Bridgwater Tidal Barrier Order
Transport and Works Act 1992
Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
A12 Planning Statement
December 2019
Bridgwater Tidal Barrier Scheme Planning Statement
December 2019 We are the Environment Agency. We protect and improve the environment and make it a better place for people and wildlife. We operate at the place where environmental change has its greatest impact on people’s lives. We reduce the risks to people and properties from flooding; make sure there is enough water for people and wildlife; protect and improve air, land and water quality and apply the environmental standards within which industry can operate. Acting to reduce climate change and helping people and wildlife adapt to its consequences are at the heart of all that we do. We cannot do this alone. We work closely with a wide range of partners including government, business, local authorities, other agencies, civil society groups and the communities we serve.
Published by: Further copies of this report are available from our publications Environment Agency catalogue: Horizon House http://publications.environment- Deanery Road, Bristol, BS1 5AH agency.gov.uk or our National Tel: 03708 506 506 Customer Contact Centre: Email: enquiries@environment- T: 03708 506506 agency.gov.uk www.environment- agency.gov.uk Email: enquiries@environment- agency.gov.uk © Environment Agency
All rights reserved. This document may be reproduced with prior permission of the Environment Agency. Contents 1 Introduction...... 1 1.1 Overview of the Bridgwater Tidal Barrier Scheme consenting process ...... 1 1.2 Development overview ...... 2 1.3 Objectives ...... 2 1.4 Benefits of the scheme ...... 3 1.5 Consultation ...... 4 1.6 Structure of the Planning Statement ...... 6 2 Site and Surrounding Area ...... 7 2.1 Introduction ...... 7 2.2 Barrier ...... 7 2.3 Downstream Defences ...... 8 2.4 Fish and Eel Pass Sites ...... 10 3 Description of the Proposal ...... 14 3.1 Overview ...... 14 3.2 Barrier Site ...... 14 3.3 Downstream flood defences ...... 18 3.4 Borrow pit fields ...... 20 3.5 Fish and eel pass structures ...... 21 4 Planning Conditions ...... 25 4.1 Introduction ...... 25 4.2 Definitions ...... 25 4.3 Draft condition wording ...... 26 5 Mitigation Plan ...... 31 6 Planning Policy Context ...... 32 6.1 Introduction ...... 32 6.2 National Policy ...... 32 6.3 County Policy...... 35 6.4 Local Policy ...... 36 6.5 Conclusions ...... 58 7 Conclusion ...... 59
BTB Scheme - Planning Statement i | P a g e BTB Scheme - Planning Statement ii | P a g e 1 Introduction 1.1 Overview of the Bridgwater Tidal Barrier Scheme consenting process
1.1.1 The Planning Statement has been commissioned by the Environment Agency in support of its application for a Transport and Works Act Order (TWAO) including deemed planning permission. TWAO applications are made to, and determined by, the relevant Secretary of State who for this scheme is the Secretary of State for the Department for Environment, Food and Rural Affairs (Defra).
1.1.2 The application is for the Bridgwater Tidal Barrier Scheme (hereinafter referred to as the BTB Scheme). The BTB Scheme proposes construction of a tidal barrier, improvements to flood defence embankments and creation of new flood defence embankments together with works at 12 sites to improve fish and eel passage. The works are primarily in Sedgemoor District Council, but the fish and eel pass improvement sites are elsewhere, with five within the Somerset West and Taunton Council area and the other seven sites falling within the South Somerset District Council area.
1.1.3 Consent for the BTB Scheme is sought through a TWAO in accordance with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 as amended) as the construction of the BTB Scheme would interfere with the navigation rights in the River Parrett. Planning permission is required for the BTB Scheme and so the Environment Agency is also requested that the Secretary of State deems planning permission to be granted pursuant to section 90(2a) of the Town and Country Planning Act 1990.
1.1.4 This Planning Statement identifies relevant national, regional and local planning policy and explains how the BTB Scheme complies with and is supported by those policies.
1.1.5 The Planning Statement is one of a suite of supporting documents comprised within the Environment Agency’s TWAO and deemed planning permission application and should be read in conjunction with the following documents in particular:
§ Request for a Direction Deeming Planning Permission to be granted; § Planning Direction Drawings; § Consultation Report; § Design and Access Statement; § Environmental Statement (ES); § Flood Risk Assessment; § Draft Planning Conditions; and § Transport Assessment.
BTB Scheme - Planning Statement 1 | P a g e 1.2 Development overview
1.2.1 The Environment Agency is a non-departmental government body with statutory responsibility for the management of flood risk throughout England.
1.2.2 Bridgwater currently has flood defences which can only provide an approximate 1 in 100- year standard of flood protection. This means the probability of a flood that would breach the existing flood defences in any one year will be 1 in 100. However, flood risk is expected to rise as a consequence of predicted rises in sea level, with an increased risk of overtopping. It is also thought likely that the risk of breach will increase as the existing defences deteriorate. Events in recent years have demonstrated the direct threat posed by tidal flooding to the town, either through a breach in the existing defences or overtopping. Areas such as Chilton Trinity, Pawlett and Combwich also need a higher standard of protection, due to the increasing risk.
1.2.3 The BTB Scheme would ensure that flood risk within Bridgwater is managed and reduced so that properties are protected from flood events up to a 1:200-year level.
1.2.4 The BTB Scheme will comprise a tidal barrier across the River Parrett between Express Park and Chilton Trinity with new secondary and improved primary flood defences downstream of the barrier at Chilton Trinity, Pawlett and Combwich.
1.2.5 The TWAO will consider the impact of the barrier on existing and potential future commercial and recreational navigation, including the role of the barrier location, the gate type, frequency of operation, air draft and siltation risk. These issues have already been assessed and have heavily influenced the location and details of the barrier design. 1.3 Objectives
1.3.1 The BTB Scheme objectives were established by Environment Agency and Sedgemoor District Council project team members early in the appraisal stage. They have been closely followed throughout the appraisal and are included within the scheme’s approved Outline Business Case. The objectives are to:
§ Reduce tidal flood risk to the greatest number of properties and commercial businesses in Bridgwater and the surrounding area.
§ Reduce tidal flood risk to critical infrastructure and utilities in Bridgwater and the surrounding area.
§ Deliver a scheme that can be adapted for the future effects of climate change.
§ Align the project with the strategy set out in the PEFRMS.
§ Align the project with the recommendations set out in the ‘Protecting Bridgwater and the Somerset Levels & Moors from Tidal Flooding, Flood Risk Management Review’ (Black & Veatch, 2014).
BTB Scheme - Planning Statement 2 | P a g e § Ensure the design and operation of the scheme aligns with Local Plan policy for development and does not restrict the future development of Bridgwater and the surrounding area.
§ Minimise the impact on environmental receptors during the construction and operation of the scheme. Deliver mitigation as required to protect those receptors that may be affected, whilst maximising positive environmental outcomes.
§ Minimise health, safety and welfare risks associated with the construction, and operation of the BTB Scheme.
§ Identify funding and partnership opportunities and outline any additional work to gain financial contributions.
§ Develop a sustainable scheme that minimises future operation and maintenance. 1.4 Benefits of the scheme
1.4.1 The main benefit of the BTB Scheme would be the upgrading of key tidal defences for Bridgwater and the surrounding areas. The Scheme would reduce the risk of structural damage and collapse of defences within Bridgwater and address the risk of rapid onset of flooding threatened by more frequent overtopping of the defences in the future.
1.4.2 The BTB Scheme would result in 11,300 homes and 1,500 businesses having improved protection from tidal flood risk. The risk of death and serious injury would also be significantly reduced.
1.4.3 The proposed design would ensure that the flood defences are able to adapt to climate change over the next 100 years, coping with the expected rise in sea level during this time, which according to the UK Climate Projections 2009 are estimated to rise by approximately 0.75m1 in the next 100 years.
1.4.4 A range of public amenity opportunities and enhancements are proposed as part of the BTB Scheme, including:
§ Public Rights of Way (PRoW), pedestrian and cyclist connectivity along the River Parrett corridor / river access;
§ Foot and cycle bridge across the River Parrett;
§ Public areas at the barrier; and
§ Wetland habitat creation from borrow pits (approximately 4 ha).
1.4.5 Any future development will need to meet the requirements of the National Planning Policy Framework (NPPF) and associated PPG. It is also important to note that further site mitigation measures may still be required e.g. land raising, resilience/resistance measures etc.
1 UKCP09 Medium emission 95% projection
BTB Scheme - Planning Statement 3 | P a g e 1.5 Consultation
1.5.1 The Environment Agency has sought to undertake meaningful stakeholder engagement and public consultation throughout the development of the BTB Scheme. It is fully recognised that effective consultation provides an opportunity for statutory organisations, key stakeholders (including landowners) and other interested parties to inform option selection and the subsequent development of the Scheme. In turn, consultation enables the Environment Agency to gain a clear understanding of the key issues that stakeholders and the public wish to be addressed before an application is submitted for consideration.
1.5.2 Consultation for the scheme’s appraisal stage commenced in March 2016 and engagement will continue to occur throughout the scheme development and construction phases.
1.5.3 There has been consultation and engagement with a number of statutory and stakeholder organisations, including but not limited to:
§ Secretary of State (Defra),
§ Sedgemoor District Council,
§ Natural England,
§ Historic England,
§ Marine Management Organisation,
§ Environment Agency,
§ Bridgwater Town Council,
§ Parish Councils at Chilton Trinity, Cannington, Wembdon, Pawlett and Otterhampton,
§ Bridgwater Port Authority, and
§ The Harbour Master.
1.5.4 A number of stakeholder and public exhibitions were held:
§ 10th March 2016 a stakeholder meeting and public exhibition which summarised 7 potential barrier locations and gave a background to the scheme was held. Following this and the feedback received, 5 sites were taken forward for further assessment.
§ 15th September 2016 a stakeholder meeting and public exhibition was held, providing an update to the scheme and recommendations for two preferred sites for the barrier. There was general support for the scheme.
§ 15th March 2017, a public and stakeholder announcement was issued to all those who had expressed an interest in the scheme, giving an update on the preferred location and preferred gate type.
BTB Scheme - Planning Statement 4 | P a g e § June 2017, local community workshops were held with residents of Chilton Trinity and businesses at Express Park, as stakeholders directly affected by the construction and presence of the BTB Scheme. The aim of these workshops was to understand likely impacts of the barrier on directly affected residents, and any local aspirations for the appearance of the structure and local environmental improvements. Workshop outcomes were used to develop the barrier designs, environmental enhancement proposals and future detailed construction plans. These consultations identified local concerns for construction traffic within the village of Chilton Trinity; the Environment Agency subsequently ensured construction access plans would avoid regular access through the village and secured the alternative route to the left bank of the river past the Chilton Trinity Sewage Treatment Works.
§ A further stakeholder workshop and public exhibition took place on 10th July 2017 at the Bridgwater Town Hall. The workshop presented the preferred location for the barrier and the preferred barrier design, as well as scheme progress since the last events. This included an update on the EIA Scoping process, initial ideas on how the barrier could look and what environmental enhancements could be delivered alongside the scheme. Feedback was requested from consultees and the public via feedback forms and email, and consultation was open for 8 weeks after the event. Overall, the barrier, site location and environmental opportunities were well supported, and support was received for the downstream flood defence proposals, but some uncertainty remained around the detail. Outcomes of this workshop were used to develop the barrier designs, environmental enhancement proposals and future detailed construction plans.
§ A number of consultation activities took place with communities affected by the downstream flood defence proposals from August to November 2017. This included presentations by the Environment Agency at Otterhampton, Wembdon, Pawlett and Chilton Trinity Parish Council meetings, as well as landowner drop-in sessions at Chilton Trinity and Combwich, and a drop-in event for local businesses. These activities helped to provide further information on the proposals and to understand local issues to be taken into account as the designs developed. At Combwich, the consultation activities helped to understand local residents’ perceptions of their current flood risk and whether they feel improved flood defences are required.
1.5.5 There is a dedicated webpage and email address for the scheme for the provision of public information and for general enquiries:
§ www.sedgemoor.gov.uk/bridgwaterbarriertwao
1.5.6 The BTB Scheme Consultation Report and ES Chapter 5 (Consultation) provide further detailed information on the consultation undertaken by the Environment Agency during the development of the BTB Scheme.
BTB Scheme - Planning Statement 5 | P a g e 1.6 Structure of the Planning Statement
1.6.1 This Planning statement contains the following information:
§ Description of the site and surrounding area (Section 2);
§ Description of the proposal (Section 3);
§ Planning Conditions (Section 4);
§ Mitigation Plans (Section 5);
§ Planning policy review (Section 6);
§ Conclusions.
BTB Scheme - Planning Statement 6 | P a g e 2 Site and Surrounding Area 2.1 Introduction
2.1.1 This section provides a description of the site and its surroundings. The barrier site and downstream defences are shown in Figure 1 below.
Figure 1: Plan showing land use around the barrier site and downstream defences. (A larger plan is included with the ES Figure 12.1 showing the same information) 2.2 Tidal barrier
2.2.1 The barrier would be constructed across the River Parrett at Bridgwater (national grid reference (NGR) ST302390).
2.2.2 The River Parrett, which has the largest river catchment in Somerset, drains through the Somerset Levels and Moors in a north westerly direction via the Parrett Estuary into the Severn Estuary. The River Parrett has one of the highest tidal ranges in the world (up to 14m) and is tidal from Bridgwater Bay, where it joins the Severn Estuary, up to Oath Lock, some 34km upstream. The River Parrett is the only remaining major river in Somerset that does not have a sluice or other structure to exclude high tides.
BTB Scheme - Planning Statement 7 | P a g e 2.2.3 At the barrier site, both sides of the River Parrett comprise open grassland. On the right bank, beyond the existing flood defence embankment, lies part of the Express Park business park, adjacent to Bristol Road (A38). On the left bank, there is agricultural land with broadleaved woodland and beyond this the area of Chilton Trinity. The River Parrett Trail / England Coast Path also runs along the left bank. To the south of the site lies the Chilton Trinity Sewage Treatment Works (STW) and further beyond this Bridgwater town centre.
2.2.4 There are archaeological remains, historic buildings and historic landscape features that have been identified in the ES. However, none of these are within the site boundary or within 500m of it. 2.3 Downstream defences
2.3.1 The downstream defence sites are located in the following areas:
Combwich
2.3.2 The location of the proposed secondary flood defence immediately south of Combwich consists of improved grassland used for grazed pasture. The existing primary flood defence at this location which abuts agricultural land used for pasture (northern section) and arable production (southern section), is classified as Agricultural Land Classification (ALC) Grade 3. Low spots within the existing primary flood defence to be raised are located in the village of Combwich, four of these locations are along the flood embankment that passes through Combwich Common and associated public amenity areas including a children’s play area, playing fields and a cricket pitch. Combwich Common is officially designated as a Village Green. South of Combwich lies a large fishing lake, and to the east on the edge of the River Parrett is Combwich Wharf.
