APPENDIX 2

LEICESTERSHIRE COUNTY COUNCIL – CREATION OF A WATER STORAGE LAKE IN CONNECTION WITH ASHBY CANAL – LAND OFF BOSWORTH ROAD, (North West District) 2007/L040/07 2007/1150/07

APPROPRIATE ASSESSMENT

December 2008

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INTRODUCTION

1.0 BACKGROUND TO APPROPRIATE ASSESSMENT

1.1 Legal protection for habitats and species of European importance is provided by Directive 92/43/EEC - the Conservation of Natural Habitats and Wild Flora and Fauna, otherwise known as the ‘Habitats Directive’.

1.2 Article 2 of 92/43/EEC specifically requires the condition of EU recognised habitats and species to be favourably preserved or restored, whilst Articles 3 –11 establish a network of sites of nature conservation importance known as Natura 2000. These sites are Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) designated under the Conservation of Wild Birds Directive. (The UK government advises that proposed sites awaiting approval should be treated by planning authorities in the same way as those already classified and approved: Planning Policy Statement 9).

Articles 6(3) and 6(4) of the Directive require that:

1.3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.

Article 6(3)

1.4 If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.

Article 6(4)

1.5 These Regulations formally transpose the requirements of the European Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (The Habitats Directive, May 1992) into national law. They build on the existing nature conservation legislation for the protection of habitats and species listed in the Directive and apply its requirements in respect of development control and pollution control legislation.

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1.6 The County Council, as the competent authority, must therefore carry out an “Appropriate Assessment” under Regulation 48(1). This assessment of the implications for conservation objectives must be made in respect of any decision to be taken for any consent, permission or other authorisation (e.g. planning application determination) for a plan or project which:

1 either alone or in combination with other plans or projects would be likely to have a significant effect on a European Site, and

2 is not directly connected with the management of the site for nature conservation.

1.7 In respect of this planning application, the County Council is the “competent authority” which must carry out the Appropriate Assessment (which must be undertaken in addition to the normal evaluation of the planning application).

1.8 An Appropriate Assessment must be undertaken in respect of a plan or project before any competent authority:

1 decides to undertake the plan or project, in cases where no consent, permission or other authorisation is required;

2 decides to give any consent, permission or other authorisation for the plan or project;

3 reviews the decision to undertake a plan or project or reviews consents, permissions or other authorisations for plans or projects that are incomplete;

4 decides whether to approve an application for development that would otherwise be permitted development.

1.9 The plan or project does not have to be located within the designated area. Significant effects may occur even if the plan or project is some distance away. The effects may be direct or indirect, temporary or permanent, beneficial or harmful to the site, or a combination of these. In all but the most clear cut cases, competent authorities are likely to require advice on this issue. Natural provides such advice on request.

1.10 The conclusions of an Appropriate Assessment must be based only on the scientific considerations under the steps laid out in the Habitats Regulations. The Regulations prohibit a competent authority from undertaking or giving consent to any plan or project unless the Appropriate Assessment has concluded that it would not have an adverse effect on the integrity of the site, or specific criteria are met and the Secretary of State has been informed.

SCOPE OF APPROPRIATE ASSESSMENT

1.11 The aim of AA is to appraise the potential effects of a proposed plan on European sites. In Leicestershire the only designated site of European interest is the River Mease SAC, and the AA therefore relates to the proposed planning application at Land Off, Bosworth Road and the implications on the integrity of the River Mease.

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1.12 Four key stages to the AA process are identified in the discussion paper, which flow from an ECJ ruling. The first of these is screening, which determines whether or not full AA is needed and focuses on avoidance and mitigation of impacts. The subsequent stages look at the assessment itself, alternative solutions and compensation in the light of imperative reasons of overriding public interest. This approach follows a hierarchy of avoidance, mitigation and compensation that is promoted by the Habitats Directive.

1.13 The following sections of the AA will look at: the SAC objectives and the reasons for its designation; the proposed storage lake in Measham and its likely impacts on the River Mease.

