The Water Resources (Abstraction and Impounding)
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IN THE MATTER OF: THE WATER RESOURCES ACT 1991 (AS AMENDED) THE WATER RESOURCES (ABSTRACTION AND IMPOUNDING) REGULATIONS 2006 THE WILDLIFE AND COUNTRYSIDE ACT 1981 (AS AMENDED) THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017 AND IN THE MATTER OF: 1. River Itchen at Twyford and Otterbourne: Abstraction licences 11/42/22.6/92, 11/42/22.6/93, 11/42/22.7/94 PINS reference RSA/WR/00017 2. River Test at Testwood: Abstraction licence 11/42/18.16/546 PINS reference RSA/WR/00018 3. Candover Augmentation Scheme: Abstraction licence SO/042/0031/026 PINS reference RSA/WR/00016 NATURAL ENGLAND’S PRE-INQUIRY STATEMENT Appendix 7 b NE consultation response, Candover Date: 02 November 2016 Our ref: SU43.3/HI/EA Your ref: NPS/WR/021737 Cromwell House, 2nd Environment Agency Floor Permitting and Support Centre 15 Andover Road WINCHESTER Water Resources Team SO23 7BT Quadrant 2 99 Parkway Avenue Sheffield S9 4WF Dear Mr Sir/madam, RIVER ITCHEN SITE OF SPECIAL SCIENTIFIC INTEREST RIVER ITCHEN SPECIAL AREA OF CONSERVATION New abstraction licence for the Candover Augmentation Scheme Natural England issued our formal response on the 6th of September 2016, in relation to the previous consultation for this scheme. We have no further comments to add, so please refer back to this response Please do not hesitate to contact me if you have any queries. Yours faithfully Charlotte Rose Team leader Hampshire Wildlife licensing and Water Team Dorset, Hampshire & the Isle of Wight Area [email protected] 07717 816 618 Date: 06 September 2016 Our ref: SU 43.1/HI/EA Your ref: SO/042/0031/026 nd Mr Graham Melhuish Cromwell house, 2 Floor Senior Permitting Officer - Water 15 Andover Road Resources WINCHESTER National Permitting Service SO23 7BT Environment Agency Manley House Kestrel Way Exeter DEVON EX2 7LQ. Dear Mr Melhuish RIVER ITCHEN SITE OF SPECIAL SCIENTIFIC INTEREST (SSSI) RIVER ITCHEN SPECIAL AREA OF CONSERVATION (SAC) Abstraction licence (renewal) Candover Groundwater Augmentation Scheme – River Itchen (EA, Hampshire CoC) NPS/WR/021737 Thank you for your email of 12 August 2016, requesting the assent of Natural England for the above works. Natural England supports the move towards a more sustainable abstraction regime on the River Itchen SSSI and SAC. We largely agree with the improvements to the licence suggested. Assessment under Regulation 21 of the Habitats Regulations We agree with the conclusion that this proposal is likely to have a significant effect on the interest features of the above SAC, both alone – due to possible impacts on crayfish - and in-combination with extant abstraction licenses at Totford and Lasham. The proposal therefore requires an appropriate assessment in accordance with Regulation 21 of the Conservation of Habitats and Species Regulations 2010 (‘The Habitat Regulations’). We agree with the conclusion of the Appropriate Assessment that, with further conditions on the operation of the scheme, the proposal will not have an adverse impact on the integrity of the SAC. This is principally due to the significant reduction in total licence volume, conditions that reduce frequency of operation combined with time limited nature of the licence. Assent under Section 28H of the Wildlife and Countryside Act 1981 Natural England assents to the proposals contained in the notice dated 12 August 2016 under Section 28H of the Wildlife and Countryside Act 1981, subject to the following conditions: Prior to the EA issuing the abstraction licence, NE and the EA should agree to the circumstances or scenarios under which the scheme should be used Add a definition of ‘normal flows’ to the conditions box on successive use It is our view that, if the above conditions are adhered to, the operation should not cause any damage to the special interest of the SSSI. Please note this permission is valid from 06 September 2016 until 31 December 2022. Should you wish to alter the operations or timings detailed in your notice you are required to give further notice to Natural England. This letter does not constitute land owner permission nor a wayleave agreement, we recommend that you contact the landowner and make all provisions necessary before any works commence. Please contact me if you wish to discuss these comments further. Yours sincerely Charlotte Rose Team leader Hampshire Wildlife licensing and water Team Dorset, Hampshire and the Isle of Wight Area 07717 816 618 [email protected] Date: 14th July 2016 Ref: CAS.lr.2016 2nd Floor, Cromwell House 15, Andover Road Winchester Hampshire SO23 7BT Dear Tim RIVER ITCHEN SITE OF SPECIAL SCIENTIFIC INTEREST RIVER ITCHEN SPECIAL AREA OF CONSERVATION Operator: Environment Agency Proposal: Renewal of Candover abstraction and augmentation license Thank you for inviting Natural England to comment on the three draft reports and appropriate assessment of the impacts of the use of the Candover Augmentation Scheme (“the Candover licence”) on the designated features