2.3.3 The borrow field that will provide material for works at Combwich is located adjacent to the bank of the River Parrett approximately 2km south east of Combwich and consists of cultivated land used for arable production and is classified as ALC Grade 3. A temporary haul route will be required between the borrow pit and the works area, this will follow along the landward toe of the existing embankment, passing through agricultural land classified as ALC Grade 3.
2.3.4 Two possible satellite construction compound locations have been identified at Combwich of which only one will be used. The first of these is currently being used by EDF for the Combwich Wharf element of the Hinkley Point C works, and this is the preferred location for the Combwich satellite compound. It is anticipated that this location will be available for use when the works at Combwich are programmed to commence, this will prevent an additional field from being disturbed and temporarily removed from use. Previously this land consisted of improved grassland used for grazed pasture and is classified as ALC Grade 3, for the purposes of this assessment and to ensure a precautionary approach is followed, this field will be considered as ALC Grade 3 agricultural land. The second possible satellite compound location, adjacent to a private access road, consists of improved grassland used for grazed pasture and is also classified as ALC Grade 3.
BTB Scheme - Planning Statement 8 | P a g e Chilton Trinity
2.3.5 The location of the new secondary flood defence to the north of Chilton Trinity consists of improved grassland and poor semi-improved grassland used for grazed pasture and cultivated land used for arable production. The majority of the land is classified as ALC Grade 3 with a small area (approximately 200m length) at the western end of the new secondary flood defence classified as ALC Grade 2. The western end of the new secondary flood defence (at Perry Wood Farm) is located on land included within a Countryside Stewardship Scheme agreement.
2.3.6 The existing primary flood defence to the east of Chilton Trinity abuts agricultural land used for pasture and is classified as ALC Grade 3.
2.3.7 Three of the four borrow fields located north east of Chilton Trinity consist of improved grassland used for grazed pasture and cultivated land used for arable production (north- eastern most of the four), all three are classified as ALC Grade 3. The fourth borrow field located north east of Chilton Trinity, a small triangular field within ‘the Sanctuary’ (part of Springwood Fishery), is classified as ALC Grade 3, however it currently comprises a construction site. In order to ensure a precautionary approach this field will be considered as ALC Grade 3 agricultural land. The borrow field located north west of Chilton Trinity consists of cultivated land used for arable production and is classified as ALC Grade 3.
2.3.8 The Lower Lakes holiday lodges, Chilton Trinity fishing lakes and Sutton’s Ponds Nature Reserve are located to the north of Chilton Trinity, and Perry Wood Farm to the west, with Chilton Trinity School and Saltlands community woodland located to the south. A new fishing lake development is currently under to the east of the Lower Lakes holiday lodges. A new housing development, 'Chilton Waters', has been constructed approximately 300m north west of the barrier site, where 65 new homes were built in 2017 on the old ‘Brickworks’ site. The Chilton Trinity STW and a recycling depot are located approximately 500m and 1km south of the barrier site respectively
2.3.9 The location of the compound/ materials storage area on the left bank of the River Parrett, east of Chilton Trinity, consists of improved grassland used for grazed pasture and is classified as ALC Grade 3. An access track will be constructed between the entrance of the Chilton Trinity STW and the barrier on the left bank. This access track passes along the boundary of agricultural fields, however the ALC maps classifies the majority of this area as Urban. Following a review of aerial imagery and Phase 1 Habitat Survey plans it is considered that this land is used for agriculture, therefore to ensure a precautionary approach the assessment will consider this land as ALC Grade 3.
2.3.10 As well as the compound/materials storage area mentioned already, two further satellite compounds have been identified to facilitate works around Chilton Trinity. These are located north west of Chilton Trinity on agricultural land classified as ALC Grade 3. Temporary haul routes within the working area will cross agricultural land classified as ALC Grade 3.
Pawlett
2.3.11 The location of the new secondary flood defence south west of Pawlett consists of improved grassland used for grazed pasture and is classified as ALC Grade 3. This land is
BTB Scheme - Planning Statement 9 | P a g e covered by an Environmental Stewardship Agreement. The existing primary flood defence abuts agricultural land comprising a mixture of pasture and arable fields. The proposed borrow field south of Pawlett consists of improved grassland used for grazed pasture and is classified as ALC Grade 3.
2.3.12 One satellite compound is required at Pawlett. The compound is located to the west of River Road and consists of improved grassland used for grazed pasture. The location is classified as ALC Grade 3 and the land is covered under Agricultural Environmental Agreements. To facilitate construction, temporary haul routes will be required, crossing agricultural land classified as ALC Grade 3 and covered by Agricultural Environmental Agreements. Where possible these will follow field boundaries and utilise existing accesses into fields.
2.3.13 Pawlett and Walpole are the main residential areas within this area. Approximately 1.5km upstream of Pawlett is the industrial area of Dunball, including Bibby’s Wharf, and Dunball Wharf and Industrial Estate. Two areas of undeveloped land either side of the A38, immediately north of Dunball Roundabout are allocated for Industrial Warehouse and Business use within the Local Plan.
2.3.14 In addition to the land allocations under the Local Plan, Sedgemoor District Council has also identified the Bristol Road North Development Site to accommodate potential future development and employment needs. Large areas of the Bristol Road North area are already developed including Dunball Wharf and Industrial Estate and a temporary park and ride facility (which is designed to support the ongoing construction of Hinkley Point C nuclear power station), has been constructed and is operational in the north west of the development area. 2.4 Fish and eel pass sites
2.4.1 The proposed fish and eel pass sites include five sites within the Somerset West and Taunton Council authority area:
§ Firepool Weir, River Tone - Firepool Weir is located in central Taunton between the A3038 (Priory Bridge) and A3087 road bridge crossings at NGR ST2308325289. Firepool Weir comprises a weir on the River Tone, with concrete footbridge above, and apron downstream. Directly north of the primary weir, lies an old side weir, the sluice gates and existing pool and weir ‘salmon leaps’ fish pass structure against the northern wall on the left bank.
§ French Weir, River Tone - French Weir is also located in central Taunton, at NGR ST2204224743. French Weir is positioned within the south-western corner of French Weir Park between the A38 in the west and the A3027 in the east, approximately 190m north of Castle Street in the town centre.
French Weir Park is a small community park and recreational ground, covering 2.4 hectares, including a small wooded area and the banks of the River Tone which offers open space and a range of recreational amenities for the public including a coffee shop, children’s play area and the Centre for Outdoor Activity & Community Hub (COACH) building. There are no residential properties in the immediate vicinity of the
BTB Scheme - Planning Statement 10 | P a g e weir, with the closest properties located approximately 50m to the south-east being of commercial use. The closest residential properties are located over 140m from French Weir and Castle School is located in excess of 320m west of the weir.
§ Bishops Hull Gauging Station, River Tone - Bishops Hull Gauging Station is an Environment Agency owned asset positioned on the River Tone and located approximately 200m north of Bishops Hull, on the western periphery of Taunton (at NGR ST2057425023). There are no residential or commercial properties immediately adjacent to the gauging station, with the closest property ‘The Old Mill’ being approximately 50m east (also known as the Grade II Listed Bridge House) directly adjacent to the Tytherleigh Bridge and Netherclay. Tytherleigh House is located approximately 140m east and the Grade II Listed ‘Netherclay House’ retirement village is located approximately 100m southwest of the weir. Milligan and Milligan Hall Cottages are located on the opposite side of Netherclay (to the proposed works).
§ Longaller Weir, River Tone - Longaller Weir located on the River Tone (at NGR ST1947025269) is approximately 3km west of the centre of Taunton and approximately 1km north-west of the centre of Bishops Hull. Road access to Longaller is via Barr Lane and Upcott Road, Bishops Hull; with no direct vehicle access to the weir itself on either bank of the river.
Longaller Bridge provides access over the River Tone approximately 240m south-east of Longaller Weir, to Mill Cottages and Longaller Mill. Longaller Mill is a private residential property located approximately 220m east of the weir and is Grade II Listed. Oldbury Lodge is also located approximately 175m south of Longaller Weir on Barr Lane; with the Grade II Listed ‘The Firs’ and ‘Barr House’ properties located approximately 190m and 200m south of the weir respectively.
The left bank is heavily vegetated with dense tree cover, whilst the right bank is more accessible via open farmland to the south.
§ Bradford on Tone weir, River Tone - The Bradford on Tone weir is located on the River Tone, at NGR ST1745523187, approximately 250m north-east of St Giles’ Church in Bradford on Tone. Mill House, a private dwelling, is located within 80m of the weir. Approximately 100m south of the weir lies Grade II Listed Bradford Court, a further private residential property.
The immediate area is heavily wooded, particularly on the left bank of the weir; with direct access to the structure restricted. Access to the weir is via adjacent private fields and the footpath to the north, which commences at Regent Street, adjacent to the weight and width restricted Grade II* Listed Bradford Bridge, which is a Scheduled Monument.
2.4.2 There are seven eel pass sites proposed within the South Somerset District Council authority area:
§ Thorney Mill Sluices, River Parrett - Thorney Mill Sluices is located within the village of Thorney, South Somerset, approximately 20km east of Taunton and 14km west of
BTB Scheme - Planning Statement 11 | P a g e Yeovil. The River Parrett runs parallel with Thorney Road from the village of Kingsbury Episcopi in the south, towards Thorney; passing through Thorney Mill Sluices in the south-east of the village at NGR ST4288822622.
The site is located directly adjacent to the Grade II Listed Thorney Mill and also Grade II Listed Thorney Mill House. There are numerous other residential properties in Thorney, including further listed buildings along Thorney Road.
§ Ham Weir, River Parrett - Ham Weir is located approximately 9km west of Yeovil, approximately 1.5km west of the village of Martock and 1km east of the village of East Lambrook, South Somerset. Positioned at NGR: ST4426019074. The River Parrett runs north from the A303 towards Hawthorn Hill lane and Kingsbury Episcopi beyond; dividing at Ham Weir into two channels, before rejoining into to a single channel approximately 580m downstream.
The weir site is surrounded by agricultural fields, with no residential properties in the immediate vicinity. The closest properties being approximately 600m north on Hawthorn Hill and the properties at Parrett Works which include Southfork Caravan Park and further commercial businesses.
§ Monk’s Leaze Clyse, River Parrett - Monk’s Leaze Clyse is located on the River Parrett at NGR ST4094027609, approximately 1.2km north-west of Langport in South Somerset. The Environment Agency-owned asset controls the flow of water from the River Parrett to the Sowy River (flood diversionchannel) which runs parallel with the right bank of the River Parrett, north-west to Stathe before diverting north-east towards Othery. It is used to carry excess water from the River Parrett to King’s Sedgemoor Drain.
There are no residential or commercial properties in the immediate vicinity of Monk’s Leaze Clyse. The closest residential properties are located in Combe, 700m north of the sluice structure.
§ Ablake Weir, River Yeo - Ablake Weir is located on the River Yeo, approximately 3.5km south-east of Monk’s Leaze Clyse on the opposite side of Langport. The Environment Agency owned asset is positioned approximately 1.5km south-east of Langport, at NGR ST4411526106, in South Somerset. A track directly from the A372, approximately 245m north of Ablake Weir, provides access to both banks of the River Yeo at this location; with two bridges providing access to the left bank adjacent to the Huish Episcopi Pumping Station. There are no residential or commercial properties in the immediate vicinity of Ablake Weir, with the closest residential properties located along the A372 in Pibsbury.
§ Long Load Sluice, River Yeo - Long Load Sluice is located on the northern periphery of the village of Long Load, approximately 5km south of Somerton in South Somerset. Long Load Weir Sluice is positioned at NGR ST4693823731, approximately 60m upstream of Long Load Pumping Station where the Witcombe Bottom Main Drain joins the River Yeo. Access to the site is via a track from the B3165 at the north of Long Load; approximately 100m south of the Grade II* Listed Long Load Bridge. The
BTB Scheme - Planning Statement 12 | P a g e track passes over Witcombe Bottom Tilting Weir via a bridge before heading south towards the sluice, along the left bank of the River Yeo. There are no residential or commercial properties in the immediate vicinity of Long Load Sluice, with the closest residential properties located along the B3165 in the village, in excess of 230m west of the sluice location.
§ Witcombe Bottom Tilting Weir, River Yeo - Witcombe Bottom Tilting Weir on the River Yeo, located on the northern periphery of the village of Long Load, approximately 5km south of Somerton in South Somerset. Witcombe Bottom Tilting Weir is positioned at NGR ST4686723764, at Long Load Pumping Station where the Witcombe Bottom Main Drain joins the River Yeo. Access to the site is via a track from the B3165 at the north of Long Load; approximately 100m south of the Grade II* Listed Long Load Bridge. There are no residential or commercial properties in the immediate vicinity of the weir, with the closest residential properties located along the B3165 in the village, in excess of 200m west of the Witcombe Bottom Tilting Weir.
§ Midelney Pumping Station Weir, River Isle - Midelney Pumping Station Weir is located north-east of the hamlet of Midelney in South Somerset, approximately 1.5km south-east of the village of Drayton and 1.2km north-west of Thorney. The weir is an asset adjacent to Midelney Pumping Station (65m south-west) at the confluence of the River Isle and the River Parrett. Midelney Pumping Station Weir itself is located on the River Isle, at NGR ST4168423511, with the West Moor Main Drain flowing through the pumping station and outfall to the River Isle downstream of the weir.
BTB Scheme - Planning Statement 13 | P a g e 3 Description of the Proposal 3.1 Overview
3.1.1 The BTB Scheme comprises a tidal barrier across the River Parrett between Express Park and Chilton Trinity (as shown in Figure 3), operational buildings in Express Park, new secondary and improved primary flood defences downstream of the barrier at Chilton Trinity, Pawlett and Combwich and fish and eel pass improvement works upstream. The barrier and flood defences would provide a 1 in 200-year standard of tidal flood protection to Bridgwater and downstream communities.
Figure 3: Indicative visualisation of Bridgwater Tidal Barrier and ancillary development on Express Park 3.2 Barrier site
Tidal barrier
3.2.1 The barrier is designed to be operated for tidal flood risk management at the onset of a surge tide, anticipated to be on average between 1 and 5 times a year when the barrier first becomes operational. It will also be operated for testing and staff training, and for maintenance purposes. The structure requires ancillary facilities for control equipment, administration, materials and equipment storage and staff parking; these will be located primarily within Express Park.