2.0 RIVER MEASE SPECIAL AREA OF CONSERVATION

INTEGRITY OF SITE

2.1 The River Mease SAC site is also designated as a Site of Special Scientific Interest (SSSI), however, the AA relates specifically to the European designation and does not relate to the broader interests or requirements of the national level designation. The integrity of the site relates to the reasons for the site’s designation, and as such the identification of key features in respect of the qualifying interest, the site’s conservation objectives and its condition are important to the AA process.

QUALIFYING INTEREST

2.2 The River Mease is approximately 33 km in length, flowing westwards through a largely rural and agricultural landscape to its confluence with the at . As a relatively un- modified lowland river, the Mease contains a diverse range of physical features including vegetated channel margins, bankside tree cover, riffles, pools and slacks. River gradients also vary along its length, with consequent effects on flow, vegetation and riverbed characteristics, providing ideal habitats for fish feeding and spawning grounds.

2.3 This area was recommended as a SAC because it contains habitat types and/or species which are rare or threatened within a European context. The interests for which the site was selected as a SSSI may differ therefore from the interests selected in a European context. Key European interests:

Annex I habitats present as a qualifying feature but not a primary reason for selection.

2.4 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho- Batrachion vegetation. This habitat type is characterised by the abundance of water-crowfoots, where floating mats of these white-flowered species are characteristic of river channels in early to mid-summer. They may modify water flow, promote fine sediment deposition, and provide shelter and food for fish and invertebrate animals.

Annex II species that are a primary reason for selection of this site.

2.5 Spined Loach (Cobitis taenia) - The River Mease is a good example of a riverine population of spined loach. It is a small tributary of the River Trent and has retained a reasonable degree of channel diversity compared to other similar rivers containing spined loach populations. It has extensive beds of submerged plants along much of its length which, together with its relatively sandy sediments (as opposed to cohesive mud) provides good habitat opportunities for the species.

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2.6 Bullhead (Cottus gobio) - The Mease is an example of bullhead populations in the rivers of central England. Bed sediments are generally not as coarse as other sites selected for the species, reflecting the nature of many rivers in this geographical area, but are suitable in patches due to the rivers retained sinuosity. The patchy cover from submerged macrophytes is also important for the species.

Annex II species present as a qualifying feature but not a primary reason for selection.

2.7 White-clawed (or Atlantic stream) crayfish (Austropotamobius pallipes) - The white-clawed crayfish lives in a diverse variety of clean aquatic habitats but especially favours hard-water streams and rivers. A major threat to the native white-clawed crayfish is posed by the introduction of non-native species of crayfish, which have been farmed in Britain since the late 1970s, and the emergence of crayfish plague which followed.

2.8 The otter (Lutra lutra ) is a semi-aquatic mammal, which occurs in a wide range of ecological conditions, including inland freshwater and coastal areas. Inland populations utilise a range of running and standing freshwaters. These must have an abundant supply of food (normally associated with high water quality), together with suitable habitat, such as vegetated river banks, islands, reedbeds and woodland, which are used for foraging, breeding and resting. Populations declined sharply during the 1960s and 1970s due to pollution, exacerbated by hunting and habitat loss.

CONSERVATION OBJECTIVES

2.9 The conservation objectives seek to maintain (maintenance implies restoration, if the feature is not currently in a favourable condition) in a favourable condition, the river as a habitat for:

• Floating formations of water crowfoot; • Populations of bullhead; • Populations of spined loach; • Populations of white-clawed crayfish,

And the river corridor and adjoining areas as habitat for:

• Populations of otter.

SITE CONDITIONS

2.10 The UK SAC data form produced by the Joint Nature Conservation Committee (JNCC, Version 2.1, 17/05/06 covers vulnerability of the site at point 4.3, and states that:

“The River Mease is an unusually semi-natural system in a largely rural landscape, dominated by intensive agriculture. Water quality and quantity are vital to the European interests, whilst competition for water resources is high. Diffuse pollution and excessive sedimentation are catchment-wide issues which have the potential to affect the site”.

