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14. Navigation 14. Navigation 14.1 Introduction 14.1.1 The Environment Agency, in partnership with Sedgemoor District Council, are delivering the Bridgwater Tidal Barrier (BTB) Scheme to reduce tidal flood risk to Bridgwater and surrounding areas. 14.1.2 This chapter considers the potential impacts of the BTB Scheme on the right of navigation in the River Parrett and thus the navigation receptors (commercial and recreational users). It provides an assessment of the navigation impacts resulting from the construction and operation of the BTB Scheme. It assesses potential significant impacts identified through the scoping and subsequent detailed assessment processes and where necessary, proposes mitigation measures to avoid, reduce or minimise the significance of these effects. The assessment of likely significant effects on the upstream fish and eel passage sites is provided in Chapter 18 (Upstream fish and eel passage). 14.1.3 The following appendices have been prepared in support of this chapter: . Appendix 14A – Bridgwater Tidal Barrier Navigation Risk Assessment . Appendix 14B – Bridgwater Tidal Barrier Gate Width Assessment Technical Note . Appendix 14C – Bridgwater Tidal Barrier Temporary Bypass Channel 14.1.4 This chapter is supported by the following figure: . Figure 14.1 – Navigation Features and Proposed Scheme Sheets 1 and 2 14.2 Legislation and policy 14.2.1 The following legislation and policy has been considered in developing the scheme design. The lower reaches of the River Parrett are tidal and a right of navigation exists at common law, meaning the public have the right of passage in boats. The Transport and Works Act 1992 (TWA) enables orders to be made authorising the construction and operation of works interfering with rights of navigation. 14.2.2 Construction within coastal waters requires a marine licence under the Marine and Coastal Access Act 2009. A marine licence is required for works associated with the BTB Scheme that fall below the mean high water spring (MHWS) level. 14.2.3 Sedgemoor District Council is the Statutory Harbour Authority under the Bridgwater Navigation and Quays Act 1845 as amended by subsequent Acts and Regulations of 1904, 1908, and 1923 making amendments, additions and revocation to sections of the 1845 Act. 14.2.4 Sedgemoor District Council is also the Competent Harbour Authority for the Port of Bridgwater, with duties and powers to manage the provision of a Pilotage service, as empowered and detailed within the Pilotage Act 1987. 14.2.5 There are two sets of Byelaws that relate to activities within the Port: Bridgwater Tidal Barrier Environmental Statement 14- 1 . SDC Byelaws under the Public Health Amendment Act 1907 relate to the “seashore” at Burnham on Sea, Berrow and Brean, and are concerned with activities on the beaches and intertidal areas when exposed at low water; and . SDC Byelaws under the Public Health Act 1961 relate to use of “pleasure boats” on the seashore and to a distance of 200m from the low water mark at Burnham on Sea, Berrow and Brean, and amongst other considerations impose a speed limit of 8 knots through the water (Sedgemoor District Council, 2019). 14.3 Assessment methodology 14.3.1 This section describes how potential impacts upon navigation have been assessed. 14.3.2 The scoping assessment carried out at the scoping stage, documented in the PEIR (Environment Agency, 2018a), has been reviewed at this detailed assessment stage in light of scheme changes that have occurred in the interim, and the subsequent scoping responses received. Full details of the scoping opinion and our subsequent responses are included in Appendix 1A. 14.3.3 Table 14.1 summarises the impacts that have been scoped in and out of further assessment, along with the rationale. Where this differs from the scoping stage, it is clearly stated and the reasons for this are also provided. Where the potential for significant effects can be clearly discounted, these have not been assessed further. 14.3.4 The assessment of navigation impacts has involved a combination of desk top study, consultation, numerical modelling and closed-circuit television (CCTV) monitoring of the River Parrett at Dunball Wharf and Reedmoor Rhyne. Study area 14.3.5 The study area for the navigation assessment lies within the Port of Bridgwater limits, and for the consideration of navigation impacts comprises the River Parrett from Stert Point at the downstream extent (in the north) to Bridgwater Docks at the upstream extent (in the south). This study area is deemed appropriate based on professional judgement and the likely areas/receptors with the potential to be impacted by the proposed BTB Scheme. Figure 14.1 shows the study area and features relevant to this chapter. Desk top study 14.3.6 A desk top study