View from Twyford Village along the River Trent looking upstream towards Willington.

Willington C Gas Pipeline Environmental Statement

Chapter 13 Land Use, Amenity and Public Rights of Way

Version 1, July 2013 – Approved for Submission Application Reference Number – EN060001 Document Reference – WCGP 014.1.13

Required document as set out in Section 5(2)(a) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009

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This Environmental Statement has been prepared by:

Hugh Morris and Helen Burley Asset Development RWE npower Windmill Hill Business Park Whitehill Way Swindon, SN5 6PB

Telephone - 01793 877777

Email: [email protected] [email protected]

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Land Use, Amenity and Public Rights of Way

Contents

13.1 Introduction, methodology and consultations 5 13.1.1 Introduction 5 13.1.2 Methodology 6 13.1.3 Data Collection 8 13.1.4 Consultations 9

13.2 Relevant Policy Considerations 10 13.2.1 National Planning Policy 10 13.2.2 Regional Planning Policy 11 13.2.3 East Midlands Regional Plan 11 13.2.4 West Midlands Regional Plan 14

13.3 Assessment of the Baseline 17

13.4 Relevant Project Details and Design Mitigation 20

13.5 Assessment of Potential Impacts 22 13.5.1 Planning and Pre-Construction 22 13.5.2 Construction 22 13.5.3 Operation 24 13.5.4 Decommissioning 24

13.6 Mitigation measures 24 13.6.1 Planning and Pre-Construction 24 13.6.2 Construction 25 13.6.3 Operation and Decommissioning 26

13.7 Residual Impacts and Effects 26

13.8 Cumulative and In Combination Effects 27

13.9 Potential Implications of the Limits of Deviation (LOD) 28

13.10 Conclusions 28

13.11 References and Footnotes 30

Appendices (Volume 2E) Appendix 13.1 Willington C Gas Pipeline Public Rights of Way Management Strategy

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Figures (Volume 3) Figure 13.1 Land use and Amenity Overview Figure 13.1.1 Land use and Amenity Section 1 Figure 13.1.2 Land use and Amenity Section 2 Figure 13.1.3 Land use and Amenity Section 3 Figure 13.1.4 Land use and Amenity Section 4 Figure 13.1.5 Land use and Amenity Section 5 Figure 13.1.6 Land use and Amenity Section 6 Figure 13.1.7 Land use and Amenity Section 7 Figure 13.1.8 Land use and Amenity Section 8 Figure 13.2 Public Rights of Way in proximity to the Willington C Gas Pipeline

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13.1 Introduction, methodology and consultations

13.1.1 Introduction 1 This chapter presents information related to the human use of land within and near to the proposed Willington C Gas Pipeline (WCGP) route and includes an assessment of how the development could affect land use, amenity use and Public Rights of Way (PRoW). 2 Most forms of development are likely to bring about land use change of some sort although evidently the degree of change will depend on the nature of the development, the baseline conditions and the area of land affected. The land use of the pipeline route is predominantly agricultural with both arable and pastoral farming represented. Following pipeline installation the land will be restored to its former use and there will be no change in land use. The only permanent land use change will be at the Above Ground Installation (AGI) near the village of Yoxall, the AGI contains the control valves, instrumentation and pipeline access facilities located at the start point of the pipeline. For this reason in this chapter evaluation of the impact of the pipeline and construction places particular emphasis on issues of amenity and PRoW and issues associated with the quality of life and human wellbeing. 3 The concept of amenity is broad. It is defined here as any human and natural resources that have the potential to provide emotional, physical or material benefit to the public. Generally, the amenity is free or available by payment, and offers opportunities for formal and informal leisure. This might be, for example, sports facilities, waterways used for fishing and/or boating and the network of PRoW. An amenity can also be a less tangible resource and include such things as attractive landscapes and other visual amenities. The route has been carefully selected to avoid loss or disturbance to amenities. 4 The route of the WCGP crosses a number of PRoW that consists of public footpaths, bridleways, cycle routes and other forms of public access. Footpaths can only be used by walkers whereas bridleways are open to walkers, horse-riders and cyclists. PRoW are part of the Queen’s highway and are protected by the same laws that apply to other highways. 5 This chapter describes the methods used to collect information and the sources of information. It also provides a review of the baseline conditions along the WCGP route, the Indicative Pipeline Route, the Limits of Deviation and Works Limits, and incorporates an assessment of potential impacts and the measures that would be taken to mitigate adverse effects during all phases of the development: pre- construction and enabling works, pipeline installation and construction, operation and decommissioning. The land use and amenity mapping does not include minerals and historic landfill, which are considered in Chapter 6 of this Environmental Statement (ES) entitled ‘Geology and Soil Resources’.

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13.1.2 Methodology 6 The impact assessment methodology is based on that of the Highways Agency in the Design Manual for Roads and Bridges1 (DMRB), which is used as an evaluation tool for linear development schemes. Although there is no standard method of assessment for land use, amenity and PRoW the DMRB does provide guidance on some relevant issues, more specifically in Volume 11, Section 3, Part 6 Land Use and Part 8 Pedestrians, Cyclists, Equestrians and Community Effects. Professional judgment is also used in conjunction with guidance criteria in completing the impact assessment. The DMRB uses the following tables to determine the significance of environmental effects.