2.11 Examination of the SSSI Favourable Condition Tables on English Nature’s website indicates that the River Mease site Assessment Description was “Unfavourable no change”, although this was linked to an assessment date of 16/08/2000. The reasoning for the “adverse condition” of the SSSI units (1027107/08) was linked to invasive freshwater species, and water pollution from agriculture/run off and

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discharge. The assessment indicated that the adverse condition was also a result of over deepening of the channel.

2.12 The integrity of the site depends on the maintenance of conditions that will sustain its qualifying interest. Whilst the focus falls therefore on the site’s key features and achievement of stated conservation objectives, the LDTP states that “these rely fundamentally on ecological processes and functions for their maintenance in a favourable condition”. The quantity/quality of water reaching the site is seen as essential therefore in order to maintain the integrity of the site for the qualifying interest and conservation objectives listed above.

2.13 The JNCC site details and ecological data for the River Mease SAC are included in Appendix 2, together with the Condition of SSSI table and condition summary from Natural England.

3.0 CREATION OF A WATER STORAGE LAKE IN CONNECTION WITH ASHBY CANAL

BACKGROUND

3.1 Planning permission was granted for restoration of Ashby Canal between and Measham on the 14 th September 2005 by the Secretary of State for Environment, Food and Rural Affairs under the Transport and Works Act 1992. The canal restoration spans over a length of 4.5km from its current terminus at Snarestone to a new basin in the centre of Measham. The proposed route follows the old railway line at Measham and would be constructed within the supporting embankments and through agricultural land.

3.2 To sustain the canal levels a water storage lake has been proposed to the north of Measham brickworks, adjacent to the proposed canal. The proposed water storage lake would hold 80,000m 3 of water. The storage lake has been designed to promote biodiversity with two islands located within the lake. The periphery of the lake would be landscape and planted in accordance with an approved scheme. A permissive footpath is proposed around the lake. The applicant does not propose any fishing or water sports on the lake.

LOCATION

3.4 The proposed storage lake is located off Bosworth Road, to the south of Measham Village. Measham Brickwork’s is located to the south of the proposed development. The old railway line lies adjacent to the proposed lake to the south, agricultural land bounds the site to the north and east with Measham Village to the north west. The nearest property is Measham Lodge to the south east. The site lies in open countryside and within the River Mease Special Area of Conservation (SAC) and SSSI. The River Mease lies 700m to the south west of the proposed lake.

ANALYSIS OF THE PROPOSED EXTENSION

3.5 The formation of a water storage lake is to assist the success of the Ashby Canal restoration scheme and to maintain water levels. The proposed lake lies within 700 metres of the River Mease, which is designated a Special Area Conservation. The lake covers an area of approximately 7ha and would have an average depth of 8 metres with the lake banks graded at 1 in 5 and 1 in 2 over a 2 metre distance. The storage lake would have two outfall pipes one to the north east which would feed into the Ashby Canal and the second to the west feeding into the River Mease. The existing culvert to the west which lies under the old railway

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would be extended into the water storage lake in the form of a 600mm concrete pipe. There would be a stop plank weir outlet that would feed the extended culvert to the River Mease. The 600mm outfall pipe to the canal would include a submersible pump sump prior to going into the canal. The water level of the proposed storage lake would be 86.60 AOD.

3.6 Groundwater levels in the area are 86.64 AOD and therefore the construction of the lake would utilise existing groundwater, surface water and rainwater to maintain levels within the lake. To maintain the water levels within the lake it is proposed that water be abstracted from Gilwiskaw Brook under abstraction consent from the Environment Agency. Alternatively it is proposed that water currently abstracted through clay extraction at Measham Brickworks would be transported to the lake reducing the impact and need to extract water from Gilwiskaw Brook. Hanson Brick currently use some of its abstracted water in the brick process instead of using tap water, but there would still be a surplus of water which is currently discharged into the River Mease. The proposed storage lake would use some of the surplus water to maintain the levels of the lake. The water from Measham brickworks is currently monitored to ensure particle size and water quality is in accordance with the Environment Agency and River Mease requirements. Any movement of water from Measham Brickworks would require authorisation from the Environment Agency and additional monitoring.

