Lake Lothing Third Crossing

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Lake Lothing Third Crossing

Received 19 September 2018
From Environment Agency


Environment Agency – Summary of relevant representations

We consider that in relation to Flood Risk and Flood Modelling; the Sediment Transport Assessment and Water Framework Directive Assessment, the level of assessment presented is insufficient for reliance to be placed on its conclusions, therefore it does not provide an adequate basis for decision making. We request that the Requirements state the Environment Agency has prior approval of the Code of Construction Practice. We confirm that we are currently considering our position in respect of the draft protective provisions and our remit. Detailed explanation of these concerns will follow by email.

The Role of the Environment Agency

The Environment Agency is a statutory consultee on all applications for development consent orders. We have a responsibility for protecting and improving the environment, as well as contributing to sustainable development.

We have three main roles: as an environmental regulator, environmental operator and, environmental advisor.

Flood Risk and Flood Modelling

We are very concerned that our previous advice has not been adhered to in respect of flood modelling and so we cannot rely on the conclusions drawn in the Flood Risk Assessment (FRA), The FRA does not address the increase in hazard and risk offsite, which arises from the proposed development. The emergency procedures referenced in this section rely on practices already in place that do not take into account the proposed development. To ensure safety it is necessary for procedures to be drawn up that take account of the situation that will exist if the proposal is constructed. We have also set out the detail required in order to grant a Flood Risk Activity Permit or approve disapplication.

Sediment Transport Assessment

There is insufficient evidence presented to confirm that the risk to the water environment is low. We are also concerned that the Assessment has not considered impacts during construction and therefore has not provided sufficient evidence to make an informed decision.

WFD Assessment

We do not agree with some of the assumptions used in the Assessment or that the data supplied in some sections is sufficient. As such we do not yet consider the Assessment to be complete.

Protective Provisions
The Applicant seeks to disapply various pieces of legislation (Article 3, Part 1 of the draft Development Consent Order). We are currently considering our position in relation to the legislation relevant to the Environment Agency’s remit and the suggested draft protective provisions included in the draft DCO. We will be responding to the Applicant on these issues in due course and will provide the Examining Authority with an update

Draft Development Consent Order

We are pleased to note that the Requirement relating to the Code of Construction Practice (Schedule 2, Part 1, Article 4) requires that the Environment Agency should be consulted on the CoCP. For the avoidance of doubt we request that the Requirement includes provision for approval by the Environment Agency before approval by the County Planning Authority.

We trust that these comments are useful.