3.2.2 The barrier will include the following components:
BTB Scheme - Planning Statement 14 | P a g e 3.2.3 Two vertical lift gates each 15.6m wide and 10m high. During normal (non-operational) conditions, the gates will be held in the open (raised) position, with a minimum level of approximately 9.5mAOD. When the gates are in the closed position, the amount of gate visible above water on either side of the gates will change continuously with the tide and the volume of stored water in the river upstream of the gates. Water levels will also vary depending on the operation, when it is operated within the barrier’s design life and the size of the flood event. The gates are proposed to be a pale dusty grey-blue colour.
3.2.4 Three towers to support the gates. These will consist of a central tower in the river channel and an outside tower on each of the river banks. The outside towers will be positioned on raised riverside platforms on the river banks. The towers will contain access stairs and lift to an overhead bridge. They will be of concrete construction, and a pale grey colour with white central vertical ‘ribbons’ running along the north and south faces. The eastern and western towers will be 25.6m in height, and the central tower slightly lower at 22.3m high above the surrounding ground level. The design principles supporting the colour selection for the towers is to express the specific qualities of the barrier as a functional but architecturally meritorious landmark structure. The use of differing but complementary colours and tones for the varying elements of the barrier will both assist to break up its mass and help to articulate its overall form and disparate parts to aid its legibility.
3.2.5 A high-level bridge will connect the three towers. The bridge will carry the equipment to operate the gates and will also provide operational and maintenance access between the towers for operations personnel. The bridge will be of steel construction and will be enclosed within an oval frame formed of ribbed, plated and welded aluminium painted white. It will include vision panels to allow a view of the river from the operational equipment within the bridge.
3.2.6 Within the river channel, the towers will be supported on a 2m thick reinforced concrete base and with 1.5m diameter steel cased reinforced concrete piled foundations extending between 19m and 27m below ground level. The gates will close onto this concrete base in the river bed.
3.2.7 The river bed will be protected from erosion by the concrete base extending some 13.5m downstream and upstream of the gates. For a distance of 15m upstream and downstream of the concrete base, the river bed will be protected with rock rip-rap. Together with the concrete base, the complete length of built structures within the channel (on the river bed) is 57m and this extends across the full channel width.
3.2.8 Raised riverside platforms will be provided on both banks of the barrier to link the barrier to the adjacent primary flood embankments and ensure a complete line of flood defence. Compounds are to be provided on the raised riverside platforms for normal operational purposes; these will be enclosed within secure fencing and will occupy approximately one third of each platform.
3.2.9 The existing alignment of the footpath BW10/12, the England Coast Path (ECP) and the River Parrett Trail (RPT), where they coincide with the footprint of the barrier structure on the left bank, will be permanently diverted to the west of the structure, returning to their original routes within short distances (approximately 150m) downstream and upstream of the barrier. It is proposed that a permissive path is provided along the flood defence embankment at this location, including across the left bank barrier platform, BTB Scheme - Planning Statement 15 | P a g e running upstream and downstream of the barrier to provide links between footpath BW10/12, the ECP and RPT and the permissive footpath and cycleway that will be provided across the barrier as part of this scheme. The proposed arrangement is intended to allow the existing routes along the flood defence embankment to continue to be used for the majority of the time, with the formally diverted routes only needing to be used infrequently, i.e. when the Environment Agency needs to close the permissive routes to allow operational or maintenance activities to take place on this side of the river.
3.2.10 In addition, a short section (up to ~100m) of footpath BW10/16 will be permanently extinguished beyond the point where the path joins the diverted ECP / RPT/ BW10/12.
3.2.11 The barrier structure is expected to incorporate directional lighting that would be required only when the barrier is operated. It is assumed this directional lighting would be required through the full duration of the barrier closure. At all other times (i.e. when the gates are held open), this lighting would not be in use. Warning lights are likely to be required at all times either side of the barrier structure for navigational purposes (i.e. red lights when there is a barrier closure and green lights when the barrier is open). In addition, signage will be required along the River Parrett on the upstream and downstream approach to the barrier structure for navigational purposes. The signage is expected to be solar powered LED matrix type and located in the vicinity of Dunball Wharf (downstream of the barrier) and Bridgwater Docks (upstream of the barrier). It is assumed this signage will be positioned in agreement with the site operators and so as not to cause disturbance to any local residents or block existing views in these locations.
3.2.12 Permanent access tracks will be provided to both sides of the barrier structure. On the right bank, this will be within Express Park. On the left bank, the temporary access track used for construction west of the Chilton Trinity STW will be upgraded to form a permanent operational access. The left bank access will require the permanent removal of approximately 60m2 broadleaved woodland where the route passes through the corner of the field immediately upstream of the barrier.
3.2.13 On the left bank of the barrier, shrub and tree group planting, comprising a woodland mix of native species, is proposed on the slopes around the raised riverside platform. As this planting matures over time, it will screen views of the platform and soften and filter views of the barrier from Chilton Trinity, as well as help to integrate the barrier into the receiving landscape and provide biodiversity value. A new hedge is also proposed to be planted along the landward side of the permanent access track located immediately to the south of the barrier. This hedge will link the shrub and tree group planting to an existing area of scrub and woodland south of the barrier site.
Ancillary Structures
3.2.14 Ancillary development is required close to the barrier for operational use by the Environment Agency. This will include the provision of a control building, two stoplog storage sheds and car parking within a currently disused plot on the south western corner of Express Park. The ancillary development will also serve as the meeting point for site visits and site-based meetings.
3.2.15 The 2-storey control building will occupy a footprint of approximately 36m x 17m (612m2) and will include a control room, welfare facilities, generator and electrical rooms, spares storage, a meeting/events room and offices. It will be clad primarily with aluminium BTB Scheme - Planning Statement 16 | P a g e composite cladding with a silver-grey finish, and pre-cast concrete cladding on the lift shaft. The control room on the first floor and entrance area on the ground floor will be glass-clad. The building will also include photovoltaic panels mounted on the roof to provide renewable energy. In order to ensure clear visibility from the control room to the barrier structure, 8 existing hybrid poplar trees will require removal. Replacement planting is proposed across the Express Park site.
3.2.16 Two stoplog storage sheds are to be located adjacent to the control building. These will be approximately 10m wide x 17m long and 3.5m in height. Stoplogs are required to allow the gates to be maintained in the dry. Car parking bays will also be provided within this area.
3.2.17 The control building will not be permanently manned. During routine operational or maintenance closures of the barrier, it is anticipated there could be 3-5 operatives on site at any time. When the barrier first becomes operational, these numbers may be exceeded while staff undergo training.
3.2.18 Power to the barrier and control building will be from the local supply network. Should this fail, the back-up generator will provide the power required.
3.2.19 When operated for maintenance, testing and flood risk management, the noise generated at the barrier will be lower than 85dB(A) at 1m from the source. During some non-routine maintenance operations, it is likely that the installation of mobile cranes will lead to some noise at the site.
3.2.20 The design life of the barrier structure is 100 years. It is currently assumed that the barrier would continue to be used and/or adapted after 100 years.
Figure 4: New operational buildings in Express Park
BTB Scheme - Planning Statement 17 | P a g e Foot and cycle bridge
3.2.21 A foot and cycle bridge would be installed as part of the barrier structure to provide public access across the river. It is proposed to be of steel construction, with 1.4m high railings either side for public safety. It will span the river, a distance of approximately 41m, and will be a minimum of 3.5m wide. It is likely to require some low-level lighting to guide users.
3.2.22 The foot and cycle bridge provides an opportunity for viewing the barrier and is an important contribution to Sedgemoor District Council’s Green Infrastructure Strategy (Sedgemoor District Council, 2011). There may be infrequent occasions when this bridge is required to be closed to the public, for example if extensive maintenance works are being carried out; it will not therefore be formally adopted as a public right of way but is proposed to form a permissive pedestrian and cycle route.
3.2.23 Users of the foot and cycle bridge will be directed on to the route of the RPT / ECP on the left bank through the use of the shrub and tree group screen planting, as detailed above. This will encourage existing riverside routes to be used rather than increasing usage of footpaths into Chilton Trinity. Users moving from the left to the right bank will similarly be directed onto the ECP and / or a permissive cycle path that is proposed along the river bank to the south of Express Park, to link the bridge crossing with the existing wider cycle network to the east. 3.3 Downstream flood defences
3.3.1 New secondary and improved primary downstream flood defences would be constructed and would generally have a 5m crest width and 1:4 or 1:5 embankment slopes and would incorporate access ramps as required. Tree and hedgerow removal would be avoided where possible.
3.3.2 The secondary flood defence embankments would incorporate culverts, bunds (infilling of ditches beneath the new embankments where there is no existing connectivity with other drainage channels) and penstocks as appropriate to maintain the existing drainage arrangements, along with field access ramps to facilitate access onto or across the defence and measures to prevent burrowing animals (incorporation of stone capping) at the locations of reinstated hedges.
3.3.3 The downstream flood defence proposals include the following works:
Chilton Trinity
§ Raising the existing primary flood embankment on the left bank of the River Parrett by 0.2-1.0m for some 900m downstream of the barrier. The work here will also involve crossing an existing outfall structure at Pims Clyse; this will involve driving sheet piles over a distance of approximately 95m across the landward and riverward sides of the outfall (approximately 55m on the landward side and 40m on the riverward side) to enable the embankment above to be raised. The designs have avoided directly impacting ponds as far as possible. This has been unavoidable adjacent to the works at Pims Clyse. These works will also result in the permanent removal of an approximately 100m length of hedgerow. Piling works here have been programmed BTB Scheme - Planning Statement 18 | P a g e to avoid the most sensitive period for badger breeding due to known setts located within 45m from the works.
§ Construction of a new secondary flood defence embankment to the north of Chilton Trinity. To the east of Straight Drove, this will include an embankment 1.45m in height on average, over a length of approximately 1km around existing field boundaries or along existing tracks. At Straight Drove, localised road raising will link the new secondary flood embankment to the east to that located to the west. The embankment to the west of Straight Drove will also border existing field boundaries over a length of 2.35km and an average height of 1.8m. A sheet piled cut off will be incorporated into the new embankment over a length of approximately 550m at the western end near Perry Wood Farm due to the expected presence of porous soils; this will prevent seepage beneath the embankment during a flood event.
§ A permanent diversion is also required for part of PRoW BW34/36 will be required where this coincides with the secondary flood defence embankment. This path will be diverted by up to 15m from its present alignment over a length of approximately 250m.
Pawlett
§ Raising the existing primary flood embankment south of Pawlett by 0.4m to 0.7m for approximately 950m and construction of a new, 1.8m high secondary flood embankment northwards for approximately 440m.
§ The works at Pawlett involve raising the defence over an existing outfall structure at Brickyard Clyse / Pawlett Outfall; earthworks and the placing of stone gabions will enable this.
§ An existing flood defence wall on the riverward side of Brickyard Cottages will also be rebuilt and raised by approximately 0.7m; the wall will have bored piled foundations for a length of approximately 85m and incorporate 0.8m high glass panels as mitigation to maintain and open up existing views from the adjacent properties and avoid significant negative effects on the visual amenity of the residents.
Combwich
§ Raising the existing primary flood embankment south east of Combwich by 0.5-1.0m for some 1.2km and construction of a new 1.4m high secondary flood embankment over a length of 800m to the south of the village.
§ Raising and subsequent widening work on the existing primary flood embankment will take place from the landward side of the defence only to avoid any temporary or permanent footprint on the foreshore of the River Parrett. It will also involve passing Tuckett’s Clyse; the culvert here will be extended to allow for the raised and widened embankment above.
BTB Scheme - Planning Statement 19 | P a g e § At Combwich Pill, repair work will be undertaken to the existing wall and measures to prevent unauthorised access will be incorporated, but there will be no increase in wall height or length. Downstream of Combwich Wharf, the proposals include raising low spots in the existing flood defence embankment to provide a consistent flood defence level, with no increase in overall defence height, length or width.
3.3.4 The secondary flood defence embankments cross approximately eighteen ditches / rhynes. These defences will therefore incorporate culverts (with penstock or flap valve controls), or bunds (infilled sections of ditch beneath the new embankments, where the connection is not required for land drainage) to ensure that existing drainage arrangements can be maintained, whilst minimising the need for new control structures. Each culvert or infilled section of ditch will be approximately 20m long. The final arrangement of control structures and bunds will be determined during the detailed design stage, when topographical survey data will be available and in consultation with the Somerset Drainage Boards Consortium (SDBC). The final design will be in accordance with a set of guiding principles that have been agreed with the SDBC. These principles also set out the responsibilities of each party during construction, operation and maintenance of new control structures.
3.3.5 The secondary flood defence embankments will incorporate field access ramps to facilitate access onto or across the defence. Measures to prevent burrowing animals (incorporation of stone capping) will be included at the locations of reinstated hedges.
3.3.6 Field gates will be provided adjacent to the primary and secondary flood defence embankments to maintain existing access between fields, and on top of the embankments to provide access for vehicles for future maintenance and inspection.
3.3.7 The downstream flood defences will have no operational lighting requirements.
3.3.8 The new secondary and improved primary downstream flood defences are designed to the flood defence levels required in 2055. Their alignments have been chosen so as to allow raising and widening in future years.
3.3.9 It is assumed the downstream flood defences would continue to be raised in future years, in line with sea level rise. Decommissioning of the structures will therefore not be considered within the environmental assessments. The level of raising will be subject to sea level rise and the rate at which the embankments deteriorate and therefore cannot be designed or assessed in detail at this time. Any requirements for raising the downstream flood defences in future years will form projects in their own right, with the appropriate level of environmental assessments undertaken at that time. 3.4 Borrow pit fields
3.4.1 It is proposed that the fill material required to raise the existing and construct the new flood defence embankments at Chilton Trinity, Combwich and Pawlett will be sourced entirely from borrow pits located near to the works. This will avoid the need to import fill material, significantly reduce disruption to the local road network and subsequent carbon footprint from vehicle movements, as well as providing an opportunity to create biodiversity improvements within the local landscape.
BTB Scheme - Planning Statement 20 | P a g e 3.4.2 A number of fields have been identified as having the potential to provide this borrow material. The exact arrangement within the identified fields will be dependent on further consideration of material suitability, buried archaeology, other environmental constraints, and the proximity of the borrow pit to the proposed flood embankments. Where there are no significant differences between adjacent fields, the Environment Agency will give preference to locations where land owners have given a binding commitment to provide long-term biodiversity improvements.
3.4.3 It is proposed that after extraction of the fill material, the borrow pits will be left as open permanent or semi-permanent bodies of water, that are filled over time by ground water and rain water. These new water bodies will provide wetland habitat and an opportunity for the development of ‘stepping stone’ linkages between core wetland habitats in Somerset.