3.7 Once the lake has reached proposed water levels the contents would be used to maintain a satisfactory level within the proposed canal which is a closed system. The lake would maintain its water levels via importation of water from the Gilwiskaw Brook / Brickworks and rainwater and surface water. The formation of the lake has additional capacity to hold another one metre in depth which should accommodate any significant rainfall or surface water run off and prevents any flooding within the area. It is also proposed that should the lake reach its capacity water would be discharged either into the canal or River Mease. The limited quantity of water discharged into the River Mease, would be controlled manually by stop logs that can be adjusted as required. Any discharge into the River Mease would require discharge consent from the Environment Agency.

3.8 Once the lake has been constructed it would be a closed lake causing disruption to surface and water table flow to the River Mease. The storage lake is limited in size and scale and it is anticipated that the ground water flow would accommodate the lake function and continue to feed the River Mease over time reducing the impact on the SAC. The proposed lake is approximately 700m from the River Mease and therefore should have no direct impact on the river bank, SSSI, river habitats or protected species.

3.9 Any water discharged into the River Mease would be monitored to ensure that the water quality, particle size and flow does not impact on the River, therefore causing no adverse impact on the water crowfoot, bullhead, spined loach, white-clawed crayfish and otter.

3.10 To ensure water quality is maintained surface water monitoring has been undertaken weekly since November 2006 and would continue once the lake has been constructed. Future monitoring of the canal water, storage lake and any water discharged to the River Mease would be undertaken in accordance with planning conditions and Environment Agency regulation.

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4.0 SUMMARY OF SCREENING PROCESS

4.1 As part of assessing the impact of the proposed water storage lake, consultation has been undertaken with Natural England and the County Council’s ecologist. The report has examined the new legislative requirements, the European site and its integrity, and has analysed the storage lake proposal.

4.2 The proposed water storage lake has been screened to assess the likely effect on the River Mease European site. The screening process has looked at the main factors affecting the SAC interest and the relationship to the potential operations that may take place at the storage lake. Details of the screening process can be found in the main appropriate assessment in table 4.0.

FINDINGS OF REPORT

4.3 The proposed water storage lake could have an effect on the River Mease SAC and impact on the integrity of the interest or its supporting environmental conditions.

ASSESSMENT STATEMENT

4.4 It is considered that the proposed water storage lake could have a likely effect on the River Mease SAC.

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Table 4.0 Screening Process

Site Name: Land Off Bosworth Road, Measham Proposals: Creation of a water storage lake in connection with the Ashby Canal – Leicestershire County Council

Scale of Effect (SE): 0 – no effect; +++ strongly positive; ++ moderately positive; + slightly positive; --- strongly negative; -- moderately negative; - slightly negative; ? unclear

