Representation by Environment Agency (Environment Agency)
- Date submitted
- 12 July 2024
- Submitted by
- Members of the public/businesses
[Summary only - full response submitted to PINS via email due to comments box character restriction] Planning Inspectorate [via Planning Inspectorate website] | Our ref: XA/2024/100105/01-L01 | Your ref: TR010065 | Date: 12 July 2024 Dear Sir/Madam, A46 Newark Bypass – Development Consent Order Application | A46 from Farndon Roundabout to Winthorpe Roundabout, near Newark-On-Trent | Registration as Interested Party and Submission of Relevant Representations We are advised that on 23 May 2024 an application (reference: TR010065) for a Development Consent Order (DCO) was accepted by the Planning Inspectorate for examination. These Relevant Representations contain an overview of the project issues which fall within our remit. They are given without prejudice to any future detailed representations that we may make throughout the examination process. We may also have further representations to make when supplementary information becomes available in relation to the project. We have reviewed the draft DCO, Environmental Statement (ES) and supporting documents submitted to the Planning Inspectorate as part of the above-mentioned application. Summary of Environment Agency position:- 1) The flood risk has not been appropriately assessed. Therefore, there is a risk that the proposed mitigation measures are not appropriate. As proposed, the development is shown to increase flood risk elsewhere. 2) Insufficient information has been submitted in relation to the realignment of Slough Dyke (main river). 3) Insufficient information has been submitted in relation to the Scheme’s interaction with Environment Agency flood defences. 4) There are missed opportunities for environmental and ecological improvements in relation to the aquatic environment, including biodiversity net gain for watercourses. 5) There is insufficient commitment to addressing invasive species impacting the aquatic environment, principally Himalayan Balsam. 6) Water quality matters have not been adequately addressed. The Water Framework Directive Compliance Assessment has not been satisfactorily carried out. There is a risk that surface water run-off associated with diffuse highways run-off, combined with other sources, is not adequately addressed. Further mitigation for water quality and watercourses is likely to be required. 7) Surface water and groundwater quality monitoring requirements are not adequate. 8) The presence of the British Sugar authorised landfill site in relation to the development has not been adequately assessed. 9) Further commitment and additional plans are required in relation to the Environmental Management Plan. This includes the requirement for a Dewatering Management Plan, securing site-specific piling risk assessments and method statements, and surface water and groundwater monitoring commitments. Further information is also needed in relation to waste disposal options. 10) Consumptive water usage has not been adequately considered. 11) Several DCO Requirements need to be amended, and the Environment Agency included as a consultee. We have also requested an additional Requirement in relation to piling. 12) The legislation for Environment Agency permits and licences is not being disapplied in the DCO. However, we acknowledge the Applicant’s intention to pursue the disapplication of the Environmental Permitting Regulations in relation to flood risk activities, which if agreed by us will require a protective provision for our benefit to be included in the DCO. We will continue to work with the Applicant to address the issues we have identified as we move towards the Examination stage. Appendix 1 – Environmental Statement and supporting documents - key issues and advice (sent to PINS via email) Appendix 2 – Draft Development Consent Order and other documents - key issues and advice (sent to PINS via email) Appendix 3 – Supplementary advice to the Applicant (sent to PINS via email) Yours faithfully Mr Alex Hazel Planning Specialist – National Infrastructure Team Email: NITeam@environment-agency.gov.uk