3.4.4 The following principles will be applied to the identification, design and excavation of the locations of the borrow pits within the identified fields, in order to promote a positive environmental outcome:
§ A borrow pit shall be left as an open permanent or semi-permanent body of water
§ A borrow pit shall not be used for landfill purposes
§ Borrow pits will not be located so as to impact upon existing water bodies (e.g. drains, ditches, ponds). No connection will be provided to any other water body
§ Care will be taken to ensure that borrow pits are located away from internationally designated nature conservation sites
§ Borrow pits will be located and excavated so as to avoid known archaeology and designated heritage assets
§ Known environmental sensitivities will be taken into account when considering location and whether there are any further environmental opportunities to be realised
§ Opportunities for maximum ecological enhancement will be realised through design, incorporating depth and edge variety
§ Borrow pits will contribute to no overall net loss in biodiversity. 3.5 Fish and eel pass structures
3.5.1 The environmental assessment indicates that more frequent operation of the barrier, predicted to occur after 2055, to prevent flooding, may constitute a significant obstacle to the migration of fish and eels in the River Parrett.
3.5.2 Small scale improvements to 12 existing weirs or other structures within the catchment are proposed which will improve the overall ability of fish and eels to move through the river system, despite the introduction of the barrier. The works required are generally modest and include the construction of fish and/or eel passes. A detailed description of these proposals is provided in Chapter 18 (Upstream fish and eel passage) of the ES. BTB Scheme - Planning Statement 21 | P a g e 3.5.3 The following sites are part of the BTB Scheme:
Firepool Weir, River Tone
3.5.4 The existing structure allows for fish passage upstream and downstream via a pool and traverse fish pass; however, this is inefficient and provides a significant barrier to eels and requires modifications in order to optimise fish passage. A new gravity fed eel pass is also proposed to be fitted to the side wall of the modified fish pass.
French Weir, River Tone
3.5.5 The existing structure allows for fish passage upstream and downstream via the pool and traverse fish pass; however it currently provides a significant barrier to eel passage and migration. Proposals comprise the installation of timber beams with curved notches to control the flow into the pass. This will reduce the turbulent flows that make it difficult for the fish to find the pass. A gravity fed eel pass will be installed to the side wall of the fish pass.
Bishops Hull Gauging Station weir, River Tone
3.5.6 There is no current fish or eel passage provision, and the weir crest creates a partial barrier to salmon migration. Proposals comprise a reduction in the level of the right third of the weir crest to improve fish passage by increasing the area of movement for the fish and eel stud tiles on the right wing wall of the weir.
Longaller Weir, River Tone
3.5.7 There is an existing fish pass present but no eel pass. The weir is mostly dry in low flows due to a third-party hydropower scheme affecting water levels. The turbulent flows of water before the fish pass it makes it difficult for fish to enter. Proposals therefore comprise increasing the levels downstream of the fish pass with a rock pre-barrage and lowering the weir crest nearest to the pass. Additionally, baulks and eel stud tiles will be fixed to the weir face.
Bradford on Tone weir, River Tone
3.5.8 There is significant obstruction to fish and eel migration with no existing pass structures in place. This causes a considerable obstruction to upstream and downstream fish passage. Proposals therefore comprise the construction of a rock ramp pass in a channel on the left bank through a woodland to allow fish and eels to bypass the weir.
Thorney Mill Sluices, River Parrett
3.5.9 The existing tilting weir and sluices form an obstruction to eel migration due to eels avoiding the turbulent flows created after weirs and the physical stoppage caused when the gate is shut. Proposals comprise the construction of a gravity fed eel trough primarily fixed to the existing channel wing wall. This will provide the eels with a safe route to travel over the weir and avoid the sluice gates.
BTB Scheme - Planning Statement 22 | P a g e Ham Weir, River Parrett
3.5.10 The current weir is a significant barrier to eel migration due to the turbulent flows and large drop after the weir. Proposals comprise installation of eel stud tiles to the right hand side of the weir face. This will provide a route for eels to safely travel both up and downstream.
Monk’s Leaze Clyse, River Parrett
3.5.11 An existing steel sluice forms an obstruction to eel migration as it blocks the entrance to the Sowy River. Proposals comprise the construction of a pumped eel pass fixed to, or behind the existing sluice wing wall with a pump to supply water to the pass.
Ablake Weir, River Yeo
3.5.12 The existing weir creates an obstruction to eel migration due eels avoiding the turbulent flows created after weirs. A gravity fed eel pass installation is proposed to the right side of the weir to allow eels to pass safely over the weir in both directions.
Long Load Sluice, River Yeo
3.5.13 The existing steel sluice gate and weir forms an obstruction to eel migration due eels avoiding the turbulent flows created after weirs and the physical stoppage caused when the gate is shut. Installation of a gravity fed eel pass to the right side of the weir to allow eels to pass safely over the weir in both directions and avoid the sluice gate when closed is proposed.
Witcombe Bottom Tilting Weir, River Yeo
3.5.14 Current tilting weir forms an obstruction to eel migration due eels avoiding the turbulent flows created after weirs. Proposals comprise a gravity fed eel pass constructed over or around the tilting weir structure to allow eels to pass safely in both directions and encourage the eels to use the route.
Midelney Pumping Station Weir, River Isle.
3.5.15 A pumping station and small weir are currently present at the site. The weir creates an obstruction to eel migration as eels avoid the turbulent flows created after the weir. A gravity fed eel pass is proposed to be constructed over or around the weir structure to allow eels to pass safely in both directions and encourage the eels to use the route. 3.6 Construction
3.6.1 The complete BTB Scheme is expected to take approximately 4 years to construct. Construction is expected to start in 2022, with planned completion of the entire scheme in 2025.
3.6.2 Construction works for the barrier including landscaping and the installation of the operational buildings, would run from 2022 to 2025. The downstream flood defence works will be constructed in separate sections through the drier months as is appropriate for earthworks. Construction works have been programmed to avoid effects on known
BTB Scheme - Planning Statement 23 | P a g e ecological receptors as far as possible. Vegetation clearance works will be undertaken in each works section during the winter months preceding construction to avoid the nesting bird season. Reinstatement and landscaping works will take place following construction and within the next most appropriate planting season. An indicative overall construction programme is provided at Table 6.2 of the ES but remains indicative at this stage
3.6.3 Initial stages of scheme construction will involve the establishment of site working areas. Site establishment will typically include the following stages:
Surveys
3.6.4 The area of land associated with the permanent and temporary work footprints will be identified on the ground. Condition and structural surveys will also be undertaken as required on adjacent properties and infrastructure, and services will be accurately located. Pre-construction ecological surveys will also be undertaken.
Establishment of working areas, site compounds and access routes
3.6.5 Working areas will include the space required around each component of the scheme area to allow the construction works to take place safely. This will include sufficient space for plant and other construction vehicle movements and storage, materials storage and stockpiling areas, and site compounds. Where space allows, working areas will typically extend for a width of 13m back from the landward toe of the primary flood defences. This will be reduced to 7m where the working area crosses hedges to minimise temporary losses.
3.6.6 Good construction practice will be followed in the establishment of working areas, site compounds and access routes. This will include measures such as the installation of adequate ground protection on new access routes, and positioning working areas to avoid the root protection areas of trees and hedges located within the adjacent field boundaries. These distances will be informed by the tree survey undertaken for the scheme.
3.6.7 The majority of the secondary flood defences are proposed alongside an existing feature (e.g. a fence, hedgerow and/or rhyne) to minimise land take. The flood embankment is to be constructed up to 5m from such features; the actual distance varies between locations and is dependent on the need for maintenance access (e.g. at hedges) and what is required to ensure the stability of rhyne banks is maintained. Where boundary hedges contain trees with root protection areas that extend beyond 5m, this distance will be locally increased to avoid adversely affecting the trees.
3.6.8 Passing bays for construction vehicles will be provided within the working strip every 200m, where required. These will be 20m long and 5m wide.
3.6.9 Working widths will be extended by 2m to accommodate alternative routes for temporary footpath closures as required, this includes at hedge crossing locations, i.e. working width is increased to 9m.
BTB Scheme - Planning Statement 24 | P a g e 4 Planning Conditions 4.1 Introduction
4.1.1 This section sets out the draft planning conditions proposed to be attached to the Direction being sought for Deemed Planning Permission under the TWAO. 4.2 Definitions
In these conditions, unless the context otherwise requires:
“Commence” means the carrying out of a material operation, as defined in section 56(4) of the Town and Country Planning Act 1990, comprised in or carried out for the purposes of the Development, but does not include any engineering investigation, environmental (including archaeological) investigation and monitoring, site or soil survey, environmental mitigation measures, erection of fencing or demarcation fencing marking out site boundaries.
“Construction Noise and Vibration Management Plan” means a plan setting out procedures for the management of noise and vibration arising from the construction of the Development, including working practices for protecting nearby residential dwellings and measures to control and monitor noise and vibration.
“Construction Traffic Management Plan” means a plan setting out details of construction site boundaries, pedestrian and cycling routes and haul roads to be employed during construction and details of the proposed times during which construction materials or equipment may be delivered to the Development.
“Core Working Hours” means between 07:00 and 19:00 Mondays to Fridays and 07:00 and 13:00 on Saturdays (excluding public holidays).
“Development” means the works authorised by the Order.
“Harbour Authority” means Sedgemoor District Council being the harbour authority for the Port of Bridgwater, and includes its harbour master and statutory successors.
“In Channel Works” means certain works proposed to be undertaken within the channel of the River Parrett in connection with the construction of Work No. 1A as follows:
(a) the installation and removal of a temporary bypass channel and cofferdam; (b) the construction of jetties; (c) the placing of the river bed erosion protection; and (d) construction of sheet pile walls; and (e) the construction of temporary works.
“Landscaping Scheme” means a scheme for landscaping works associated with the Development which shall include details of existing vegetation to be retained and BTB Scheme - Planning Statement 25 | P a g e protected during the course of the works, proposals for soft landscaping to include stock species, size of planting and planting densities, proposals for hard landscaping to include paving and surface treatments, boundary treatments, street and proposals for implementing the landscaping scheme and maintenance for a 5 year period of soft landscaping works.
“Lighting Scheme” means a scheme detailing any external lighting proposed to be installed permanently as part of the Development, including details of siting, uniformity, glare rating and illumination levels.
“Local Planning Authority” means Sedgemoor District Council in relation to any part of the Development within its area, South Somerset District Council in relation to any part of the Development within its area, and Somerset West & Taunton Council in relation to any part of the Development within its area.
“Mitigation Action Plan” means the plan at Chapter 21 (Summary and Conclusions) (Appendix A) of the Environmental Statement (Application Document A17/1g) dated December 2019 setting out environmental mitigation measures to be implemented during construction and operation of the Development;
“Navigational Management Plan” means a plan setting out the measures to be implemented during [construction and] operation of the Development to aid navigation.
“Order” means the Bridgwater Tidal Barrier Order 202[ ].
“Planning Direction Drawings” means the drawings accompanying the request for a direction deeming planning to be granted for the Development in the form approved by the Secretary of State.
“Stage” means a defined part, section or stage of the Development, the extent of which has been submitted to, and approved in writing by, the Local Planning Authority.
and references to numbered works are references to the works set out in Schedule 1 to the Order. 4.3 Draft condition wording
Time limit for commencement of development 1 The Development shall Commence not later than five years from the date the Order comes into force. Reason: to ensure that the development is commenced within a reasonable period of time.
Design approval 2 Works relating to the external materials and finishes of the following aspects of the Development shall not Commence until details of those external materials and finishes have been submitted to, and approved in writing by, the Local Planning Authority: (a) the barrier comprised within Work No. 1A; and
BTB Scheme - Planning Statement 26 | P a g e (b) the control building comprised within Work No. 1C. The Development shall be carried out in accordance with the approved details or any amendments to those details as may be approved by the Local Planning Authority. Reason: to ensure satisfactory external appearance in the interests of visual amenity.
Construction Mitigation Plans 3 No Stage of the Development shall Commence until the following plans to minimise the impact of construction works, relevant to that Stage, have been submitted to, and approved in writing by, the Local Planning Authority: (a) a Construction Traffic Management Plan; and (b) a Construction Noise and Vibration Management Plan. The construction works for each Stage of the Development shall be carried out in accordance with the approved plans or any amendments to the Plans as may be approved by the Local Planning Authority. Reason: to protect the environment and amenity of the locality during construction of the Development.
Land contamination 4 No Stage of the Development which may disturb land contamination with the potential to materially harm persons, pollute controlled waters or the environment shall Commence until a contaminated land management plan relevant to that Stage has been submitted to, and approved in writing by, the Local Planning Authority. The management plan shall identify whether contamination is believed to exist and include: (a) a description of the Stage concerned; (b) the results of an investigation and assessment to identify the extent of contamination at the relevant site, including both onsite and offsite sources; and (c) where necessary, details of the proposed remediation measures and how they will be undertaken. Following implementation of the measures identified in (c) above, a verification report, providing evidence that all required remediation measures have been put into effect, shall be submitted to, and approved in writing by, the Local Planning Authority. If while undertaking any Stage of the Development, land contamination not previously identified is found to be present, no further work shall be undertaken on that part of the site until details as to how the contamination is to be dealt with have been submitted to and approved in writing by the Local Planning Authority. All Stages of the Development shall only proceed in accordance with the relevant approved contaminated land management plan, or any amendments to the relevant plan as may be approved by the Local Planning Authority. Reason: to ensure that risks from land contamination to the future users of the BTB Scheme - Planning Statement 27 | P a g e land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the Development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
Archaeology 5 No Stage of the Development likely to disturb archaeology shall Commence until a Written Scheme of Archaeological Investigation relevant to that Stage has been submitted to, and approved in writing by, the Local Planning Authority. The Written Scheme submitted shall set out whether a watching brief is needed for that Stage and the measures required to record and preserve finds. Each Stage of the Development shall be carried out in accordance with the approved Written Scheme of Archaeological Investigation. Reason: to ensure that works are undertaken with due regard to any archaeological remains on the site.
Working hours 6 Construction work shall only take place during Core Working Hours subject to the following exceptions: (a) In Channel Works may take place on Mondays to Fridays between the hours of 05.00 hrs and 20.00 hrs; (b) In Channel Works may additionally take place on a Saturday or Sunday between the hours of 07.00 hrs and 20.00 hrs; (c) with the prior approval, in writing, of the Local Planning Authority, the completion of works which have been delayed by severe weather conditions which disrupted or interrupted normal construction activities may additionally take place on a Saturday or Sunday between the hours of 07.00 hrs and 20.00 hrs; (d) works required to be undertaken in the case of an emergency or for reasons of safety; (e) the completion of operations commenced during Core Working Hours which cannot safely be stopped; (f) works inside any building; (g) the operation of pumps required to dewater any part of the site; and (h) any highway works which the local highway authority reasonably requests be undertaken outside Core Working Hours. Reason: in the interests of the amenity of local residents during construction of the Development.