Objectives Description of Effect Scale of Description of Mitigation Comments / Explanation Effect 1 To conserve and enhance The proposed application is for the creation of a - The design, phasing, implementation, wildlife habitats and species, water storage lake in connection with Ashby working programme and landscaping could avoiding damage to or Canal. The proposed development lies within 700 mitigate any impact on the local habitats and fragmentation of major features of the River Mease and related habitats. The species. Planning condition could be of importance for fauna and proposed storage lake may have effects on the attached to the planning permission to flora River Mease SAC, habitats and species, as a regulate mitigation measures. result of the potential for flooding downstream of the site and the potential for the lake structure to impact upon local groundwater sources, which could enter the River Mease SAC. 2 To conserve and enhance the The site lies within open countryside. - Planning conditions could ensure long-term quality of the countryside and The proposed development area is currently positive landscape and conservation. landscape agricultural land, and has been in agricultural use during the period covered by available historical Ordnance Survey mapping (1887-Present). 3 To protect places and buildings As part of a previous planning application at 0 Planning Conditions could ensure protection of archaeological, cultural and Duckery Quarry – Measham Brickworks (directly of archaeological findings on this site. historic value south of this application site), an archaeological investigation was undertaken to ensure the protection of any significant archaeological findings. No significant archaeological findings were identified. 4 To protect the quality of ground There is potential for a slight negative effect - Appropriate protection measures would be and surface waters arising from contaminated runoff from the site incorporated into the design of the lake liner area. to ensure that ground and surface waters The proposed application includes the storage of are not at risk from contamination. Planning water, and thus if the lake was fully charged at the conditions could be implemented to regulate beginning of October, due to a wet summer the protection of ground water and surface resulting in limited demand for topping up the waters. canal, this could have an impact on the ground and surface waters. 5 To protect and enhance The proposed extension would involve a + The site is situated in the National woodland and forestry landscaping scheme, therefore generating a Forest. positive impact. 6 To avoid soil contamination and All soil handling would be undertaken in - A planning condition could be placed to safeguard soil quality and accordance with DEFRA good soil handling guide. ensure soil handling is undertaken in quantity Topsoil would be removed and temporarily stored accordance with DEFRA guidance. in a stock pile heap. Following this it would be removed and used in a sustainable manner. 7 To limit emissions to air to levels The proposed development itself would not affect - Planning conditions would be imposed to Effective construction procedures can that will not damage natural the levels of air quality, however, there is a control traffic movements, in terms of their minimise on-site impacts. 9

Objectives Description of Effect Scale of Description of Mitigation Comments / Explanation Effect systems and affect human potential slight negative effect due to additional numbers and routing, associated emissions health traffic movements and increased air emissions and their effect on air quality. during the construction stage of the development 8 To minimise the contribution of The proposal is likely to have a slight negative - Energy and emissions minimising measures the development to adverse effect through additional carbon dioxide emissions should be incorporated into design and climate change through reduced and greenhouse gas emissions associated to the operation proposals. Traffic minimisation greenhouse gas emissions. site. The effect would be temporary. assessments should be supplied.

9 To minimise public nuisance Potential local impacts from, particularly, noise - Noise and traffic control mitigation measures from the development and traffic during the construction period. can be implemented as part of planning conditions. 10 To encourage better use of The proposed extension area is not classified as - - Ensure no more surrounding land is previously developed land and PDL. The proposed storage lake is not developed developed outside of the application area. effective remediation of and would have a significant negative effect on degraded land encouraging the use of developed land. 11 To improve human health and The application would have a moderately positive ++ well-being effect as it encourages biodiversity in the area, and provides an attractive recreational walking area. 12 To avoid or reduce flood risk as The proposed development is located within Flood + Planning conditions and working programme Modification to the drainage system a result of the development. Zone 1, where the risk of flooding is 0.1% (1 in would ensure the proposed storage lake would reduce the internal diameter of the 1000) or less. However, the construction of the does not impact flooding in the area drain from 675mm to 600mm. It has storage lake would reduce the potential for been calculated that this reduction would flooding downstream of the lake. result in a potential flow of 500 l/s rather than the present 1400 l/s which equates to a substantial reduction in the potential to flood the downstream watercourses.

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5.0 SUMMARY OF SCOPING PROCESS

5.1 As part of the impact of the proposed storage lake, consultation has been undertaken with the Environment Agency and Natural England and the County Council’s Ecologist. The report has examined the new legislative requirements, the European Site and its integrity and has analysed the storage lake proposal.

4.2 The scope of the appropriate assessment shall take into consideration the nature of the proposed application its close proximity to the River Mease, the duration of operations and scale of the proposed development in the context of the River Mease Conservation objectives and habitats and species of international importance. It is then to conclude if the proposed development would have an effect on the integrity of the site.

4.3 The integrity of the River Mease is defined as ‘’the coherence of its ecological structure and function across the whole area that enables it to sustain the habitat complex of habitat and/or levels of populations of species for which is classified.