Table 13.1 Magnitude of Impact and Typical Descriptors Magnitude of Typical Criteria Descriptors Impact Loss of resource and/or quality and integrity of resource; severe damage to key characteristics, features or elements (Adverse) Major Large Scale or major improvement of resource quality; extensive restoration or enhancement; major improvement of attribute quality (Beneficial) Loss of resource, but not adversely affecting the integrity; partial loss of/damage to key characteristics, features of elements (Adverse) Moderate Benefit to, or addition of, key characteristics, features or elements; improvement of attribute quality (Beneficial) Some measurable change in attributes, quality or vulnerability; minor loss of, or alteration to, one (maybe more) key characteristics, features or elements (Adverse) Minor Minor benefit to, or addition of, one (maybe more) key characteristics, features or elements; some beneficial impact on attribute or a reduced risk of negative impact occurring (Beneficial) Very minor loss or detrimental alteration to one or more characteristics, features or elements (Adverse) Negligible Very minor benefit or positive addition to one or more characteristics, features or elements (Beneficial) No loss or alteration of characteristics, features or elements; no No Change observable impact in either direction. 7 The magnitude of impact is related to the extent to which the site integrity is affected, which is in turn reflected in the site’s ability to continue to function (provide a service) under the influence of the predicted impact.

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Table 13.2 Descriptors of the Significant of Effect Categories Significance Typical Descriptors of Effect Category Very Large Only adverse effects are normally assigned this level of significance. They represent key factors in the decision-making process. These effects are generally, but not exclusively, associated with sites or features of international, national or regional importance that are likely to suffer a most damaging impact and loss of resource integrity. However, a major change in a site or feature of local importance may also enter this category. Large These beneficial or adverse effects are considered to be very important considerations and are likely to be material in the decision-making process. Moderate These beneficial or adverse effects may be important, but are not likely to be key decision-making factors. The cumulative effects of such factors may influence decision-making if they lead to an increase in the overall adverse effects on a particular resource or receptor. Slight These beneficial or adverse effects may be raised as local factors. They are unlikely to be critical in the decision-making process, but are important in enhancing the subsequent design of the project. Neutral No effects or those that are beneath levels of protection, within normal bounds of variation or within the margin of forecasting error. Significance Typical Descriptors of Effect Category

Table 13.3 – Arriving at the Significance of Effect Categories MAGNITUDE OF IMPACT (DEGREE OF CHANGE) No Negligible Minor Moderate Major Change Moderate or Large or Very Very High Neutral Slight Very Large Large Large Slight or Moderate or Large or Very High Neutral Slight Moderate Large Large Neutral or Moderate or Medium Neutral Slight Moderate Slight Large (SENSITIVITY) Neutral or Neutral or Slight or Low Neutral Slight Slight Slight Moderate ENVIRONMENTAL VALUE Neutral or Negligible Neutral Neutral Neutral or Slight Slight Slight

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8 The approach presented in this matrix is inevitably simplistic. The assessment of impact significance must be further qualified by the consideration of other factors, such as the extent and duration of the impact, its timing and the probability that the impact will, in fact, occur.

13.1.3 Data Collection 9 Information has been assembled from a variety of sources and has been collated in Figure 13.1, Figures 13.1.1 to 13.1.8 and Figure 13.2. This included a range of web-based material hosted by Derbyshire and Staffordshire County Councils, national and regional agencies. These are identified in Table 13.4.

Table 13.4 Data Sources for Land Use and Amenity Mapping

Data Source Data Theme Household waste/recycling sites Landfill gas utilisation facilities Public Rights of Way Materials recycling facilities Staffordshire County Council Organic treatment facilities Residual treatment facilities Scrap yards Waste site submissions Waste transfer facilities Staffordshire County Council Planning applications Website 'LocalView' Derbyshire County Council Public Rights of Way Derbyshire County Council National Forest woodland sites Planning website Various active leisure sites Staffordshire Ecological Nature Reserves Record Non-statutory wildlife sites Nature Reserves Derbyshire Wildlife Trust Non-statutory sites SSSIs, SPAs, SACs, NNRs, LNRs, Ancient Woodland Natural England Inventory Land cover Ordnance Survey Urban Areas Various amenity land (sports/recreation, services) MAGIC.gov.uk.website Registered Common Land