BTB Scheme - Planning Statement 28 | P a g e Construction noise 7 The level of noise emitting from the Development and attributable to the construction works, as measured at the façade of the nearest occupied commercial or residential building, shall not: (a) exceed 75dB LAeq1hr: (i) before 07:30 hours or after 19.30 hours Monday to Saturday; or (ii) at any time on a Sunday; or (b) in the case of In Channel Works exceed 75dB LAeq1hr: (iii) before 06.00 hours or after 20.00 hours Monday to Saturday; or (iv) at any time on a Sunday Reason: to protect the amenity, in respect of noise and vibration, of occupiers of premises close to the Development.
Construction lighting 8 Any external tower lighting or flood lighting used to illuminate activities undertaken as part of the construction of the Development (other than any lighting required under or pursuant to the Order to be installed for reasons of navigational safety) shall be: (a) directional; and (b) extinguished whenever associated construction activities are not taking place, and in so far as any external tower lighting or flood lighting is proposed to be erected on a mast, the mast shall not exceed 5 metres in height. Reason: in the interests of minimising light pollution.
External lighting 9 No permanent external lighting may be installed in connection with the Development, save to the extent that such lighting is: (a) required under or pursuant to the provisions of the Order to be installed for reasons of navigational safety; or (b) in accordance with a Lighting Scheme which has been submitted to, and approved in writing by, the Local Planning Authority. Reason: in the interests of minimising light pollution.
Landscaping 10 No landscaping works relating to any Stage of the Development shall take place until a Landscaping Scheme relevant to that Stage has be submitted to, and approved in writing by, the Local Planning Authority. The Development shall be carried out in accordance with the approved details. Reason: to provide a suitable setting for the Development in the interests of visual amenity and to enhance flora and fauna.
BTB Scheme - Planning Statement 29 | P a g e Mitigation Action Plan 11 The Development shall be carried out in accordance with the Mitigation Action Plan. Reason: to protect the environment and amenity of the locality during construction and operation of the Development.
Navigational Management Plan 12 No operational closure of the barrier comprised within Work No. 1 shall take place until a Navigational Management Plan has (following consultation with the Harbour Authority regarding its provisions) been submitted to, and approved in writing by, the Local Planning Authority. Thereafter, the barrier comprised within Work No 1 shall be operated in accordance with the approved Navigational Management Plan. Reason: to aid navigation during construction and operation of the Development.
Approvals 13 Where, under any of these conditions, the approval, agreement or consent of the Local Planning Authority is required to any matter, that approval, agreement or consent shall be given in writing. The Development shall be implemented in accordance with any such approval, agreement or consent, or any subsequent revisions that have been submitted to, and approved by, the Local Planning Authority. Reason: to provide for certainty in the approvals and implementation processes.
BTB Scheme - Planning Statement 30 | P a g e 5 Mitigation Action Plan 5.1 Introduction
5.1.1 Environmental Impact Assessment of a scheme enables the early identification of potential environmental impacts during the design development of that scheme, and enables those impacts to be avoided or minimised, where possible, through alternative design or construction methodologies.
5.1.2 The Environmental Statement aims to set out the likely impacts of the proposed BTB Scheme and the resultant effect upon relevant environmental receptors. It also details areas in which mitigation measures could reduce negative impacts and reduce the significance of any impact on the environment.
5.1.3 Implementation of the mitigation set out in the Environmental Statement is the final stage in the EIA process, whereby a plan is put in place and delivered. This ensures that essential mitigation identified through the impact assessment process is implemented during the construction and/or operational stages of the development.
5.1.4 This Mitigation Action Plan provides details of the mitigation detailed in the environmental topic assessment chapters of the Environmental Statement which has been identified as required to avoid and mitigate the impacts on the environment that would otherwise occur as a result of the proposed BTB Scheme. The Mitigation Action Plan is presented as Appendix A of Chapter 21 (Summary and Conclusions) of the ES.
BTB Scheme - Planning Statement 31 | P a g e 6 Planning Policy Context 6.1 Introduction
6.1.1 This section describes the planning policy context relevant to the BTB Scheme and provides an overview of the key relevant planning policies and guidance at a national, county and local level.
6.1.2 A summary of the relevant provisions of the applicable planning policies at national, county and local level (listed below) are detailed in the following sections. An appraisal of the policy and a consideration of the BTB Scheme’s compliance has also been carried out and is detailed in the green boxes accompanying the associated policy text.
6.1.3 The documents that have been assessed are as follows:
National § National Planning Policy Framework (February 2019)
§ National Planning Practice Guidance
County § Somerset Waste Core Strategy (February 2013)
Local § Sedgemoor Local Plan
§ Bridgwater Vision (December 2015)
§ Taunton Deane Core Strategy 2011 – 2028
§ West Somerset Local Plan to 2032 (adopted in November 2016).
§ South Somerset Local Plan (adopted March 2015) 6.2 National policy
National Planning Policy Framework (February 2019)
6.2.1 The revised NPPF was published on February 2019 and sets out the government’s planning policies for England and how these are expected to be applied. This revised Framework replaces the previous NPPF published in March 2012, however retains its emphasis on place-making, bringing together design, land use, landscaping, social uses and open spaces. There is a re-emphasis that applications which can show genuine engagement with the local community will be considered more favourably.
6.2.2 The overarching aim of the revised NPPF remains the achievement of sustainable development, with the planning system expected to contribute to this goal. Within this context, the NPPF places an emphasis on protecting and enhancing the natural, built and historic environment and consequently seeks to improve biodiversity, the prudent use
BTB Scheme - Planning Statement 32 | P a g e natural resources, minimise waste and pollution and mitigate and adapt to climate change.
6.2.3 The components of the NPPF considered of relevance to the BTB Scheme are set out below:
Section 8: Promoting Healthy Safe Communities
6.2.4 Section 8 of the NPPF relates to providing healthy, inclusive and safe places. The section provides a number of ways in which a development can help to promote healthy environments. Paragraph 95(a) advises that decisions should promote public safety and take into account wider security and defence requirements by anticipating and addressing possible natural hazards. The section highlights the importance of providing access to opportunities for walking and physical activity. In particular, paragraph 98 states that: “planning policies and decisions should protect and enhance public rights of way and access, including taking opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails.”
The BTB Scheme will reduce flood risk, therefore making the area safer. The existing alignment of the footpath BW10/12 and the England Coast Path, will be permanently re-routed to the west of the structure and a permissive route will be provided onto the barrier structure to provide linkage with a foot and cycle bridge. The BTB Scheme is in conformity with this provision.
Section 11: Making Effective Use of Land
6.2.5 Section 11 of the NPPF relates to making effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Paragraph 118 states that planning decisions should:
“a) encourage multiple benefits from both urban and rural land, including through mixed use schemes and taking opportunities to achieve net environmental gains – such as developments that would enable new habitat creation or improve public access to the countryside; and b) recognise that some undeveloped land can perform many functions, such as for wildlife, recreation, flood risk mitigation, cooling/shading, carbon storage or food production.”
The above policy provisions are relevant to the BTB Scheme given that the BTB Scheme would reduce flood risk to properties and businesses and benefit the environment for salmon and eels through the provision and improvements of fish and eel passes. The Scheme also includes the provision of a foot and cycle bridge across the river. The BTB Scheme is in conformity with this provision
BTB Scheme - Planning Statement 33 | P a g e Section 14: Meeting the challenge of climate change, flooding and coastal change
6.2.6 Section 14 of the NPPF provides more detailed guidance with regard to meeting the challenge of climate change, flooding and coastal change. Paragraph 148 emphasises the need for the planning system to “support the transition to a low carbon future in a changing climate, taking full account of flood risk and coastal change.”
6.2.7 Paragraph 155 details the required consideration to be given in relation to development and flood risk. It states, “Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere”.
6.2.8 The NPPF advocates Local planning authorities to adopt the sequential test to ensure that development is focused away from flood risk areas. Paragraphs 157 - 160 of the NPPF outline this approach along with the exception test, should a location outside of flood risk not be feasible. Subsequently, Paragraph 163 of the NPPF goes on to state that, “When determining planning applications, local planning authorities should ensure flood risk is not increased elsewhere and only consider development appropriate in areas at risk of flooding where, informed by a site-specific flood risk assessment”.
This section is directly relevant to the BTB Scheme as takes full account of flood risk. Whilst the NPPF advocates utilising the sequential test to ensure development is focused away from areas at the highest risk of flooding, given the nature of the Scheme to directly address flood risk, this is not considered relevant. However, as the site falls within Flood Risk Area 3, a Flood Risk Assessment accompanies the application. The BTB Scheme is in conformity with this provision.
Section 15: Conserving and enhancing the natural environment
6.2.9 This section sets out the principles and requirements to protect and enhance the natural and local environment. In particular, Paragraph 170 seeks to conserve and enhance valued landscapes, sites of biodiversity or geological value; minimise the impacts on biodiversity; maintain the character of the undeveloped coast, while improving public access to it where appropriate; and provide net gains in biodiversity.
All of the pertinent issues set out in this policy are addressed in the accompanying ES. The designs and detailed assessments provided in the ES avoid impacts on the natural environment and landscape features. In terms of biodiversity, there is a commitment that the scheme will result in ‘no net loss’ of biodiversity and will aim to achieve biodiversity gains. The ES concludes that there will not be a significant impact on landscape as a result of the proposals. The improved standard of flood protection to the road and public transport network will result in significant positive effects in terms of access.
Section 16: Conserving and enhancing the historic environment
6.2.10 Section 16 of the NPPF relates to conserving and enhancing the historic environment. Specifically, Paragraph 189 states that: “in determining applications, local planning
BTB Scheme - Planning Statement 34 | P a g e authorities should require an applicant to describe the significance of any heritage assets affected, including any contribution made by their setting”
Chapter 15 (Archaeology and Cultural Heritage) of the ES provides an assessment of the potentially significant effects of the proposed scheme on archaeology and cultural heritage. The assessment concludes the BTB Scheme will not result in significant effects on the settings of listed buildings, designated and non-designated heritage assets (including those listed in the Somerset HER) or historic landscapes. The scheme will result in positive effects on the heritage resource through the improved standard of flood protection it will deliver and is in conformity with this policy. The setting of any known heritage assets is not expected to be affected during construction or operation as proposals have been sited in order to avoid important designated features.
National Planning Practice Guidance
6.2.11 On 6th March 2014, the Ministry of Housing, Communities and Local Governments (formerly the Department for Communities and Local Government) launched a National Planning Practice Guidance (NPPG) web-based resource.
6.2.12 The flood risk and climate change sections of the guidance set out strict tests in relation to protecting people and property from flooding (NPPF paragraph 157). The BTB Scheme is designed to reduce flood risk and mitigate the climate change effects of rising sea levels.
6.2.13 The guidance on biodiversity reinforces the NPPF in stating that it “is clear that pursuing sustainable development includes moving from a net loss of biodiversity to achieving net gains for nature, and that a core principle for planning is that it should contribute to conserving and enhancing the natural environment and reducing pollution.”
The BTB Scheme has been designed to ensure no net loss in biodiversity and the project team is actively engaged in trying to secure biodiversity gains through the project.
6.3 County policy
Somerset Waste Core Strategy (February 2013)
6.3.1 The BTB Scheme is likely to require the processing and disposal of waste material.
6.3.2 Waste planning policy in Somerset is set out in a range of documents, of which the principal is the Somerset Waste Core Strategy adopted by Somerset County Council in February 2013. This forms part of the development framework for Somerset along with other documents such as the Somerset Minerals Plan and other borough/district Local Plans.
6.3.3 The Waste Core Strategy guides the County Council’s approach to planning for sustainable waste management in Somerset until the year 2028 and covers all forms of waste, including construction waste.
BTB Scheme - Planning Statement 35 | P a g e 6.3.4 The Waste Core Strategy has a number of objectives, including to encourage waste prevention as the priority at the outset of new developments; to minimise the adverse effects of waste transport; to encourage innovative waste management techniques and; to reduce carbon emissions from waste management and encourage development that mitigates the causes of climate change and adaption to its effects.
6.3.5 Policies in the Waste Core Strategy that are of relevance to the BTB Scheme are summarised in Table 3.2 of the ES. It is considered that the BTB Scheme is fully in conformity with these policies.
6.3.6 In addition, the regulatory arm of the Environment Agency is the Waste Regulation Authority. As regulator, officers of the Environment Agency will ensure that all reasonable endeavours are used to minimise waste, manage waste that is produced and make use of recycled materials throughout the development of the scheme. The contractor will be contractually required to implement environmental good practice on site which will include production of a Site Waste Management Plan, maintenance of a sustainability register and carbon calculator, and necessary pollution prevention and control. 6.4 Local policy
Sedgemoor Local Plan (adopted February 2019)
6.4.1 The Strategy Document was adopted in February 2019 and sets out the broad long-term vision, objectives and strategic planning policies for Sedgemoor up to 2032.
6.4.2 The Sedgemoor Local Plan (Sedgemoor District Council, 2019) identifies Bridgwater as the main focus of housing, employment and retail growth in the district, with the need to maximise both brownfield opportunities and deliver significant urban extensions. It recognises that sustainable development of Bridgwater in particular relies upon adequate flood risk infrastructure being in place. It identifies the critical role the tidal barrier will play in reducing flood risk and facilitating sustainable development in the town. Paragraph 2.17 discussed Bridgwater and states that “work therefore needs to continue to ensure the appropriate provision of flood risk management measures to reduce the risk and impact of flooding on people and property”.
The BTB Scheme design and detailed assessments provided in the ES, avoid adverse impacts on the natural environment and landscape features, wherever possible. Where such effects cannot be wholly avoided, steps will be taken to mitigate the impacts. In addition, the Environment Agency is committed to the BTB Scheme resulting in ‘no net loss’ of biodiversity and will seek to achieve biodiversity gains. It is considered the scheme is fully in conformity with NPPF policy and the NPPG.
6.4.3 Emerging growth options suggest there will be a need to provide at least 8,118 new homes within or well related to the Bridgwater urban area. A number of strategic sites for new housing and employment have been identified, most of which are dependent on the provision of strategic flood defences ‘as quickly as possible’. The Local Plan provides a clear strategy for delivering essential infrastructure and an appropriate policy approach for the BTB Scheme. It also identifies private sector financial contributions and
BTB Scheme - Planning Statement 36 | P a g e demonstrates the critical role the BTB Scheme has in delivering new homes and jobs as well as protecting existing properties and businesses.
6.4.4 The key parts of the policies from the adopted Local Plan that are pertinent to the BTB Scheme are set out and the proposals appraised against them below.