4.4 The scope of the appropriate assessment is the SAC objectives, which will be assessed under the following headings: - The effect of the proposed storage lake Likely consequences of the proposal Probability of effect Magnitude likely duration and brief record of evidence Mitigation measures Adverse effect on the integrity of the site

Details of the scoping process can be found in appropriate assessment table 5.0

ASSESSMENT OF THE EFFECTS ON THE CONSERVATION OBJECTIVES

1. The proposed water storage lake should have no adverse effect on the River Mease conservation objectives. The scoping assessment of the SAC objectives has identified that groundwater, river flow and water quality should not be adversely affected. To ensure these measures are not breached, various monitoring and mitigation measures would be implemented.

2. Although the proposed storage lake is not adjacent to the River Mease, if the proposal is not adequately monitored, it may have an impact upon the conservation objectives and species of international importance. Therefore, planning conditions will be applied to ensure that the development does not adversely impact on the SAC objectives or internationally important species.

IN COMBINATION EFFECT

An application was submitted to Leicestershire Country Council (LCC) (planning application No. 2006/1543/07) for an extension to Duckery Quarry, to extract additional clay reserves and the construction of new brickworks to improve production rates and efficiency. The water storage lake would be located directly north of the brickworks. An appropriate assessment was undertaken by LCC for the brickworks; this identified that groundwater, river flow and water quality should not be adversely affected. Furthermore, to ensure these measures are not breached, various monitoring and mitigation measures have been implemented. Therefore the storage lake would have no further adverse impact on the River Mease SAC.

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IMPACT ON THE INTEGRITY OF THE RIVER MEASE

The development as proposed would not adversely affect the integrity of the SAC subject to the imposition of conditions on the planning permission to monitor the development and SAC objectives.

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SCOPING ASSESSMENT

Nature of the proposed development

Creation of a water storage lake in connection with Ashby Canal located within the River Mease cSAC.

Duration of the proposed development

Indefinitely.

Scale of the proposed development

The proposed storage lake would cover an area of approximately 7ha, and would have an average depth of 8 metres.

Table 5.0 -Scope / Integrity of the proposed water storage lake, Measham. Special Area of Effects of the Likely Probability of Magnitude, likely duration and Mitigation Measures Adverse effect Conservation proposal consequence effect reversibility, brief record of on the integrity Objective of Proposal evidence of the site Floating The proposed water River flow The likely The magnitude of the discharge of Planning conditions would be With the formation of storage lake lies within disturbance consequence water should be minimal. The imposed, which requires the implementation water crowfoot 700m of the River from surface of the proposed development would not applicant to undertake a of mitigation and Mease. The storage water. proposal directly abstract water from the monitoring programme which monitoring lake would have two should be river, and the only possible would include groundwater, programmes outfall pipes, one of Water quality. minimal. environmental impacts could be surface water flows and water there should be which would feed into from the potential for flooding quality. no adverse the River Mease. There Flooding. upstream and downstream of the effect on the are therefore features site, the effect of seasonal Ground water Monitoring integrity of the of the proposal which groundwater table fluctuations on Groundwater monitoring would be site may potentially pose a the integrity of the lined lake undertaken on a yearly basis, to risk of adverse structure, and the potential for the prevent greater pressure on environmental impacts lake structure to impact upon local downstream drainage facilities. for the River Mease groundwater resources. SAC. Surface Water Monitoring Surface Water Surface water monitoring would Spined Loach The proposed water River flow The likely Existing surface water discharges be undertaken on an annual basis With the storage lake lies within disturbance consequence from the site flow south via a to demonstrate surface water implementation 700m of the River from surface of the 675mm internal diameter drain flows are not being adversely of mitigation and Mease. The storage water. proposal under the former railway altered by the water storage lake. monitoring lake would have two should be embankment, discharging to a ditch This would ensure there is no programmes outfall pipes, one of minimal. on the other side of the potential to flood the downstream there should be 13