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13.1.4 Consultations 10 Scoping comments were received from the Infrastructure Planning Commission (IPC) in August 2010.2 A number of relevant comments relating to amenity and PRoW were received and these are summarised as follows:  The IPC in its scoping opinion recommends that the ES takes into account impacts upon PRoW in the local and wider area, PRoW in this context includes footpaths, bridleways and byways. The ES should discuss the duration that both existing and future facilities will be affected by the development and short and longer term mitigation measures.  Nottinghamshire County Council comment that the ES should, within the description of the local land use, describe PRoW and any plans should show PRoW. 11 Consultation meetings were held between RWE npower and respective County Council PRoW officers to discuss the proposed assessment methodology, the draft Willington C Gas Pipeline Public Rights of Way Management Strategy and to provide officers with an opportunity to discuss key issues at an early stage in the assessment process. 12 A consultation meeting was held with PRoW officers from Derbyshire County Council on the 25th January 2011 and with PRoW officers from Staffordshire County Council on the 31st January 2011. Attendees at these meetings were: Hugh Morris, (Senior Consents Manager, RWE npower), Helen Burley, (Consents Specialist, RWE npower), Mike Peel, (Project Manager, RWE npower) and Julie Bishop, (Derbyshire, Derbyshire County Council PRoW Officer) and Richard Collins (Staffordshire County Council PRoW Officer) and Glyn Chapman (Staffordshire County Council Development Services Directorate). 13 Engagement on the draft Development Consent Order (DCO) took place in April/May 2011 and again, this time with the Draft ES, between November 2011 and January 2012. A consultation meeting was held on the 12th December 2011 with officers from Derbyshire and Staffordshire County Councils and East Staffordshire Borough and South Derbyshire District Councils to discuss comments on the draft DCO and ES distributed in November 2011. 14 PRoW officers of Derbyshire and Staffordshire are the highway authorities and principle surveying authorities with responsibility for path maintenance and have a duty to “…assert and protect the rights of the public to the use and enjoyment” of paths in their area. They also have responsibility preparing the ‘definitive map’, which is a legal record of the public’s right of way. Officers were consulted on appropriate procedures for temporary closures of cycleways, bridleways and footpaths and to devise a strategy to ensure the duration of closure was kept to a bare minimum and the public provided with alternative routes where necessary.3 15 A list of consultations held in preparation for the environment statement is given in Chapter 1 (Introduction) where issues related to land use, amenity and PRoW were addressed directly or indirectly. This included Derbyshire County Council (DCC), Staffordshire County Council (SCC), South Derbyshire District Council (SSDC), East Staffordshire Borough Council (ESBC), Environment Agency, Natural

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England, English Heritage, Lichfield District Council, Staffordshire Wildlife Trust, Derbyshire Wildlife Trust and SCC and DCC Highways Departments. 16 Consultation has also taken place with local fishing clubs in close proximity to the WCGP. Burton Mutual Angling Association, ARC Angling Club, Dove Valley Anglers Association, Railway Angling Club and the Pride of Derby Angling Club have all been consulted with. The latter two angling clubs are tenants of British Waterways, with one renting a section of the Trent and Mersey canal and the other tenanting a pond between the Birmingham to Derby railway line and the Trent and Mersey Canal. Additional discussions have taken place with the Burton Mutual Angling Association, who has fishing rights on the River Dove, regarding disturbance during the construction phase.

13.2 Relevant Policy Considerations

13.2.1 National Planning Policy 17 There is not a specific policy that covers land use, amenity and PRoW but these themes are insinuated in many of the national and regional planning policies. The National Planning Policy Framework4 (NPPF) published in March 2012 sets out the Government’s national planning policies. The NPPF covers open space, promoting healthy communities. The NPPF replaces National Planning Policy Guidance and Planning Policy Statements. The NPPF provides guidance to local authorities and regional agencies on national planning policy. Virtually all planning guidance becomes relevant when considering land use impacts. In evaluating the impact of the pipeline in this chapter particular emphasis is placed on issues of amenity and PRoW. 18 The NPPF does not contain specific policies for nationally significant infrastructure projects. Such policies are contained in National Policy Statements (NPS), of which EN-1 and EN-4 are relevant to this project. These policy statements were debated in Parliament on the 18th July 2011 in the House of Commons; and were subsequently approved and designated under the Planning Act 2008 on 19th July 2011 by the Secretary of State for Energy and Climate Change. 19 The NPPF recognises the importance that planning can make in promoting healthy communities. Reference is made to the fact that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities. Planning should ensure that existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless an assessment has been undertaken stating that the open space is considered surplus to requirements, that any loss of provision would be replaced by improved provision or the need for the development justifies the loss of provision. 20 The NPPF recognises that planning policies should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users. 21 The NPPF recognises that planning has an important role to play in preventing unacceptable risks from pollution and land instability by ensuring that planning

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policies and decisions ensure that new development is appropriate for its location. The effects (including cumulative effects) on the natural environment or general amenity, and the potential sensitivity of the area or proposed development to adverse effects from pollution, should be taken into account. 22 National Policy Statements (NPS) EN-1 and EN-4 are relevant to this project. These policy statements were debated in Parliament on the 18th July 2011 in the House of Commons subsequently approved and designated under the Planning Act 2008 on 19th July 2011 by the Secretary of State for Energy and Climate Change. 23 Policy Statement EN-1 Overarching Energy Statement5 includes consideration of land use, open space, green infrastructure and green belt land. The Statement requires that the application and supporting documents should seek to identify both existing and future land uses near the project and should contain sufficient information to enable the impact of development on existing land use, including open space, sport and recreation facilities. The view of both statutory bodies as well as the local community should be taken into consideration. 24 Policy EN-4 Gas Supply Infrastructure and Gas and Oil Pipelines6 contains information on the environmental considerations that should be adopted when routing and assessing gas pipelines, however amenity specific constraints or requirements are not included.