Strategic Priority 1: Living Sustainably
6.4.5 This strategic priority seeks to address the challenges of climate change and vulnerability to flood risk. It promotes coastal and surface water management, sustainable construction appropriate green infrastructure and land management, habitat compensation and adaption.
The reduction in flood risk is the key design principle for the BTB Scheme. It will deliver tidal flood protection to the town of Bridgwater to a 1 in 200-year standard of protection up to 2125, and to the communities of Combwich, Chilton Trinity and Pawlett up to 2055. In addition, 12 locations along the rivers Tone, Parrett, Yeo and Isle have been identified for fish and eel pass improvements between Taunton and Bradford on Tone as well as areas for wetland habitat creation. The BTB Scheme is therefore in conformity with this priority.
Strategic Priority 7: Enjoying and Achieving
6.4.6 This strategic priority seeks to conserve and enhance the natural assets and heritage of Sedgemoor including its natural resources, wildlife habitats, landscape character and historic environment, including appropriate adaptation to climate change.
The BTB Scheme designs and detailed assessments provided in the accompanying ES avoid impacts on the natural environment and landscape features and protects the natural assets and heritage of Sedgemoor from flood risk. The BTB Scheme is therefore in conformity with this priority.
Strategic Priority 8: Being Healthy
6.4.7 This strategic priority identifies the need for major developments to take into account the potential effect on the health and wellbeing of the local population. Potential health gains and potential risks to health must be identified and additional measures implemented to avoid such risks.
Chapter 13 (Population and human health) of the ES provides an assessment of the potentially significant effects of the proposed BTB Scheme on population and human health and specifies mitigation measures as required. The BTB Scheme proposals includes the provision of a foot and cycle bridge across the River Parrett linking the existing footpath and cycle networks along the river which will help to promote cycling and walking as well as accessing the open space. The BTB Scheme is therefore in conformity with this priority.
BTB Scheme - Planning Statement 37 | P a g e Policy S1: Presumption in Favour of Sustainable Development
6.4.8 This policy advises that when considering development proposals, the council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will work pro-actively with applicants jointly to find solutions which mean that proposals can be approved wherever possible and to secure development that improves the economic, social and environmental conditions in the area.
6.4.9 Development that accords with the policies in this Local Plan (and where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise.
The BTB Scheme is designed to address the sea level rise effects of climate change and to be resilient and adaptable to future climate change effects, therefore protecting the local community, business and the environment. It proposes cycle and pedestrian linkages to promote health and wellbeing. In addition, the BTB Scheme incorporates improvements to benefit salmon and eel populations as well as the creation of wetland habitat from borrow pits, therefore having a positive contribution to the environment. It is therefore in conformity with this policy.
Policy S2: Spatial Strategy for Sedgemoor
6.4.10 This policy proposes that Bridgwater will be the focus of the district's housing, employment and retail growth. The policy states that “development proposals will be expected to support the delivery of the required infrastructure in accordance with the Council's Infrastructure Delivery Strategy (IDS). This will include flood defence”.
The BTB Scheme is identified in the IDS (Final Report 2017) as a key infrastructure requirement for the District, and by providing flood protection it will allow land to open up for development and help to meet Bridgwater’s growth targets for housing, employment and retail and is fully in conformity with this policy.
Policy S3: Infrastructure Delivery
6.4.11 This policy highlights that successful delivery of the Local Plan is reliant upon ensuring that development is co-ordinated with timely investment in the necessary infrastructure, including flood risk management infrastructure relevant to the sustainability of whole settlements.
The BTB Scheme is included within Sedgemoor District Council Regulation 123 List which sets out infrastructure that is important for delivery of growth and is fully in conformity with this policy.
Policy S4: Sustainable Development Principles
6.4.12 This policy identifies the need to deliver sustainable development, in particular, addressing the causes and impacts of climate change, avoiding pollution and promoting BTB Scheme - Planning Statement 38 | P a g e sustainable construction and sustainable drainage, protecting water quality and soil protection, protecting and enhancing the natural, built and historic environment, creating net gains for nature, ecology and biodiversity.
The BTB Scheme is fully compliant in conformity with this policy as the BTB Scheme it is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects. In addition, the wider BTB Scheme proposes wetland habitats and proposes fish and eel passes for mitigation passage improvements at 12 locations, benefiting salmon and eel populations. The ES assesses the scheme against all of the relevant criteria as set out in this policy and is considered to be in full compliance with it, with no adverse impacts once operational on any of the issues set out, with the aim to provide a net gain where possible.
Policy S5: Mitigating the Causes and Adapting to the Effects of Climate Change
6.4.13 This policy advises that Sedgemoor District Council is committed to addressing climate change locally through the place-making process, including the sustainable management of water resources, such as flood control and coastal defences. Development should adapt to the effects of climate change by contributing to minimising the risk of flooding, maximising resilience to climate change through design, layout and construction, and compensate for CO2 emissions, ensuring soils, landscapes, habitats and species are resilient to climate change. The policy advises that where possible, waste should be reduced and reused where possible. Increased opportunities to walk or cycle is also an objective.
The BTB Scheme fully compliant in conformity with this policy as the BTB scheme is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects. In addition, sustainable development principles have been considered throughout the BTB scheme’s development. A key contribution to this is the provision of fill material requirements from local borrow pits. Another example of the impacts of climate change on design is the improvements to fish and eel passages upstream which will mitigate the anticipated greater frequency of barrier closure as time goes on due to climate change.
Policy B1: Bridgwater Vision Transformational Projects
6.4.14 This policy states that “major development proposals should demonstrate how they support or facilitate the delivery of relevant projects set out in the Bridgwater Vision (2015). Proposals that would prejudice their future implementation will not be supported.”
The BTB Scheme is listed in the Bridgwater Vision (2015) as being a Strategic Project that needs to be delivered and is therefore fully in conformity with this policy.
BTB Scheme - Planning Statement 39 | P a g e Policy B15: Flood Defence
6.4.15 Policy B15 states that “the Council will work with partners including the Environment Agency to deliver the Bridgwater Tidal Defence Scheme and integral Flood Defence Embankment Works. To ensure that this can be delivered the area shown on the Policies Map will be safeguarded for this purpose. Development proposals will not be supported if they prejudice these objectives”.
The BTB Scheme is fully in conformity with this policy.
Policy B16: Transport
6.4.16 Policy B16 states that “proposals that provide opportunities for cycling, walking and enhanced public transport both within the town and between key destinations including Taunton and Burnham (A38 corridor), Street and Minehead (A39 corridor) and the town’s surrounding rural areas will be supported”.
The BTB Scheme includes the provision of a foot and cycle bridge across the River Parrett linking the existing footpath and cycle networks along the river and is therefore in conformity with this policy.
Policy CO1: Countryside
6.4.17 This policy advises that development in the countryside will only be supported where it accords with other relevant policies contained in the Local Plan that provide for development in the countryside to enhance or maintain the vitality of rural communities and support a prosperous rural economy. If they are not addressed by other policies of the Local Plan, a development must demonstrate a specific countryside need or that a countryside location is essential or more sustainable.
The majority of the downstream flood defence proposals are located in rural areas downstream of the proposed barrier site. These proposals will provide an improved standard of flood protection to these communities. The BTB Scheme is therefore in conformity with this policy.
Policy D1: Flood Risk and Surface Water Management
6.4.18 This policy advises that development proposals will only be supported where: they reduce overall flood risk, wider surface water drainage has been considered, they are designed and located to enable suitable access for maintenance of watercourses and other flood risk management infrastructure. When applying the Sequential Test or the Exception Test or undertaking Site specific flood risk assessments regard to the Sedgemoor Strategic Flood Risk Assessment and more recent EA mapping must be made.
BTB Scheme - Planning Statement 40 | P a g e The overriding purpose of the BTB Scheme aims is to reduce flood risk. The TWAO application is supported by a site-specific Flood Risk Assessment which considers the aforementioned Sedgemoor Strategic Flood Risk Assessment and is in conformity with this policy.
Policy D2: Promoting High Quality and Inclusive Design
6.4.19 Policy D2 highlights that Sedgemoor District Council aims to ensure that new development is well designed, responds to national guidance and reflects the local character, scale and distinctiveness of the place. Design should promote places that are attractive, safe, accessible and healthy. It should consider the relationship of the site with the surrounding landscape and protect and enhance the natural, built, historic environment and archaeology. Design should be sustainable and inclusive while respecting local identity and distinctiveness.
6.4.20 The council encourages high quality sustainable and inclusive design that responds positively to and reflects the particular local characteristics of the site and the identity of the surrounding area as well as taking into account climate change.
The Environment Agency has worked in partnership with Sedgemoor District Council to ensure the design proposals for the scheme respond to the requirements of policy D2. Information on climate change to understand future changes in sea level has been collaborated to inform the environmental assessments. The fish and eel passages are designed to account for increases in barrier closures in later years as climate change impacts are greater. A Design and Access Statement accompanies the application to explain the design of the BTB Scheme in more detail. It is considered that the BTB Scheme is fully in conformity with this policy.
Policy D3 Sustainability and Energy in Development
6.4.21 Policy D3 states that the Council will encourage the use of sustainable construction techniques that promote the reuse and recycling of building materials, maximise opportunities for the recycling and composting of waste on all new development proposals (residential and non-residential), minimising the use of non-renewable natural resources and reduce CO2 emissions. It requires that applications for all major development proposals (residential and non-residential) will be required to provide a statement demonstrating how sustainable construction principles have been incorporated, this should address demolition, construction and long term management. Where the Council consider it likely that the proposal will result in significant adverse environmental effects during the construction phase a Construction Environmental Management Plan (CEMP) will be required.
The ES includes an Environmental Action Plan in Chapter 22. This includes a section with contractor responsibilities, stating that they are also responsible for implementing standard good environmental practice on site, in line with their own Environmental Management Systems. This includes waste, materials and construction technique issues.
BTB Scheme - Planning Statement 41 | P a g e Policy D13: Sustainable Transport and Movement
6.4.22 The relevant parts to the BTB scheme in Policy D13 advise that development proposals that reduce congestion, encourage an improved and integrated transport network and allow for a wide choice of modes of transport as a means of access to jobs, homes, leisure and recreation, services and facilities will be encouraged and supported. It highlights that proposals should ‘enhance the facilities for pedestrians, cyclists, those with reduced mobility and other users’, be compatible with the existing transport infrastructure, contribute to reducing adverse environmental issues, enhance road and personal safety, be resilient to climate change.
The BTB Scheme includes the provision of a foot and cycle bridge across the River Parrett linking the existing footpath and cycle networks along the river and is therefore compliant with this policy. A Transport Statement has been submitted with the application to ensure any impacts are mitigated against. It is considered that the BTB Scheme is fully in conformity with the pertinent elements of this policy.
Policy D16: Safeguarding Existing Employment Land and Buildings
6.4.23 Policy D16 advises that proposals to change the use, redevelop or convert existing employment sites and buildings to non-employment uses will be supported where it would be preferable for the existing activity, as a result of adverse environmental impact, to be relocated to a more suitable site. Applications for alternative uses of land or buildings should be treated on their merits, having regard to market signals and the relative need for different uses to support sustainable local communities.
The operational buildings are to be located on a vacant employment plot on the south west corner of Express Park. Alternative locations were explored, but the site was considered the most appropriate because of the requirement for a line of site to the barrier. Given that the purpose of the BTB scheme is to protect communities and businesses from flooding, it is considered that the need for the BTB Scheme outweighs the loss of a small part of a substantial employment site and that the BTB Scheme is in conformity with this policy.
Policy D19: Landscape
6.4.24 Policy D19 advises that proposals should ensure they enhance landscape quality wherever possible or that there is no significant adverse impact on local landscape character, scenic quality and distinctive landscape features. Development proposals within the Mendip Hills Area of Outstanding Natural Beauty (AONB) or the Quantock Hills AONB will only be supported where they enhance or conserve the natural beauty, or the exceptional character or quality of the landscape in these areas.
6.4.25 A Landscape and Visual Impact Assessment (LVIA) should accompany planning applications where it is judged that the landscape and visual amenity may be adversely affected which reference to the Sedgemoor Landscape Assessment and Countryside Design Summary.
BTB Scheme - Planning Statement 42 | P a g e Chapter 9 (Biodiversity) of the ES provides the assessment of effects on biodiversity, including a commitment that the scheme will result in ‘no net loss’ of biodiversity and will aim to achieve biodiversity gains. Chapters 10 (Landscape character) and 11 (Visual amenity) provide the scheme’s LVIA, with the assessment of effects on Landscape Character and Visual Amenity respectively, referring directly to the Sedgemoor Landscape Assessment and the Countryside Design Summary. Mitigation measures have been incorporated into the design of the BTB Scheme to ensure the landscape is not adversely impacted. For example, on the left bank of the barrier, shrub and tree group planting, comprising a woodland mix of native species, is proposed on the slopes around the raised riverside platform. As this planting matures over time, it will screen views of the platform and soften and filter views of the barrier from Chilton Trinity, as well as help to integrate the barrier into the receiving landscape and provide biodiversity value. The scheme is compliant with this policy. It is considered that the BTB Scheme is fully in conformity with this policy.
Policy D20: Biodiversity and Geodiversity
6.4.26 Policy D20 advises that development proposals should contribute to maintaining and where appropriate enhancing biodiversity and geodiversity, taking into account climate change and the need for habitats and species to adapt to it. Regard should be had to the NERC Act 2006 s41 list, the presence or impact on European and UK Protected Species and on internationally and nationally designated sites of nature conservation importance.
6.4.27 This policy states there should be no loss of biodiversity habitat areas (including sites of international, national, regional, sub-regional and local significance and UK BAP priorities) due to development.
6.4.28 Construction Environmental Management Plans will be required where there is potential for significant effects during the construction stage. Where it is not possible to avoid the loss of best and most versatile agricultural land a development proposal should be accompanied by a Construction Soil Management Plan that sets out how soils will be protected during construction and, when appropriate, how soil resources will be recovered and/or enhanced.
BTB Scheme - Planning Statement 43 | P a g e The policy is relevant to the BTB Scheme given that it will reduce flood risk to the environment and improve the environment for salmon and eels through the provision and improvements of fish and eel passes. The BTB Scheme also proposes to leave borrow pits as wetland habitats to encourage wildlife. Chapter 9 (Biodiversity) of the ES provides the assessment of effects on biodiversity, including a commitment that the scheme will result in ‘no net loss’ of biodiversity and will aim to achieve biodiversity gains. A Construction Soil Management Plan will be implemented which sets out how soils are to be protected during construction and, when appropriate, how soil resources will be recovered and/or enhanced. This scale of temporary loss is not considered significant. Overall, based on the desk study and ground investigation, a significant source of contamination is not considered to be present either for the barrier or the downstream embankment works. Therefore, significant risks are not likely based on the current uses of the sites. To further mitigate contamination risks, additional ground investigations and risk assessments will be undertaken to inform the detailed designs, and best practice construction methods will be adopted. The scheme is therefore considered to be compliant with this policy. It is therefore considered that the BTB Scheme is fully in conformity with this policy.