Special Area of Effects of the Likely Probability of Magnitude, likely duration and Mitigation Measures Adverse effect Conservation proposal consequence effect reversibility, brief record of on the integrity Objective of Proposal evidence of the site which would feed into Water quality. embankment. The proposed watercourses and affect the River no adverse the River Mease. There modification to this drainage system Mease SAC. effect on the are therefore features Flooding. would reduce the potential peak integrity of the of the proposal which flow of 500 l/s rather than the Water Quality Monitoring site may potentially pose a present 1400 l/s which equates in a The quality of water discharged risk of adverse substantial reduction in the potential would be monitored on an annual environmental impacts to flood the downstream basis, to ensure that any water for the River Mease watercourses and affect the flow of discharged into the River Mease, SAC. the River Mease. in terms of quality, particle size White Clawed The proposed water River flow The likely and flow, does not impact on the With the storage lake lies within disturbance consequence The creation of the lake in itself has River, therefore causing no implementation 700m of the River from surface of the the potential to reduce runoff from adverse impact on the water of mitigation and Mease. The storage water. proposal the site. There are two potential crowfoot, bullhead, spined loach, monitoring lake would have two should be scenarios for the construction of the white-clawed crayfish and otter. programmes outfall pipes, one of Water Quality. minimal lake: either the lake itself could be there should be which would feed into designed as part of the natural Planning conditions could be used no adverse the River Mease. There Flooding. catchment; that is, water from the to regulate monitoring effect on the are therefore features catchment naturally drains into the programmes. integrity of the of the proposal which lake with the provision of an site may potentially pose a overflow to the downstream Lake Liner risk of adverse watercourse to accommodate There are several ways in which environmental impacts surplus natural catchment the lake liner could be designed: for the River Mease upstream, or the second where the Firstly, covering the liner with a SAC. lake is designed and constructed rock blanket which would Bull head The proposed water River flow The likely such that the rainfall on the natural counteract the upward artesian With the storage lake lies within disturbance consequence catchment upstream of the lake pressure. It is estimated that the implementation 700m of the River from surface of the cannot enter the lake. If the former rock cover required to counteract of mitigation and Mease. The storage water. proposal alternative is chosen, flows to the the uplift pressure would be in the monitoring lake would have two should be downstream watercourses would be region of 3-4m thick. This would programmes outfall pipes, one of Water quality. minimal. attenuated, particularly as the outlet require the over excavation of the there should be which would feed into is reduced. lake to a depth of approximately no adverse the River Mease. There Flooding. 11 mbgl, installation of the liner effect on the are therefore features If the lake is designed such that the and the placement of 3 to 4m of integrity of the of the proposal which rainfall upon the natural catchment rock fill above the liner to site may potentially pose a is deflected from the lake, by say counteract the upward pressures risk of adverse raising the edges of the lake above of the artesian water. environmental impacts the natural level, then the Secondly, installation of ground for the River Mease precipitated water in the catchment anchors and reinforced concrete SAC. would be deflected into the slabs designed to withstand the downstream drainage upward pressure of the artesian 14

Special Area of Effects of the Likely Probability of Magnitude, likely duration and Mitigation Measures Adverse effect Conservation proposal consequence effect reversibility, brief record of on the integrity Objective of Proposal evidence of the site arrangements. The result would be water. This is a well established that the annual flow profile for the technique that is used on canal downstream watercourse would be lock bases and deep basements very similar to that operating at when the influence of a high present (with a minor reduction in groundwater table has to be flow of circa 12.7 ML per year) as a incorporated into the design. A result of the rainfall directly into the typical design would include the storage lake. construction of drilled and grouted anchors which would be Potential For Flooding anticipated to be 5-7m deep on an The proposed location of the approximate 2-3m grid across the storage lake is outside the area of base of the lake; the concrete extreme flood, i.e. in Flood Zone 1, slab would be suitably reinforced where the risk of flooding is 0.1% (1 to ensure it could withstand any in 1000) or less. The nearest Flood arching between the anchor Risk zones 2 and 3 are directly points. associated with the River Mease to the south and the Gilwiskaw Brook Of the two potential engineering to the east of the site, neither of solutions proposed, it is likely that which encroach onto the site. Based the second option would be on the above, the risk of flooding to utilised as it does not require the storage lake is considered extensive over excavation of rock minimal and the location of the and additional dewatering development meets the guidance in allowing the construction of the PPS25 and is suitable for the lake. proposed development. However, there is a risk that the structure itself and its operation could cause a risk of flooding and this should be considered. The liner must be designed and installed to avoid any damage as a result of elevated groundwater whilst the lake itself is empty.

