Policy and Scrutiny

Open Report on behalf of Executive Director for Communities

Report to: Economic Scrutiny Committee Date: 28 February 2012 Subject: Boston Barrier Capital Scheme Appraisal KeyDecision decision? Reference: No Summary: This report provides an update on the current status of the Boston Barrier Project, which will provide better protection for more than 10,000 residential properties and 900 businesses currently at risk of tidal flooding in Boston and deliver the second stage of Waterways Link.

Actions Required: That members of the committee consider the progress made on the Boston Barrier and offer their support to the Executive in relation to the forthcoming decision concerning the investment of County Council funding.

1. Background

The Boston Barrier Project is intended to deliver a key aspect (Phase 3) of the flood risk management and waterways improvement recommendations of the Boston Combined Strategy. The flood risk management improvement is to increase the standard of protection against tidal flooding in Boston from 2% (1 in 50 chance in any one year) to 0.3% (1 in 300 chance) taking into account forecast sea level rise over the next 100 years. This scheme will not compromise fluvial flood risk management or land drainage.

The waterways improvement is to provide a safe and attractive navigation link between Grand Sluice and Black Sluice; thus delivering the second phase of the Fens Waterways Link. The Barrier will retain water upstream to an agreed level, mirroring the operating level of the Witham, enabling the Haven to become a navigation suitable for novice and weekend boaters; facilitating ambition to boost navigation, tourism and riverside regeneration.

The Boston Combined Strategy was approved in March 2008 and set out five stages of work to address flood risk and achieve navigational benefits in Boston.

 Stage 1, the new navigation link between the Haven and South at Black Sluice (Black Sluice Lock), was completed in March 2009 at

Page 23 a cost of £8.7m and was funded by Lincolnshire County Council (LCC) with match funding from EMDA and ERDF (European funding).  Stage 2 includes refurbishment of the Boston Haven river walls upstream of the proposed barrier; it is anticipated this work will take place in parallel with the Barrier.  Stage 3 is the provision of the multi-functional barrier.  Stages 4 and 5 are waterways facility improvements and raising of the embankments downstream of the barrier respectively; these are to be completed at a future date to be determined.

The barrier is part of the Environment Agency’s long-term plans to reduce flood risk to the town and manage water levels through Boston to allow safer navigation on the town’s waterways. It will help achieve a significant milestone of the Fens Waterways Link vision to connect the cathedral cities of Lincoln, Ely and . The Fens Waterways Link consists of 6 phases:

 Phase 1: Black Sluice Lock; Lincoln to Donington Bridge Link. Completed March 2009  Phase 2: Boston Barrier; improvements to Grand Sluice to Black Sluice link.  Phase 3: Donington to Link. Feasibility studies underway.  Phase 4: Surfleet to Crowland Link  Phase 5: Crowland to Peterborough Link  Phase 6: Nene to Great Ouse Link

Regeneration benefits

The total value of the Boston Barrier and the potential regeneration of the waterways, waterfront and the town centre, is estimated to be over £100 million. Government estimates that such an investment is likely to yield a benefit to the community of at least £230 million, and potentially up to £500 million.

The new barrier in the Boston Haven will provide a catalyst to encourage tourism and regeneration throughout Boston town centre and further afield. The project is likely to provide a range of economic opportunities which include:-

 Opportunities to re-establish the link between the town and the river, which would improve its townscape and historic character.  Potential for increased access to the riverside, with improvements in riverside recreation and amenity including opportunities for walking, cycling, angling and the provision of marinas, moorings etc.  Regenerating the Boston waterfront to encourage business opportunities within the town centre and to optimise economic benefits.  Potential for increased tourism in Boston from a more diverse source.  Improvement in local and regional waterways links to encourage regular use for navigation.  Opportunities for water-based freight movements.

Page 24 Update

Barrier

In October 2011 after a detailed technical assessment, the Environment Agency announced that the location for the barrier would be just downstream of Black Sluice Lock. (See Appendix A attached).

The next stage of the project is to undertake detailed design of the barrier, and preparation of the Transport and Works Act Order.

Water Level Management (WLM)

In addition to the preferred location, the Environment Agency identified a preferred mechanism of operation by which the barrier would stabilise water levels from Grand Sluice Lock through the town centre during the summer boating season. (see Appendix B attached)

The new water level in the Haven would mirror the operating water level in the Lower Witham (current summer levels average 1.45m AOD) during daytime hours.

The barrier would retain the water within the Haven during daylight tides in the boating season, increasing the hours of safe navigation from approximately 1.5 hours per day to approximately 6-7 hours per day, securing the link between the Grand Sluice Lock and the Black Sluice Navigation.