13.2.2 Regional Planning Policy 25 Regional Plans are to be abolished by The Secretary of State for Communities and Local Government but remain in use until replaced as a planning decision tool. East Midlands Regional Plan (2009)7 contains a number of policies that are relevant in the consideration of amenity and PRoW and impact directly or indirectly on the quality of life and wellbeing.

13.2.3 East Midlands Regional Plan

Policy 26 - Protecting and Enhancing the Region’s Natural and Cultural Heritage 26 Sustainable development should ensure the protection, appropriate management and enhancement of the Region’s natural and cultural heritage. As a result the following principles should be applied:  the Region’s internationally and nationally designated natural and historic assets should receive the highest level of protection;  neither direct nor indirect damage to EU designated Natura 2000 sites will be permitted;  damage of natural and historic assets or their settings should be avoided wherever and as far as possible, recognising that such assets are usually irreplaceable;  unavoidable damage must be minimised and clearly justified by a need for development in that location which outweighs the damage that would result;

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 unavoidable damage which cannot be mitigated should be compensated for, preferably in a relevant local context, and where possible in ways which also contribute to social and economic objectives;  there should be a net increase in the quality and active management of natural and historic assets across the Region in ways that promote adaptation to climate change, and in increase in the quantity of environmental assets generally; and  the Region’s best and most versatile agricultural land should be protected from permanent loss or damage. 27 Wildlife areas, open greenspaces and cultural heritage features are an important public amenity asset and this is recognised in development planning. The pipeline has been routed to avoid natural and cultural heritage features of value.

Policy 28 - Regional Priorities for Environmental and Green Infrastructure 28 Local Authorities, statutory environmental bodies and developers should work with the voluntary sector, landowners and local communities to ensure the delivery, protection and enhancement of ‘Environment Infrastructure’ across the Region. Such infrastructure should contribute to a high quality natural and built environment and to the delivery of sustainable communities. 29 Local Authorities and those responsible for the planning and delivery of growth and environmental management across the Region should work together to:  assess the capacity of existing Environment Infrastructure to accommodate change in order to inform decisions on the scale, location and phasing of new developments. Account should be taken of current deficits and likely future demands, including those likely to result from climate change, to identify any further needs or constraints;  select appropriate indicators and targets to monitor the condition of Environmental Infrastructure and to ensure that its capacity to accommodate change is not breached;  ensure that the provision and design of new Environmental Infrastructure is considered and its delivery planned through environmental capacity analysis at the same time as other infrastructure requirements;  within Local Development Frameworks develop ‘green infrastructure plans’ based on character assessments of existing natural, cultural and landscape assets and the identification of new assets required to meet the needs of existing and expanding communities;  increase access to green space that can be used for formal and informal recreation, educational purposes and to promote healthy lifestyles, without increasing pressures on sensitive sites, especially those designated under the European Habitats Directive; and  identify delivery and funding mechanisms for the creation and future management of Green Infrastructure, including from the planning system and other funding sources such as EU funded Environmental Stewardship Schemes.

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30 The development of regional and national green infrastructure brings benefits in environmental quality, a range of ecosystem service gains and opportunities for recreation. The pipeline has been routed to avoid impacts on amenities.

Policy 29 - Priorities for enhancing the Region’s Biodiversity 31 Local Authorities, statutory environmental bodies and developers should work with the voluntary sector, landowners and local communities to implement the Regional Biodiversity Strategy, and to deliver a major step change increase in the level of biodiversity across the East Midlands. Measures should include the:  achievement of the East Midlands regional contribution towards the UK Biodiversity Action Plan targets as set out in Appendix 3;  establishment of large scale habitat creation projects in the biodiversity conservation and enhancement areas illustrated in Diagram 6;  establishment of a regional project to promote the re-creation of key wildlife habitats in each Natural Area in the East Midlands;  creating, protecting and enhancing networks of semi-natural green spaces in urban areas;  creating , protecting and enhancing features of the landscape which act a corridors and ‘stepping stones’, essential for the migration and disposal of wildlife;  development and implementation of mechanisms to ensure that the development results in no net loss of BAP habitats and species, particularly for restricted habitats with special environmental requirements, and that net gain is achieved; and  development and maintenance of appropriate data to monitor and report on regional targets, BAPs and BCAs/BEAs. 32 The indicative pipeline route avoids any recognised areas of biodiversity and geodiversity value and there is no permanent loss of habitat or lasting threat to wildlife. The pipeline does cross a short section of Brankley Pastures Sites of Biological Importance (SBI) but the land has only recently been taken out of arable production and the botanical interest and wildlife value is very limited and this has been sanctioned by the Staffordshire Wildlife Trust.

Policy 41 - Regional Priorities for Culture, Sport and Recreation 33 Local Authorities and Strategic Sub-Regional Partnerships should work with local communities to develop ‘cultural infrastructure plans’ to inform Local Development Frameworks and other relevant plans and strategies. These should specify:  key elements of cultural provision, including assets needing refurbishment, relocation of facilities and new provision;  standards and costs for provision, including quality standards; and  the sources of and potential sources of funding, including from the planning system.