Groundwater The integrity of a storage lake using a liner system in this location has been questioned; there is a question regarding the integrity of 15

Special Area of Effects of the Likely Probability of Magnitude, likely duration and Mitigation Measures Adverse effect Conservation proposal consequence effect reversibility, brief record of on the integrity Objective of Proposal evidence of the site the structure potentially caused by the groundwater being close to the surface. As a result, at the end of a particularly dry season when the storage lake could be almost empty, there is the potential for the liner to rise as the groundwater recharges at the end of the dry period. Monitoring of the groundwater was therefore undertaken to determine the anticipated top groundwater level.

The water qualities observed were generally better than those of surface waters, indicative of groundwater sources, but being affected by surface waters. The artesian nature of the boreholes does indicate the potential for rising water table levels in the autumn which could damage the lake liner if it was not suitably designed to counteract this upward thrust. If the liner was ruptured, it is possible, but unlikely, that the resultant emergence of groundwater to the surface at this location could be greater than in the undeveloped state, with the result that more water could be required to drain from the area, resulting in greater pressure on downstream drainage facilities. Otter The proposed water River flow on There should It is highly unlikely that there would Planning conditions could be used There should be storage lake is located the river banks. be no likely be an impact on the river bank from to ensure that monitoring and no adverse approximately 700m consequence the water storage lake. The mitigation measures are in place effect on the north west of the River Water quality. of the proposed development is integrity of the Mease proposal. approximately 700m from the River site Mease therefore the impact of the 16

Special Area of Effects of the Likely Probability of Magnitude, likely duration and Mitigation Measures Adverse effect Conservation proposal consequence effect reversibility, brief record of on the integrity Objective of Proposal evidence of the site The proposed could development on the possible otter remove foraging land; habitat should be non existent. The however this is highly impact on the flow of the discharged unlikely due to the water would be monitored to ensure distance of the that conditions do not change the development from the characteristics of the river or SAC River Mease. objectives. Monitoring and mitigation measures are proposed above.

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Appendix 1 River Mease Site details Country England Unitary Authority ; Leicestershire; Staffordshire Grid Ref* SK260114 Latitude 52 41 59 N Longitude 01 36 56 W SAC EU code UK0030258 Status Designated Special Area of Conservation (SAC) Area (ha) 21.86 * This is the approximate central point of the SAC. In the case of large, linear or composite sites, this may not represent the location where a feature occurs within the SAC. General site character Inland water bodies (standing water, running water) (100%)

Annex I habitats that are a primary reason for selection of this site Not applicable Annex I habitats present as a qualifying feature, but not a primary reason for selection of this site 3260 Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation Annex II species that are a primary reason for selection of this site 1149 Spined loach Cobitis taenia The River Mease is a good example of a riverine population of spined loach Cobitis taenia . It is a small tributary of the River Trent and has retained a reasonable degree of channel diversity compared to other similar rivers containing spined loach populations. It has extensive beds of submerged plants along much of its length which, together with its relatively sandy sediments (as opposed to cohesive mud) provides good habitat opportunities for the species. 1163 Bullhead Cottus gobio The Mease is an example of bullhead Cottus gobio populations in the river s of central England. Bed sediments are generally not as coarse as other sites selected for the species, reflecting the nature of many rivers in this geographical area, but are suitable in patches due to the river’s retained sinuosity. The patchy cover from submerged macrophytes is also important for the species. Annex II species present as a qualifying feature, but not a primary reason for site selection 1092 White-clawed (or Atlantic stream) crayfish Austropotamobius pallipes

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1355 Otter Lutra lutra

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