Policy D21 Ecological Networks
6.4.29 Policy D21 requires that all development proposals should protect and, where possible, enhance the coherence and resilience of Somerset’s Ecological Network within the Sedgemoor District. In the first instance proposals should avoid causing significant harm to components of Somerset's Ecological Network and where possible enhance its components. Where it is demonstrated avoidance is not possible proposals that are reasonably likely to cause significant harm to components of Somerset’s Ecological Network must demonstrate how the impacts will be appropriately mitigated.
The Map of Somerset’s Ecological Network identifies part of the scheme site as ‘Rivers and Streams Home Habitat’. Chapter 9 of the accompanying ES assesses the impact of the scheme on biodiversity and provides a commitment that the scheme will result in no net loss of biodiversity and that we will aim to achieve biodiversity gains.
Given the ‘Rivers and Streams Home Habitat’ classification, for this particular policy, the impacts on marine mammals, sea trout, fish and eels and Great Crested Newts of various activities during construction and during operation, amongst other biodiversity receptors is summarised in the summary of biodiversity effects table. This concludes that the impact of the scheme varies from no change to low impact on these river and stream related receptors once mitigation is in place, far less than the ‘not causing significant harm’ requirement of Policy D21. Indeed part of the proposals, the fish and eel passes is proposed specifically to allow their continued passage through the river system. We can conclude therefore that our proposals are fully in conformity with this policy.
BTB Scheme - Planning Statement 44 | P a g e Policy D22: Trees and Woodland
6.4.30 Policy D22 states that “where possible development should seek in the first instance to avoid or minimise the loss of or damage to trees, woodland and hedgerow. Development that would result in the unacceptable loss of, or damage to, or threaten the continued well-being of irreplaceable habitats, such as ancient woodland and veteran trees will only be supported if the need for, and benefits of, the development in that location clearly outweigh the loss or damage”. If the loss or damage is deemed to constitute significant harm to biodiversity, then the developer will need to provide adequate mitigation and/or compensation in accordance with Policy D20: Biodiversity and Geodiversity.
The BTB Scheme proposals retain green infrastructure wherever possible. Tree losses have been minimised as far as possible in the design. This has been achieved by locating secondary flood defences away from trees wherever possible, either through identification of an alignment which minimises impact or locally increasing the offset of the flood defence from field boundaries to avoid root protection areas. The defence has also been locally narrowed near to a moderate bat roost potential tree to reduce impacts on it. Hedgerows removed for construction of the new secondary flood defences will be reinstated in situ. A tree survey and hedge survey has been undertaken to support the design and assessments. The scheme proposes to provide planting and mitigate against the loss of any trees. The Environment Agency is committed to the BTB Scheme resulting in ‘no net loss’ of biodiversity and will seek to achieve biodiversity gains. The scheme is therefore compliant with this policy. It is therefore considered that the BTB Scheme is in conformity with this policy.
Policy D23: Bat Consultation Zones
6.4.31 Policy D23 advises that under the Conservation of Species and Habitats Regulations 2010, Sedgemoor District Council is required to carry out a ‘test of likely significant effect’ on planning applications that potentially affect the conservation objectives of the North Somerset and Mendip Bats Special Area of Conservation (SAC), the Mendip Limestone Grasslands SAC, which house horseshoe bats and the Exmoor and Quantock Oakwoods SAC, which supports barbastelle bats, and the Hestercombe House SAC, which supports lesser horseshoe bats. As bats forage across wider areas of the landscape than are designated as SAC, the Council will consider the impact of development on hedgerows and buildings, change in habitat, alteration to structures and the introduction of street lighting that may impact bat habitats.
BTB Scheme - Planning Statement 45 | P a g e Appendix 9E of the ES contains a report from Somerset Ecology Services assessing the effect on bats of the proposals. It concludes that there are likely to be significant impacts on bats due to hedgerow removal impacting on foraging, permanent loss of potential foraging areas and loss of trees. Mitigation is proposed and will be implemented to address this such as timing removal of trees to minimise the impacts. Chapter 9 (Biodiversity) of the ES summarises the shadow Habitats Regulation Assessment undertaken in compliance with the Conservation of Habitats and Species Regulations 2017 and considers potential impacts on bats from the Exmoor and Quantock Oakwoods SAC (the other sites listed are not assessed due to distance from the proposed works) and concludes the BTB Scheme will not affect any bats that are qualifying features of the designated site. The scheme is therefore considered to be in conformity with this policy.
Policy D24: Pollution Impacts of Development
6.4.32 Policy D24 explains that where a development may have a significant adverse environmental impact on levels of, air, noise, light or water pollution, it will need to demonstrate these can be managed through mitigation or design. Close proximity to an existing potential pollution source means there will be additional considerations.
Pollution impacts will be managed through good site practice. Detailed assessments are provided through Chapters 8 to 18 of the accompanying ES, as required. The scheme is therefore considered to be compliant with this policy. Contractors will be required to follow good construction practice to minimise the risk of pollution. Once the scheme is operational there will be no significant adverse impacts on noise air light or water pollution. It is therefore considered that the BTB Scheme is in conformity with this policy.
Policy D25: Protecting Residential Amenity
6.4.33 Policy D25 states that “development proposals that would result in the loss of land of recreational and/or amenity value, or unacceptably impact upon the residential amenity of occupants of nearby dwellings and any potential future occupants of nearby or proposed dwellings, will not be supported. Particular consideration will be given to (but not limited to) the extent that the proposal could result in unacceptable impacts.”
BTB Scheme - Planning Statement 46 | P a g e Construction impact will be controlled through good construction practice. Detailed assessments are provided through Chapters 8 to 18 of the accompanying ES, as required. Ultimately the proposed works will result in major positive permanent effects as a result of an increased standard of flood protection and the provision of improved connectivity between the ECP on the left and right banks of the river and a new permissive cycle route. The assessment in this section demonstrates that the BTB Scheme proposals are in accordance with EU, national and local policy, including the 2017 EIA Directive and EIA Regulations, the National Planning Policy Framework 2019 and Sedgemoor District’s Local Plan 2019. The BTB Scheme accords strongly with the themes set out within the NPPF and other local planning policies. The improved standard of flood protection is considered an effective use of land which will help ensure a sustainable future for the town of Bridgwater. The BTB Scheme will help to ensure communities remain safe from the risk of flooding and provide resilience to ensure the local economy is able to remain competitive and grow.
Policy D26: Historic Environment
6.4.34 Policy D26 advises that Sedgemoor contains 1,100 listed buildings, 14 designated conservation areas, historic landscapes, areas of high archaeological potential, ancient woodland, heritage settlements and scheduled ancient monuments. Development proposals within conservation areas will be supported where they positively enhance their quality and character. The presumption is against the demolition or total loss of listed buildings, but alternative viable use will be positively encouraged. Developments which affect locally designated sites of archaeological interest will need to meet the requirements of ‘saved’ Local Plan Policies HE9 and HE12. Heritage assets which may be identified in the Somerset Historic Environment Record (HER) should also be considered.
Chapter 15 (Archaeology and cultural heritage) of the ES provides an assessment of the effects of the proposed scheme on archaeology and cultural heritage. The assessment concludes the BTB Scheme will not result in significant effects on the settings of listed buildings, designated and non-designated heritage assets (including those listed in the Somerset HER) or historic landscapes. The scheme will deliver positive effects on the heritage resource through the improved standard of flood protection and is therefore considered to be in conformity with this policy.
Policy D28: Health and Social Care
6.4.35 Policy D28 highlights that all major development applications are required to provide a Health Impact Assessment that identifies vulnerable population groups, identifies potential health effects of the project, and shows how necessary mitigation measures have been included. Developers should engage with relevant stakeholders and community groups where appropriate. All development proposals should promote health and active living including: walking and cycling; accessibility of green spaces; and enhancement of the quality and quantity of recreational, sport and leisure facilities and children’s play space and access to them.
BTB Scheme - Planning Statement 47 | P a g e Chapter 13 (Population and human health) of the accompanying ES provides an assessment of the effects of the proposed scheme on population and human health and specifies mitigation measures as required. The BTB Scheme proposals includes the provision of public areas and a foot and cycle bridge across the River Parrett linking the existing footpath and cycle networks along the river, which will encourage outdoor activity and increase accessibility of green spaces. It is therefore considered that the BTB Scheme is fully in conformity with this policy.
Policy D29: Protection and Enhancement of Existing Green Infrastructure Resources
6.4.36 Policy D29 advises that green Infrastructure will be safeguarded, maintained, improved, enhanced and added to, as appropriate. Potential increased use, maintenance and degradation should be considered in relation to existing Green Infrastructure.
The BTB Scheme proposals include the safeguarding and retention of green infrastructure wherever possible. A tree survey and hedge survey has been undertaken to support the design and assessments. The Environment Agency is committed to ‘no net loss’ of biodiversity through the scheme and will seek to achieve biodiversity gains. Other elements of the proposals such as creating an accessible network of green spaces, provide opportunities for cycling and walking, contributing to climate change adaptation also add to our compliance with this policy. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
Policy D30: Green Infrastructure requirements in new developments
6.4.37 This policy encourages the appropriate provision of green infrastructure and green spaces that:
i) have regard to extending the connectivity of the existing green infrastructure network ii) enhance ecological networks iii) provide adequate accessible natural greenspace in the interest of reducing recreational pressure on sensitive Natura 2000 sites, and iv) have regard to multi-functional benefits v) appropriate mitigation where Green Infrastructure loss is required vi) increase access to rural areas with no significant adverse impacts on biodiversity, and; vii) have regard for the protection and planting of trees, woodland and hedgerow for public amenity and climate change mitigation.
BTB Scheme - Planning Statement 48 | P a g e The scheme proposals retain and safeguard green infrastructure wherever possible. A tree survey and hedge survey has been undertaken to support the design and assessments. The Environment Agency is committed to the BTB Scheme resulting in ‘no net loss’ of biodiversity ie no significant adverse impacts and will seek to achieve biodiversity gains. Environmental opportunities have been included where feasible and will continue to be pursued with mitigation proposed as appropriate. An example of this is A new hedgerow with trees is proposed along the landward toe of the flood embankment to the north and south of the barrier structure, which will also help to tie the new structures into the fabric of the landscape.
Policy D31: Countryside and Settlements
6.4.38 This policy identifies “predominantly open areas, mostly outside development boundaries, which retain a largely rural character and appearance.” For sites not allocated in the Local Plan there is a list of objectives that the proposals should meet.
Chapters 10 and 11 of the ES provide the assessment of the effects of the proposed scheme on landscape character and visual amenity. The scheme proposes to provide planting to help the development be absorbed into the surrounding landscape and protects significant views identified in the assessments. The Bridgwater Barrier is identified within the Local Plan as a Strategic Project. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
Policy D33: Protection of Existing Public Recreational Outdoor Space
6.4.39 Policy D33 states that “development that would result in the loss of, or negatively impact, recreational outdoor space will not be permitted unless:
a. Existing facilities can best be retained and enhanced through redevelopment of a small part of the site; or b. A replacement and equivalent facility is made available; or c. The proposed development provides greater benefit than the long-term recreational value of the site; or d. The land is surplus to requirements”.
Chapter 13 (Population and human health) of the ES provides an assessment of the effects of the proposed scheme on population and human health and specifies mitigation measures as required. The BTB Scheme proposals include public areas and a foot and cycle bridge, therefore enhancing recreational outdoor space. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
BTB Scheme - Planning Statement 49 | P a g e Bridgwater Vision (December 2015)
6.4.40 This document is an annex and complementary document to the Economic Strategy adopted by Council in July, sets out the 50 year regeneration strategy for Bridgwater. It states that “flood risk is identified as a potentially significant barrier to growth in the town. Without appropriate measures, it could have a detrimental effect on Bridgwater’s future development. Where appropriate, development should take account of and contribute to the implementation of the Parrett Barrier Flood Risk Solution”.
The BTB Scheme is fully in conformity with the delivery of this aim set out in the Vision as the scheme will reduce flood risk, potentially removing this significant barrier to growth in the town.
Taunton Deane Core Strategy 2011 – 2028
6.4.41 The Taunton Deane Core Strategy sets the vision for the area covered by the former Taunton Deane Borough Council up to 2028. The most relevant policies relating to fish passes are:
Policy SD1: Presumption in favour of sustainable development
6.4.42 Policy SD 1 states that “when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will work proactively with applicants jointly to find solutions which mean that proposals secure development that improves the economic, social and environmental conditions in the area. It also states proposals will be expected to consider and mitigate the effects of climate change, reduce carbon emissions and use sustainable construction techniques.
The reduction in flood risk is the key design principle for the BTB Scheme. It will deliver tidal flood protection to the town of Bridgwater to a 1 in 200 year standard of protection and to the communities of Combwich, Chilton Trinity and Pawlett up to 2055. The BTB scheme is considered to be compliant with this policy. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
Policy CP1: Climate Change
6.4.43 Policy SD 1 states that “development proposals should result in a sustainable environment and will be required to demonstrate that the issue of climate change has been addressed”.
The BTB Scheme is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects, therefore protecting the local community, business and the environment. In addition, the scheme incorporates 12 fish passes improvements to benefit salmonid and eel populations as well as the and anticipates the creation of wetland habitat from borrow pits, therefore having a positive contribution to the environment. It is therefore compliant with this policy. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
BTB Scheme - Planning Statement 50 | P a g e Policy CP2: Economy
6.4.44 Policy CP2 advises that proposals which lead to the loss of existing or identified business, industrial or warehousing land to other uses, including retail, will not be permitted unless the overall benefit of the proposal outweighs the disadvantages of the loss of employment or potential employment on the site.
The operational buildings are to be located on a vacant employment plot on the south western corner of Express Park, outside of the District. Alternative locations were explored, but the site was considered to be the most appropriate. Given that the BTB schemes purpose is to protect communities and businesses from flooding it is considered that the need for the BTB Scheme outweighs the loss of a small part of a substantial employment site. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy, and certainly the fish and eel passes which will have no impact on the economy in the District, but will help to mitigate the impact of the overall BTB scheme in Bridgwater which will have these positive economic benefits as set out elsewhere.
Policy CP5: Inclusive Communities
6.4.45 Policy CP5 advises that development proposals should make provision for recreational space – improving health and interaction through provision of formal and informal green space such as play spaces, allotments, playing pitches, sports facilities as well as promoting walking and cycling.