Water level management will have some impacts on existing users of the Haven who currently navigate to the Wash, including the Witham Sailing Club and commercial fishing fleet. We are continuing to discuss this with these users to find appropriate solutions which minimise the impacts. For example, it is anticipated that the fishing fleet would be relocated downstream of the barrier, at a location to be confirmed. It is also planned to provide a new floating pontoon moorings for other existing users, such as the Boston Motor Yacht Club, near the existing EA pontoon or the current fishing quay when it is vacated.

The new water level height will also allow delivery of stage 4 of the Boston Combined Strategy and the WLM will be flexible enough to ensure the needs of all users now and in future.

CONSULTATION

The project team is actively engaged with a wide number of key stakeholders. These include Lincolnshire County Council, Boston Borough Council, Witham Sailing Club, Maritime Leisure Cruises, Internal Drainage Boards, Port of Boston, British Waterways, the fishing fleet and residential and commercial properties near the works.

Page 25 Due to the potential effects of the barrier, detailed consultation is underway with the Port of Boston and the Boston Fishing Fleet. One option is that the Fishing fleet would be relocated within the port area, although other options are also being examined. Exact details and any further mitigation or compensation for these and other key stakeholders will be confirmed during the TWAO preparation stage.

LINCOLNSHIRE COUNTY COUNCIL CONTRIBUTION / HEADS OF TERMS

Lincolnshire County Councils involvement in the project has so far included :-

 supporting the project in public open forums and joint communications  assisting with stakeholder liaison and negotiations (e.g. fishing fleet, port etc)  providing representation on Project Board  providing nominated contacts at project team level

Government rules on funding for flood risk management capital schemes have changed and the EA are now required to seek external contributions, with all waterways navigation elements of the project being fully funded from sources external to the EA.

The Environment Agency has estimated the total cost of the project to be £85M, of which £11million is attributed to the waterways navigation elements of the scheme which they are looking to Lincolnshire County Council to fund.

In addition, the routine annual operation and maintenance (O&M) costs for the Barrier are currently estimated at:

 £50k per year (+/-10-20%) for the waterways elements; and  £50k (+/-10-20%) for the flood risk management elements.

Beyond the routine annual O&M costs, intermittent capital renewal works will be needed every 5-10 years. These are currently estimated at:

 £25k (+/-10-20%) for waterways elements; and  £35k (+/-10-20%) for flood risk management elements.

The EA are refining these estimates and are discussing with Boston Borough Council a contribution to support this element of the scheme. After 25-50 years, some larger-scale capital renewal works will be needed, particularly for the flood risk elements of the scheme. The EA are refining these estimates to examine whether it may be appropriate to seek a commuted sum from a project partner to cover these costs, or whether the source(s) of this funding could be confirmed when needed at a future time.

Going forward the partnership between the Environment Agency and LCC will be covered by Heads of Terms for a funding agreement, which will be developed in consultation with LCC’s Legal Services. The details of this agreement are currently being developed.

Page 26 LCC’s £11m financial contribution towards the project will be used to pay for the :-

 waterways share of project appraisal costs  waterways share of the TWAO preparation costs  waterways capital costs and associated mitigation costs  contribution to running costs of waterways element via a commuted sum

If the final costs of these elements totals less than £11M, the Environment Agency has requested that the underspend be used as a contribution to flood risk elements of the scheme.

LCC’s contribution to the project is limited to a maximum of £11M and payment will be phased according to an agreed programme linked to key milestones.

Programme The consenting process for building the Barrier will require the EA to apply for a Transport and Works Act Order (TWAO) from the Secretary of State for Defra. The TWAO will seek deemed Planning Permission, requiring Boston Borough Council's (as Planning Authority) acceptance and identification of any planning conditions prior to the application being submitted. The estimated programme is:-

Submit EA Business Case (Project Appraisal Report) Spring/Summer 2012 EA Business Case approved Spring 2013 Prepare TWAO application Spring 2013 to Autumn 2014 TWAO approval process Autumn 2014 to Winter 2015 Construction Spring 2016 to Spring 2018

2. Conclusion

This progress report is noted and this committee support the proposal for Lincolnshire County Council to invest £11m towards the £85m project costs of the Boston Barrier.

3. Consultation

a) Policy Proofing Actions Required n/a

4. Appendices

These are listed below and attached at the back of the report

Page 27 Appendix A Proposed Barrier Location Plan Appendix B Proposed retained water level in the Haven

5. Background Papers

The following background papers as defined in the Local Government Act 1972 were relied upon in the writing of this report.

Document title Where the document can be viewed The Boston Flood Executive/Executive Councillor report 03/11/2010 - Barrier - moving Decision Reference 01795 towards a contract with Environment Agency

This report was written by Peter Fender, who can be contacted on 01522 550604 or [email protected].

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