Representation by Environment Agency (Environment Agency)
- Date submitted
- 1 December 2023
- Submitted by
- Members of the public/businesses
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 objection 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 14, Part 2 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. Protection of flood defence assets - the Environment Agency requires the Applicant to enter into a legal agreement to ensure the flood defence impacted by this project will be constructed and maintained to the required standard. We object to the proposal until such an agreement is secured to ensure the project will not increase the risk of flooding elsewhere. 3. Flood risk - the assessment of flood risk is not currently adequate and additional information is requested to alleviate concerns with respect to the project's impact on: tidal and fluvial flood defences; fluvial flood flows; landraising on flood flows/risk from non-main river sources; and, uncontrolled discharges. 4. Water Framework Directive - we request clarification regarding the terminology used in the WFD assessment. 5. Water resources - confirmation is required that an appropriate water supply is available to serve the development without impacting the water environment, due to a scarcity of water resources in this location. 6. Major accidents and disasters - the assessment has currently only considered the domino effect with nearby COMAH sites. Other sites in the locality that hold an Environmental Permit but do not fall under COMAH may be impacted by major accidents at the site, leading to escalating consequences. The Environment Agency is satisfied that the application contains an appropriate assessment of waste management matters, contamination and groundwater in relation to the protection of controlled waters and has correctly identified the need for additional permits and consents for the construction and operation of the project.