The BTB Scheme provides public space and a pedestrian and cycle link as part of the proposals and is therefore in conformity with this policy. Whilst this is not relevant to the proposals in Taunton Deane, the fish and eel passes do enable any impact on them caused by the BTB to be mitigated against and the proposals outside of the District will contribute to inclusive communities.
Policy CP8: Environment
6.4.46 Policy CP8 advises that the Borough Council will conserve and enhance the natural and historic environment and will not permit development proposals that would harm these interests or the settings of the town and rural centres unless other material factors are sufficient to override their importance. It goes on to state that “development will be supported at sustainable locations to improve green infrastructure, public access, visual amenity and the overall quality of the natural environment. Development will need to mitigate and where necessary, compensate for adverse impacts on landscape, protected or important species, important habitats and natural networks, river and ground water quality and quantity so that there are no residual effects”. It further advises that The Council will seek to reduce flood risk and mitigate for the impacts of climate change within Taunton Deane (and in particular the Taunton urban area) through the provision of a strategic flood attenuation scheme to which development sites will need to contribute.
BTB Scheme - Planning Statement 51 | P a g e 6.4.47 A network of green infrastructure assets has been identified and should be retained and enhanced, including through the development of green wedges and corridors as envisaged through the Taunton Deane Green Infrastructure Strategy
6.4.48 Development sites will need to ensure that flood risk is not exacerbated from increased surface water flows
The overall aim of the BTB Scheme is to reduce flood risk. The accompanying ES and fish pass report considers how the environment, design and landscaping has been incorporated into the BTB scheme. Once operational the scheme will not adversely impact on any of the criteria set out in this policy and the fish and eel passes will provide a net ecological gain. The BTB scheme is considered to be compliant with this policy. It is considered that the BTB Scheme is fully in conformity with this policy.
Policy DM1: General Requirements
6.4.49 The Policy states that “proposals for development, taking account of any mitigation measures proposed, will be required to meet the following criteria, in addition to any other Development Management policies which apply in a particular case” . The most pertinent element of the policy relating to fish and eel passage is “The proposal will not lead to harm to protected wildlife species or their habitats”.
Great care has been taken in designing the BTB Scheme and considering its likely impacts to ensure that there will be no harm to protected species of wildlife, or their habitats, including mitigation as appropriate. The scheme includes works to improve fish and eel passage at 12 upstream sites which is explicitly for mitigation of the effects of the barrier, and it is for this reason that the passages and the BTB Scheme generally is fully in conformity with this policy.
Policy DM5 Use of Resources and Sustainable Design
6.4.50 This policy requires all development to incorporate sustainable design features to reduce their impact on the environment, mitigate and adapt to climate change, and particularly help deliver reduction in CO2 and other greenhouse gas emissions. It sets out some criteria that proposals should conform to. The most pertinent of which are as follows:
§ minimise the use of energy in the scheme by using an appropriate layout, building design, landscaping and orientation;
§ minimise energy requirements of construction by the use of sustainable materials and construction technologies, minimise waste and promote the reuse of materials and facilitate recycling both during and after development;
§ All applications must be supported by an independent assessment by a suitably qualified body to demonstrate compliance with the required Code level;
§ The Council will consider on-site energy efficiency measures, on-site renewable and low carbon technologies, off-site generation (where a direct link is provided to the
BTB Scheme - Planning Statement 52 | P a g e development) and payment into a low carbon management infrastructure fund as Allowable Solutions for carbon dioxide emission reductions;
§ Minimise the emission of pollutants, including noise, water and light pollution into the wider environment;
§ Make maximum possible use within the development site of building waste and spare soil generated by the site preparation;
§ Be designed for flexibility and adaptability, allowing for future modifications to improve the energy performance of the building; and
§ Provide measures for ongoing evaluation, monitoring and improvement of building performance in relation to energy and water use.
6.4.51 A sustainability checklist, including an energy statement, will be required from development proposals to demonstrate how these measures have been incorporated.
All of the elements of this policy when taking the BTB scheme as a whole are addressed. In relation to the fish and eel passage points which are in the Taunton Deane area the proposals will be constructed in a sustainable manner. The design, layout, landscaping and orientation is dictated by function but will have no negative impact on the surroundings, using suitable materials, minimising waste and recycling as far as possible as set out in the accompanying ES.
West Somerset Local Plan to 2032 (adopted November 2016).
6.4.52 The West Somerset Local Plan was adopted in November 2016. Policies from the Local Plan adopted in 2006 have been saved, however all of those relevant to the BTB Scheme have been replaced by the new Local Plan.
6.4.53 A key aim of the Local Plan (2016) is to:
§ Protect the environment
§ Protect and strengthen biodiversity within the District
§ Protecting the landscape and built heritage of West Somerset
Policy SD1: Presumption in Favour of Sustainable Development
6.4.54 Policy SD1 advises that proposals that are sustainable will be favoured.
BTB Scheme - Planning Statement 53 | P a g e The BTB Scheme is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects, therefore protecting the local community, business and the environment. It proposes cycle and pedestrian linkages to promote health and wellbeing. In addition, the scheme incorporates improvements to salmonid and eel passage and anticipates the creation of wetland habitat from borrow pits, therefore having a positive contribution to the environment. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
Policy EC1: Widening and Strengthening the Local Economy
6.4.55 Policy EC1 states: “proposals which will make the West Somerset economy stronger and more diverse and that are likely to increase the proportion of higher paid jobs locally will be supported.
6.4.56 New development, redevelopment and, conversion proposals for all types of employment generating activities will be encouraged. Where possible, such proposals should make use of existing employment sites, or of sites with similar and compatible uses where the development proposed would not have an adverse impact on the amenity of existing neighbouring uses”.
The BTB Scheme is designed to address the sea level rise effects of climate change with one of its aims to protect local businesses and employment land. For these reasons, it is considered that the BTB Scheme is fully in conformity with this policy.
Policy CF2: Planning for Healthy Communities
6.4.57 Policy CF2 states that: “In order to help address the causes of ill health and maximise the benefit which spatial planning can provide in shaping healthy communities, development proposals should be designed in order to maximise the attractiveness of walking and cycling as means of making journeys to local services and facilities, and also to encourage recreational walking and cycling. A health impact assessment will be required for all strategic development proposals”
The site will be enhanced in terms of its value to the local community by the provision of public areas and a new foot and cycle bridge and is therefore considered to be in conformity with this policy. The Health Impact Assessment is within Chapter 13 (Population and human health) of the accompanying ES. Ultimately the proposed works will result in major positive permanent effects on health as a result of an increased standard of flood protection and the provision of improved connectivity between the ECP on the left and right banks of the river and a new permissive cycle route.
BTB Scheme - Planning Statement 54 | P a g e Policy CC2: Flood Risk Management
6.4.58 This policy states that: “development proposals should be located so as to mitigate against, and to avoid increased flood risk elsewhere, whilst helping to provide for the development needs of the community in accordance with the flood risk management sequential test, and where appropriate, the application of the flood risk management exception test
6.4.59 Development must be designed to mitigate any adverse flooding impact which would arise from its implementation, and where possible should contribute towards the resolution of existing flooding issues.”.
The BTB Scheme will reduce flood risk and is therefore fully in accordance conformity with this policy.
Policy NH1: Historic Environment
6.4.60 Policy NH1 states that: “proposals for development should sustain and/or enhance the historic rural urban and coastal heritage of the district whilst contributing appropriately to the regeneration of the district’s communities, particularly those elements which contribute to the areas distinctive character and sense of place”.
Some fish passes are located within Conservation Areas or by Listed Buildings, however given the nature of the works, there will be no impacts on these features. Overall, the BTB Scheme is fully in conformity with this policy.
Policy NH6: Nature Conservation and the protection and Enhancement of biodiversity
6.4.61 The Policy states that: “Planning permission for development will be granted subject to the application demonstrating that:
§ the proposed development will not generate unacceptable adverse impacts on biodiversity; § measures will be taken to protect or mitigate to acceptable levels (or, as a last resort, proportionately compensate for) adverse impacts on biodiversity. Measures shall ensure a net gain in biodiversity where possible. The Somerset ‘habitat evaluation procedure’ will be used in calculating the value of a site to species affected by a proposal as appropriate. Where habitat is replaceable, mitigation techniques need to be proven; and § the local planning process will be used to protect, enhance and restore the ecological network within West Somerset § a ‘habitat regulations assessment’ will be required for development proposed which directly affects European and internationally designated sites and for areas that ecologically support the integrity of these sites”.
BTB Scheme - Planning Statement 55 | P a g e The BTB scheme is considered to be compliant in conformity with this policy. The wetland habitats will have environmental benefits for wildlife. The fish and eel passage improvement works are designed to protect and strengthen fish and eel populations. The scheme aims to conserve and enhance the natural environment and protect species and is aiming to result in a biodiversity net gain as a result of the scheme. The accompanying fish pass report discusses each scheme. The only likely impacts are to be unavoidable tree loss on some schemes, however the report sets out mitigation proposals to address impacts. There will be no impact on European or Internationally designated sites.
South Somerset Local Plan (adopted March 2015)
6.4.62 The Local Plan sets out the long-term planning framework for the district up to the year 2028. Policies that are most relevant to the BTB Scheme are:
Policy EQ2: General Development
6.4.63 Policy EQ2 aims to ensure that development contributes to social, economic and environmental sustainability and makes a positive difference to people's lives to help to provide homes, jobs, and better opportunities for everyone. At the same time, it aims to protect and enhance the natural environment, and conserve the countryside and open spaces that are important to everyone.
6.4.64 Development proposals will be considered against the following issues which are most pertinent to the fish and eel pass element of the BTB Scheme:
§ Sustainable construction principles;
§ Creation of quality places;
§ Conserving and enhancing the landscape character of the area;
§ Reinforcing local distinctiveness and respect local context;
§ Making efficient use of land whilst having regard to:
§ Local area character;
§ Site specific considerations
§ Development must not risk the integrity of internationally, nationally or locally designated wildlife and landscape sites
BTB Scheme - Planning Statement 56 | P a g e The BTB Scheme is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects, therefore protecting the local community, business and the environment. It proposes cycle and pedestrian linkages to promote health and wellbeing. In addition, the scheme incorporates 12 fish passes to benefit includes improvement works for the benefit of salmonid and eel populations as well as the creation of wetland habitat from borrow pits, therefore having a positive contribution to the environment. It is therefore compliant with this policy. It is considered that the BTB Scheme has a positive impact and is fully in conformity with this policy.
Policy EQ3: Historic Environment
6.4.65 Heritage assets will be conserved and where appropriate enhanced for their historic significance and important contribution to local distinctiveness, character and sense of place.
The ES that accompanies this application concludes that no heritage features will be affected by the tidal barrier and defence works. Although some of the fish passage improvement works are located within Conservation Areas or close to by Listed Buildings, however given the nature of the works, there will be no impacts on these features. Overall, the BTB Scheme is fully in accordance conformity with this policy.
Policy EQ4: Biodiversity
6.4.66 Policy EQ4 states that All proposals for development, including those which would affect sites of regional and local biodiversity, nationally and internationally protected sites and sites of geological interest, will:
§ Protect the biodiversity value of land and buildings and minimise fragmentation of habitats and promote coherent ecological networks; § Maximise opportunities for restoration, enhancement and connection of natural habitats; § Incorporate beneficial biodiversity conservation features where appropriate; and § Protect and assist recovery of identified priority species. § Ensure habitat features, priority habitats and geological features used by bats and other wildlife are protected
6.4.67 Where there is a reasonable likelihood of the presence of protected and priority species development design should be informed by, and applications should be accompanied by, a survey and impact assessment assessing their presence.
6.4.68 Development will not be allowed to proceed unless it can be demonstrated that it will not result in any adverse impact on the integrity of national and international wildlife and landscape designations, including features outside the site boundaries that ecologically support the conservation of the designated site.
BTB Scheme - Planning Statement 57 | P a g e The scheme is considered to be compliant fully in conformity with this policy. The scheme aims to conserve and enhance the natural environment and protect species. The wetland habitats will have environmental benefits for wildlife. The fish and eel passage improvement works are designed to protect and strengthen fish and eel populations. There will be no adverse impacts on protected and priority species or national and international wildlife and landscape designations.
Policy EQ1: Addressing Climate Change in South Somerset
6.4.69 Policy EQ10 states that “the Council will support proposals for new development where they have demonstrated how climate change mitigation and adaptation will be delivered”. It includes a number of measures. The only ones applicable to the fish and eel passes are applicable as a result of these being mitigation measures for impacts of the barrier further downstream, and concern directing development away from medium and high risk flood areas, considering climate change and taking into account the susceptibility of climate change.
The BTB Scheme is designed to address the sea level rise effects of climate change, and to be resilient and adaptable to future climate change effects, therefore protecting the local community, business and the environment reducing flood risk and allowing development to come forward. The fish and eel passes are proposed to mitigate the impacts of the barrier on their passage and therefore whilst not directly addressing the concerns set out in the policy, the proposals are considered to be in conformity with it as the part of the proposals that they are in place to mitigate the impacts of do address these issues.
6.5 Conclusions
6.5.1 This Planning Statement has set out the detailed planning case for the BTB Scheme, with reference to the relevant national, regional and local planning policies. Through the analysis of these policies, and with reference to the ES and supporting documents, the detailed case for the development has been demonstrated. Where the ES has identified an impact, mitigation measures have been incorporated into the design and construction programme to reduce the impact of the Scheme.
6.5.2 At the national level, the proposals are in accordance with the NPPF. This Planning Statement establishes that the Scheme does not give rise to any material harm with regard to issues such as economic growth, landscape and visual impacts, climate change and flooding, environmentally valuable land, biodiversity (aquatic and terrestrial) and the historic environment.
6.5.3 The principal need for the Scheme is supported by local policy. We therefore consider the proposals to be in conformity with planning policy and will provide better protection for Bridgwater and a reduction in flood risk.
BTB Scheme - Planning Statement 58 | P a g e 7 Conclusion
7.1.1 The BTB Scheme has from the outset been designed to deliver the requirements of effective flood risk management and strong resilience to climate change effects, without damaging the environment.
7.1.2 Consideration of the planning policies in the NPPF, guidance in the NPPG and Local Plan development plan policies, shows that the BTB Scheme is wholly in conformity with and supported by national and local policy.
7.1.3 Furthermore, the proper delivery of an adequate level of flood protection to individuals, communities and businesses is a weighty and compelling material planning consideration.
7.1.4 It is therefore considered that there is both clear policy support for the scheme and a weighty material planning consideration, both of which confirm the acceptability of the BTB Scheme.
BTB Scheme - Planning Statement 59 | P a g e