as part of a project potentially funded under their Designated Funds regime. Plans are still in very early stages with limited details, and this does not form part of this application as the project is likely to be outside of the boundary and timescales for this scheme. However, we look forward to continuing to work with the Applicant in this regard. 4.2 Construction impacts on groundwater quality There is a Source Protection Zone 1 area located to the north of the scheme (as mapped in submitted Figure 9.1 within Chapter 9 ‘Geology and Soils’ of the Environmental Statement (document reference APP-050)). Source Protection Zones are identified depending on how the groundwater behaves in that area, what constructions there are to get the water into the public water supply and the process for doing this. A Source Protection Zone 1 is one that requires the highest level of protection as groundwater is particularly sensitive. As a general rule of thumb, there can be 50-day travel time from any point below the water table to the source. Depending on the geology of the area, this travel time can be much less, particularly where chalk dissolution/sinkholes can be present, which is the case for the area where the scheme is located. The submitted documents take note of this risk (Chapter 4 of the Environmental Statement, section 4.8.6 (document reference APP-045)). The submitted Environmental Statement Chapters 9 and 13 (document references APP-050 and APP-054) sufficiently assess the risks to groundwater quality and address appropriate mitigation measures. The fiEMP (document reference APP-156) also specifies particular measures to be factored into the construction works to protect groundwater (AQ17, GS1 – GS23, WE2 - WE11, WE20, WE22, WE23, WE26). Nonetheless, we reiterate that activities within the Source Protection Zone 1 area must be given due consideration and no groundwater hazardous substances should be used as additives or such like. The Applicant consulted with us on the drafts of the fiEMP (document reference APP-156) and Temporary (Construction) Drainage Strategy (Appendix J of the fiEMP) in March/April 2022, and on the Chalk Improvement and Stabilisation Technical Note (Appendix 13.3 of Environmental Statement Chapter 13 Road Drainage and the Water Environment (document reference APP-054)) and Cavities Occurrence Assessment (Appendix A of the Drainage Strategy Report (which is Appendix 13.1 of Environmental Statement Chapter 13 Road Drainage and the Water Environment – document reference APP-054) in September/October 2022. Our comments on the documents were addressed at the time. As stated previously, we expect to be consulted on the second iteration Environment Management Plan (‘siEMP’). We note that further intrusive ground investigation is to be conducted (Chapter 9 of the Environmental Statement, section 9.4.22 (document reference APP-050)) and the Applicant should inform us of the outcome of those investigations and/or update any risk assessments accordingly. Requirement 8(1) of the Draft Development Consent Order (document reference APP-019) is important for this scheme to ensure that unidentified contamination is suitably remediated if discovered during the course of construction activities. 4.3 Flood risk There are some small sections of the scheme located within fluvial Flood Zones 2 and 3. However, works within these zones are minimal and the Applicant has adequately assessed the impacts within the submitted Flood Risk Assessment, utilising suitable climate allowances as agreed with us (document reference APP-157). The new footbridge to be installed over the River Itchen is to be clear span with abutments outside of the river channel (as shown in the River Itchen Footbridge General Arrangement drawing contained within the submitted Flood Risk Assessment (document reference APP-157)). The installation of a clear span bridge is a necessity in this area to minimise impacts on the river and ensure that flood risk is not increased elsewhere. Proposed works or structures, in, under, over or within 8 metres of the top of the bank of the River Itchen will require a Flood Risk Activity Permit from us under the Environmental Permitting (England and Wales) Regulations 2016. The Applicant is seeking to disapply such permits within the draft Development Consent Order (Part 1, 3(1)a) (document reference APP-019)), which is satisfactory to us subject to sufficient details being disclosed to us in advance and the inclusion of our Protective Provisions within the Development Consent Order (which are not currently included in the draft). Further details we are likely to need are regarding the proposed pontoon arrangements for in-channel works (with pontoons covering no more than 50% of the channel at any time and not used during sensitive times for fish migration and spawning (1st October to 15th June inclusive)), design drawings for the new footbridge, and further details about the dust mitigation measures for the concrete grinding relating to improvement works on the Kingsworthy Bridge. We are progressing discussions with the Applicant on the above. As indicated above, during the pre-application engagement with the Applicant’s representatives, we have been given sufficient reassurance in regard to the above matters to conclude that we do not have any outstanding issues of significant concern. There are some minor matters for us to discuss further with the Applicant, such as addressing the position on permits/consents/licences needed for the scheme, ensuring references are made in documents to the latest River Basin Management Plans (2021) and requiring some clarifications on details within the submission documents, but we are making progress on such matters and do not anticipate these being on-going issues. Please do not hesitate to contact us if you require any further information. We look forward to continuing to work with the Applicant to resolve the matters outlined above, finalise any necessary requirements, and to ensure the best environmental outcome for this project.