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34 Local Authorities should also work with County-based Sport Partnerships, Sport England and other relevant bodies to ensure that there is adequate provision of sports and recreational facilities consistent with the priorities for urban and rural areas outlined in Policy 3, and the relevant sub-area policies under Section 2.4. Where appropriate, there should be joint working across administrative borders to ensure that identified need is met in the most effective manner. Particular attention should be given to ensuring the Region maximises the benefits arising from the London 2012 Olympics.

Policy 42 - Regional Priorities for Tourism 35 Local Authorities, East Midlands Development Agency, Sub-Regional Strategic Partnerships and other relevant public bodies should seek to identify areas of potential for tourism growth which maximise economic benefit whilst minimising adverse impact on the environment and local amenity. Potentially adverse effects on internationally designated nature conservations sites should be avoided or mitigated. Measures should include:  provision for additional tourist facilities including accommodation close to popular destinations that have adequate environmental and infrastructure capacity, particularly those within walking and cycling distance;  improvement in the quality of existing facilities and services; and  improvements to accessibility by public transport and other non-car modes.

13.2.4 West Midlands Regional Plan 36 The West Midlands Spatial Strategy 20088 also recognises the importance of public use of space in a number of policy statement, for example:

Policy PA10: Tourism and Culture  A. Development plans should generally encourage both the improvement of existing provision as well as the creation of new facilities, subject to the capacity of infrastructure and the environment to accommodate the new facilities and visitors associated with them. They should include policies that support the further development and success of key Regional tourism and cultural assets.  B. Where large-scale, innovative projects can contribute to the overall ‘offer’ of the Region, these should also be encouraged in suitable locations well served by public transport and where this can make an appropriate contribution to urban or rural regeneration. In this respect it is important that development plans take forward and carefully consider the long-term potential of the National Forest.  C. Within development plans, local authorities should identify those areas where the development of sustainable tourism can be encouraged to the benefit of the local economy and employment without damaging local environment or character. In doing so, they should assess the cumulative impact of tourism on the environmental assets (including biodiversity), character, infrastructure and local economy of each area, and on the

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needs of local residents. In the light of these factors, it may be necessary to limit development to particular types or scales of tourism. Plans should also include proposals to mitigate any problems caused by existing tourism.

Policy T3: Walking and cycling 37 Development plans and local transport plans should provide greater opportunities for walking and cycling by: i) developing safe, secure, direct, convenient and attractive networks which connect town centres, local facilities, educational premises, public transport interchanges, residential and employment areas; ii) giving pedestrians and cyclists priority in residential areas and town centres; iii) providing links between smaller settlements and centres and development of greenways and quiet roads; iv) developing the National Cycle Network; v) making the most effective use of canal towpaths; vi) expanding ‘cycle & ride’ and cycle carriage on public transport; and vii) ensuring that new developments and infrastructure proposals improve walking and cycling access.

Transport - Policy 8: Cycling 38 In consultation with the Highway Authority, provision will be made for safe, pleasant and, where possible, networks of segregated cycle routes wherever opportunities arise and resources permit, including utilising disused railway lines and suitable footpaths. Provision will be made to meet the needs of cyclists in the design of highway improvements, traffic management and pedestrianisation schemes.

Recreation and Tourism

Policy 1: Recreation and Tourist Facilities 39 Proposals for recreation and tourist facilities will be permitted provided that:  development does not cause disturbance to local amenity by virtue of noise or traffic generation;  adequate provision is made for pedestrian and vehicular access, parking, servicing, screening and landscaping; and  they are of appropriate scale and design and are well integrated with their surroundings.

Policy 4: Provision of Outdoor Playing Space in New Housing Development 40 Proposals for new housing development will be permitted provided that adequate provision is made, in accordance with the Council’s current standards, for outdoor space to meet the needs of development. The Council will negotiate planning

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obligations under Section 106 of the Town and Country Planning Act 1990 to secure such provision.

Policy 5: Loss of Recreation Facilities 41 A) Proposals for the redevelopment of existing recreational facilities will not be permitted unless either:  a suitable replacement is provided, or  alternative provision of equivalent community benefit is made, or  sports and recreation facilities can best be retained and enhanced through the redevelopment of a small part of the site, or  the existing facility is no longer required. 42 B) The council will negotiate planning obligations under Section 106 of the Town and Country Planning Act 1990 to secure the provision of facilities to replace those lost and to meet the needs of the development permitted.

Policy 8: Public Footpaths and Bridleways 43 The existing network of footpaths and bridleways will be protected. New development will not be permitted unless established routes are safeguarded or suitable alternatives are provided.

Policy 10: Touring Caravan and Camp Sites 44 Proposals for touring caravan and camp sites will be permitted provided that;  the sitting of the development does not result in an unduly prominent intrusion in the countryside or damage the character of areas of local landscape value;  development does not cause disturbance to local amenity by virtue of noise or traffic generation;  adequate provision is made for pedestrian and vehicular access, parking, servicing, screening and landscaping; and  the development is of an appropriate scale and design and is well integrated with its surroundings.

Environment

Policy 8: Open Spaces in Villages and Settlements 45 Open spaces, gaps and landscape features which make a valuable contribution to the character or the environmental quality of individual villages and settlements will be safeguarded from development.