has been undertaken to inform the baseline against which the impacts of the proposed BTB Scheme are assessed. The main sources of information used for the desk top study include: . Construction information as detailed in Chapter 6 (Proposed scheme), Section 6.3 of this Environmental Statement (ES) . Operational information as detailed in Chapter 6, Section 6.4 of this ES . Consultation with the Harbour Authority and Harbour Master, river users, operating authorities and other interested stakeholders (refer also to Section 14.4) . Information collected, derived and assessed during the scheme’s appraisal stage Bridgwater Tidal Barrier Environmental Statement 14- 2 . Hydraulic modelling results (water levels and flow velocities) (refer also to Chapter 6, Section 6.5 . Regime modelling results (channel morphology) (refer also to Chapter 6, Section 6.5 and Appendix 6H) . Assessment of short term siltation following closure, HR Wallingford, 2019, refer to Appendix 6J . Port of Bridgwater Operations Manual (Sedgemoor District Council, 2019) – available publicly . Other publicly available information Modelling 14.3.7 A regime modelling approach (regime theory) was adopted to investigate the effects of the barrier on channel morphology in the River Parrett (refer to Chapter 6 (Proposed scheme), Section 6.5). This high-level assessment makes use of outputs (cross-section area and discharge) from a one-dimensional (1-D) Flood Modeller hydraulic model. 14.3.8 Regime theory assumes that: . The estuary is in equilibrium (net sediment movement, over a long period of time at any place is negligible, disregarding seasonal variation) . The equilibrium estuary cross section can be characterised by a (“regime”) relationship with peak discharge (specifically peak discharge or tidal prism) 14.3.9 These two assumptions lead, using standard equations of sediment transport, to the following conclusion: . An estuary changed from the equilibrium will respond by moving back towards its equilibrium “regime” state. 14.3.10 The regime modelling has been used to develop an understanding of the implications of the BTB Scheme on geomorphological processes within the study area. Further details about this assessment are documented in Appendix 6H. Navigation Risk Assessment 14.3.11 A Navigation Risk Assessment (NRA) (see Appendix 14A) has been carried out to assess the hazards, risks and mitigating measures associated with the construction and operation of the BTB Scheme. The assessment follows a commonly used process using As Low As Reasonably Practicable (ALARP) principles. 14.3.12 The aims of the NRA are to: . Assess the risk to users navigating the river adjacent to and through the barrier . Assess the impact on the navigation of vessels during construction of the barrier . Assess the impact on the navigation of vessels during operation of the barrier . Assess the requirements for aids to navigation . Assess the need for operational procedures required for safe navigation Bridgwater Tidal Barrier Environmental Statement 14- 3 14.3.13 The NRA process has included a workshop with the Sedgemoor District Council Harbour Master. Bridgwater Tidal Barrier Environmental Statement 14- 4 Table 14.1 Summary of navigation impacts scoped in, and out, of the assessment Scheme Impact Scoped Justification component IN or OUT Barrier Impacts on navigation between IN The A39 Drove Bridge, 1.7 km upstream of the barrier location, is the first existing Dunball and the Drove Bridge vertical clearance restriction after the overhead power lines at Combwich and due to the barrier structure Dunball, therefore Drove Bridge is considered the appropriate upstream limit for during construction and consideration within the impact assessment. operation There is currently very little navigation upstream of Dunball, however consultation undertaken during this detailed assessment stage has identified that recreational and small commercial vessel use could increase in the future. The number of barrier closures is also anticipated to increase in the future, restricting navigation at certain times in this reach (refer also to Chapter 6 (Proposed scheme), Section 6.4). The overall impact of barrier closures on navigation in this stretch of the river is therefore likely to increase in the future. Therefore, the potential for impacts on navigation between Dunball and Drove Bridge as a result of barrier closures are scoped in. A number of consultees have expressed concern that there could be an impact on navigation rights at the barrier location during construction and therefore this aspect has also been scoped in for further consideration. Impacts on navigation between IN Construction and operational phase impacts have been scoped in to the assessment Dunball and Drove Bridge due as there
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