of the River Itchen SSSI and SAC and the wider priority habitats. This letter contains Natural England’s informal advice; we will issue our statutory advice in response to the Environment Agency’s formal consultation. In summary: Natural England is minded to advise, based on the evidence provided that the Candover licence can be renewed with all the conditions proposed including the time limit suggested in the draft documents provided an additional condition is added. The additional condition should prohibit the use of the Candover licence until a review of the impacts on the terrestrial wetlands and a review of sustainability of the upper Itchen abstraction licences in combination (described in more detail below) is completed, and any measures to ensure there will be no adverse impacts/ significant harm are secured. This is to ensure there is sufficient information to complete the “continued environmental sustainability” test for this licence. Natural England remains of the opinion that this type of abstraction in the headwaters of a designated river valley, combined with river augmentation, is not an alternative to, nor is it a necessary part of a sustainable abstraction regime and is not necessary for the conservation of the designated sites. Not-withstanding the above, we have considered the case presented in detail and are minded to provide the following advice: Need for the review of the licence Natural England notes that in the River Basin Management Plan we have consulted on jointly agreed targets and interim goals for monitoring the condition of the River Itchen SSSI/SAC. Before 2021, the Environment Agency and Natural England have agreed to try to reach agreement on long term targets as close to the agreed revised Common Standards Monitoring Guidance (rCSMG) targets as possible. New licences will be assessed against these targets. For time limited licences, such as the Candover licence, the Environment Agency Briefing note states: ‘The Environment Agency and Natural England have agreed that where expired time limited licences have been previously assessed as compliant with designated site requirements, the previous assessment will hold if no other information has changed and the licence will be issued on the same terms. This is provided that no other information about the sustainability of the licence and/or the site has changed. Licences will be reviewed where a condition assessment has shown that changes are needed’. The SSSI units in the upper Itchen are in unfavourable condition and abstraction is either a threat or a remedy. Though the Candover licence has been considered against the Special Area of Conservation (SAC) features in the Environment Agency Review of Consents (EA RoC), Natural England did not agree with the conclusions with respect to the Candover licence. In addition, the impacts of the Candover licence on the non-SAC designated site features of the Site of Special Scientific Interest (SSSI) has never previously been assessed. Considerable changes in the operation of licences acting in combination in the upper Itchen have occurred since the EA RoC. It is clear that the Candover licence is not compliant with all designated site requirements as some were not assessed. The condition assessment indicates changes are needed and additional information on the sustainability of the licence has also become available since RoC. In conclusion, Natural England supports the need to review the environmental sustainability of the Candover licence. Impacts on the SAC of use of the Candover alone When it is used, the licence causes failure of rCSMG of considerable degree but only the augmentation (i.e. the flows above natural). At low flows after use (alone) failures are minimal once the SAC boundary is reached. However the pump test identified a potential impact on the crayfish of the augmentation of flows. The scheme therefore has a likely significant affect alone for impacts on crayfish. To mitigate the failure of rCSMG from augmentation above flows, significant conditions have been added including ramping up and ramping down along with conditions to prevent successive years of use and to limit frequency of use. The full licence cannot be used more than once every 8 years and in reality is likely to be used very much less frequently. Therefore, though the failure of the rCSMG (mainly above) for flow regime are large, the frequency of failure has been significantly curtailed by the conditions to be no more than 8 years and likely to be less than this. Given all the mitigation measures for the flows above rCSMG that impact the white clawed crayfish and potentially invertebrates and the infrequency of use of the licence as well as the relatively marginal failure at the SAC boundary of flows below the rCSMG of Candover alone, Natural England is minded to concur with the Environment Agency position that the Candover scheme when used on its own with all the conditions proposed, though having a likely significant effect, does not have an adverse effect on integrity.