Policy 9: Protection of Trees and Woodland  A. Development will not be permitted which would lean to the loss of areas of woodland or specimen trees of value to their landscape setting.

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 B. Conditions will be imposed on planning permissions to secure the planting of trees and woodland in association with development proposals.

Policy 10: The National Forest 46 Development will be permitted within the area of the National Forest as shown on the proposals of the local plan and is accompanied by appropriate tree planting. 47 The indicative pipeline route avoids all National Forest woodland sites with the exception of a new site to the south of Browns Lane near Yoxall. This plantation was partially planted during winter 2011 and planting is expected to be completed in winter 2012. A gap has been left in the planting scheme based on the route of the indicative pipeline, however it will be necessary during the construction phase to remove trees depending upon the final alignment of the pipeline and given the width of the construction corridor is greater than the gap required post construction. Removal of trees will be discussed with the landowner prior to construction and trees removed will be replanted following construction.

Policy 11: Sites and Features of Natural History Interest 48 A) Development will not be permitted which would result in:  any disturbance to sites of special scientific interest, or national and local nature reserves; or  significant disturbance to other sites and features of country and district importance for nature conservation or containing protected species or wildlife. 49 B) Where essential development would affect sites and features or natural history interest, measures will be taken to minimise its impact. Where necessary, the Council will impose conditions on planning permissions or negotiate planning obligations under Section 106 of the Town and Country Planning Act 1990 to secure appropriate habitat conservation and enhancement. 50 C) Where proposals for development would likely to disturb recognised features of natural history interest; applicants will be required to submit a statement of the ecological and/or geological interest of the site, the impact of the proposed development on such features and an indication of the mitigating measures to be taken. 51 D) The Council will impose conditions on planning permissions or negotiate planning obligations under Section 106 of the Town and Country Planning Act 1990 to create habitats in new developments.

13.3 Assessment of the Baseline 52 An indicative pipeline route has been developed and is the indicative pipeline position for the assessment, with a 30m nominal working corridor centred on the assumed pipeline position. The draft Development Consent Order (DCO) includes ‘limits of deviation’ (LOD) for the positioning of the pipeline that allows it to be located within 30m either side of the indicative position.

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53 The ‘works limits’ within which the works authorised by the DCO can be carried out are set typically 20m wider. The effect is that the pipeline route could ‘swing’ by up to 30m either side of the indicative position and the working corridor could ‘swing’ by typically up to 35m from the indicative corridor to the edge of the works limits. This makes the works limits typically 100m wide. The actual LOD and works limits are shown on the works plans, Figures 2.1A – 2.10A in Chapter 2, Volume 3, and these also show additional working areas and side access locations where extra land has to be taken. 54 A set of land use and amenity figures has been created for a land corridor 1km either side of the indicative pipeline route corridor. These are presented as Figure 13.1 and Figures 13.1.1 to 13.1.8 in Volume 3. 55 The construction works will be confined within a working corridor, extending either side of the pipeline, plus what are referred to as ‘additional working areas’. The corridor will be nominally 30m wide, except where additional working area is required. This is the minimum width that is industry practice for this type of operation and it is common to use a working width of up to 40m for this size of pipe. The 30m working corridor is the minimum required for construction of a straight pipeline where no obstacles are encountered. The precise areas cannot be specified because this will depend upon the detailed working methodology and the site layout and will be agreed with individual landowners on a case by case basis. The assumed temporary land-take including temporary compounds and Above Ground Installation is 120ha. 56 If the land use and amenity mapping is confined to a narrower 100m corridor, the land use, as calculated in summer 2011, is almost exclusively agricultural with 35% given to winter sown cereals and 42% improved grassland and 11% semi-improved grassland used for dairying and sheep pasture. In the southern section near the village of Yoxall and the floodplain of the River Trent and its tributary the River Swarbourn, livestock farming dominates. The same is true for the River Dove floodplain to the north of Rolleston on Dove where the possibility of flooding is relatively high which discourages cropping. Other grassland areas tend to be found where the land is steeper or wetter. In contrast the arable areas tend to be associated with flatter and drier ground. 57 Extending the scope to 1km either side of the 30m working corridor incorporates a number of built-up areas including much of the villages of Yoxall, Tutbury and Hatton, Rolleston on Dove, Egginton and parts of Willington. These together occupy 5% of the area within the 2km buffer. These are indicated on Figures 13.1 and 13.1.1 to 13.1.8. However, the area given to agriculture remains the highest single proportion. 58 Of land within the 2km corridor 8% is classed as deciduous or mixed woodland. Some small coppices and blocks of the woodland lie within farmland however; the largest proportion forms part of the National Forest, which is confined to the southern section of the indicative pipeline route. The National Forest and associated wildlife sites aims to create a new landscape across 200 square miles covering parts of Leicestershire, Derbyshire and Staffordshire, making large areas accessible for visitors and providing opportunities for rural diversification that

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benefit the general public and local economy. Under the Changing Landscape Scheme landowners can bid for funds for the creation of woodlands, meadows, unimproved grassland, orchards, hedgerows and wetlands. 59 The National Forest, wildlife sites and greenspaces represent an important public asset with open access providing opportunities for formal and informal recreation. In Derbyshire there is one statutory wildlife site within the 2km corridor, the Old River Dove SSSI to the south of the village of Marston-on-Dove (Figure 13.1.6; SK 238285). It is an ox-bow lake important for aquatic flora and fauna and one of the best sites in Derbyshire for dragonflies. Non-statutory Sites of Biological Importance (SBI) include the Trent and Mersey Canal (Figure 13.1.7 and 13.1.8), Egginton Common (Figure 13.1.7) and Willington Gravel Pits (Figure 13.1.7), which is a Derbyshire Wildlife Trust Nature Reserve. The reserve was formally a sand and gravel quarry that now forms an important wetland habitat with common and some rare bird species that attract many visitors. Just outside the 1km buffer is the non- statutory earth heritage feature designated a Regionally Important Geological Site (now known as Local Geological Sites) near Etwall, referred to as the Hilton Terrace, which is the oldest and highest terrace along the River Trent. There are also a large number Local Wildlife Sites, all relatively small but providing important greenspace and wildlife interest. 60 The Staffordshire section of the 2km wide corridor does not have any statutory sites for wildlife or earth heritage interest although it does have a number of non- statutory SBIs. Some of the larger areas include Brankley Pastures owned and managed by Staffordshire Wildlife Trust. Here, there is a waymarked family trail through woodland and open habitats, formally part of the Needwood Forest and an extensive area of wooded pasture and parkland. Much of the area was recently farmed and now it is being restored to an historic landscape. Other larger SBIs include the woodland (The Dingle) around the lakes and stream within the National Football Centre and the open grasslands and deciduous woodlands in the grounds of Needwood House. For details of designated wildlife sites please refer to Appendix 8.1 Baseline Habitat Survey Report 2011, Section 2 Desk Study and Appendix A. 61 There are a number of commercial retail and amenity areas along the corridor. The Belmont Golf Driving Range and Golf Course is situated 0.5km to the north of the small village of Anslow Gate (Figure 13.1.4) and this represents the only golf facility in close proximity to the corridor. At the northern section of the pipeline (Figure 13.1.8) is Mercia Marina connected to the Trent and Mersey Canal at Willington, halfway between Fradley Junction and Trent Lock Sawley. With retail and leisure facilities and nearly 600 berths it is the largest canal-based marina in the UK. 62 Less than 0.5km to the west of the marina is Derby Services at the Junction 4 interchange of the A50 and the A38 (Figure 13.1.8). The small complex consists of a fuel station, fast-food and pub restaurant and a hotel. Derby Airfield (Figure13.1.7) is located approximately 1km to the north of Egginton off the A5132. It is a privately owned licensed airfield for light aircraft and the base for Derby Aero Club and Flying School. Byrkley Park Garden Centre, situated at Rangemore, is a large garden centre with restaurant set in the walled kitchen garden formally part of

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the country mansion Byrkley Lodge. There is also a small farmyard area for young children. There are a number of sports grounds and playing fields at Willington (Figure 13.1.8), Egginton (Figure 13.1.7), Rangemore (Figure 13.1.3), Rolleston on Dove including the Rolleston Cricket Club (Figure 13.1.6) and Tutbury/Hatton (Figure 13.1.5). 63 Angling is an important leisure pursuit on the River Dove and the River Trent. The Old River Dove SSSI is also fished for coarse species through agreement with Natural England although it is not permitted in the closed season. The Trent and Mersey Canal has healthy numbers of fish including bream, chub, perch, roach and gudgeon.9 64 The corridor has a network of PRoW consisting of bridleways, footpaths and cycle routes. As stated earlier Derbyshire and Staffordshire County Councils are the highway authorities with responsibility for path maintenance. Footpaths are only open to walkers and are waymarked with a yellow arrow. Bridleways are open to horse riders, walkers and cyclists and are waymarked with a blue arrow. PRoWs designated as Restricted Byways are open to walkers, cyclists, riders and horse drawn carriages and these are waymarked with a plum-coloured arrow. A Byway Open to All Traffic (BOAT) is open to walkers, cyclists, horse-riders, horse-drawn vehicles and motor vehicles, and is waymarked with a red arrow. Derbyshire and Staffordshire have approximately 4,800km and 4,400km respectively of PRoW.10 11 The indicative gas pipeline route crosses a number of PRoW. These are indicated on Figure 13.2 and consist of public footpaths, bridleways, cycle routes and other forms of public access. The majority of the PRoW are footpaths, but there are also five bridleways within 1km of the pipeline of which two traverse the pipeline route. One of the footpaths is the 65km ‘Way for the Millennium’, which forms part of the national network of footpaths and passes through Yoxall village.

13.4 Relevant Project Details and Design Mitigation 65 Project and construction details are provided in Chapters 2 and 3 of this ES. The indicative route has been selected to avoid amenity areas and features such as golf courses, sports and playing fields. The River Dove and Trent and Mersey Canal will be tunnelled under using non-open cut construction methods, such as horizontal directional drilling (HDD), and there will be no surface interruption in water-based activities such as fishing, boating and public use of the towpaths. There will be no disruption to boating activities or access to the Mercia Marina or any sections navigable for boats and canoes on the River Trent, River Dove or River Swarbourn. There will inevitably be vehicular traffic during construction and this, as well as drilling operations will add to the background noise level. 66 Construction noise and vibration are assessed in Chapter 10 (Noise and Vibration) and at most locations, the construction noise levels from cut and cover pipeline operations will be comparable to those produced by agricultural machinery. Pipeline installation by the cut and cover operation progresses quickly along the pipeline route and consequently noise impacts at any particular position will be temporary and short term.

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67 In terms of sub-surface noise, the HDD works will be temporary and short term, with a typical duration of 10 - 20 days per location, though could potentially be as short as 12 hours or as long as 3 months in some HDD operational locations. The drill head is either mechanically or pneumatically driven by equipment located on the surface drill site, so the only noise produced underground is from the action of the rotating drilling bit, cutting into soil, or rock. The noise produced is therefore comparable to noise generated by any rotary drilling equipment i.e. a steady modest level of noise. Although it is complex to predict noise transmission through soil and rock strata, there will inevitably be significant noise loss between the drill head and the surface watercourses, due to energy dispersal. Therefore, there is unlikely to be any short term noise of sufficient magnitude to generate any alarm to aquatic life in the watercourses along the pipeline route. Indeed, noise levels produced are likely to be significantly below those normally generated, for example, by powered canal boats. More detail on this topic is offered in Chapter 10. 68 Appendix 13.1 entitled ‘Willington C Gas Pipeline Public Rights of Way Management Strategy’ describes the procedures to be adopted for temporary closure of footpaths during construction and strategies adopted to ensure crossings are managed safely and disturbance to users is kept to a minimum. A ‘cross- country’ pipeline construction will be used which means the installation is relatively rapid and the disruption to the public limited. RWE npower would liaise with respective County Council PRoW Officers to ensure the majority of the paths and bridleways would be kept open during construction although closure over a few days would be necessary during periods of intense construction activity, for example during trench digging, laying the pipeline and back-filling. Signs would be erected to inform the general public of operations, redirections and any necessary safety information. 69 One of two methods would be used when crossing footpaths. More usually, PRoW would be ‘open cut’, which involves digging a trench across the path. Alternatively, several footpaths which are adjacent to “Special Crossing” sections would be crossed by drilling beneath. This would apply to footpaths close to or running parallel with roads, railway lines, larger rivers and canals. As there is no need to excavate a trench these footpaths would likely remain open for the duration of construction. The Public Rights of Way Management Strategy identifies each footpath crossing along the indicative WCGP route, describes the approximate length of the crossing, the proposed crossing method to be adopted (open-cut or drilling beneath) and illustrates the location of each crossing on a set of eight figures. 70 For linear projects, such as pipelines, it is normal to include ‘Limits of Deviation’ (LOD) within the consent. The LOD, under the previous consenting regime for this type of project (The Pipelines Act) would have been defined in metres in the lateral plane. Instead of using a fixed limit, the LOD, for the pipeline is up to a maximum of 30m either side of the indicative position. The works limits, within which the temporary construction corridor can be located extends typically a further 20m. The implications are that the construction corridor could ‘swing’ by approximately 30m in either direction from the indicative position of the limit is shown on the route plans and is a maximum of 60m either side of the indicative construction corridor strip.

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13.5 Assessment of Potential Impacts

13.5.1 Planning and Pre-Construction 71 No impacts are anticipated at this phase of the development.

13.5.2 Construction 72 The assessment has considered the potential impacts of the pipeline on land use, amenities and PRoW. There are no impacts considered likely in advance of works commencing although an important prerequisite to works is the establishment of a footpath management plan which will require approval from the relevant planning authority. There will be an approved management plan for both the permanent PRoW diversion as well as temporary PRoW closures. 73 Chapter 3 discusses pipeline construction methods in greater detail; though it is proposed that the WCGP construction process will follow the typical ‘cross-country’ pipeline construction method. This allows construction to be completed quickly and it is anticipated that construction will be completed within one construction season. 74 Construction of the pipeline will involve the temporary change in land use when the working corridor is stripped of soil and hedgerows removed. Soil will be stored in bunds at the edge of the running track. However, land reinstatement will take place in the autumn following the construction period with the planting of hedgerows taking place in early winter. All land in the temporary construction corridor will be reinstated to its original condition and returned to its previous use or that chosen by the landowner. 75 It is estimated that approximately 120ha of land will be temporarily affected by the construction. The majority of the land take is for the construction corridor (110ha) and a further 10ha has been allowed for compounds and storage areas. Although significant space is allocated for pipeline bends where the corridor will be widened to provide soil storage capacity and at road crossings where additional working area is needed on each side. 76 The only permanent land use change will be at the Above Ground Installation (AGI) near Yoxall as a result of the construction of a compound and associated access road in a field currently sown with silage crops. The AGI, approximately a 60m x 60m compound, comprises the control valves, instrumentation and pipeline access facilities located at the start point of the pipeline. Buildings, pathways, gravel areas and access roads will be required which combined in area amounts to a permanent land use change of approximately 1.02ha of which approximately 0.6ha will be landscaped. 77 Careful route planning and a walkover survey completed in October 2010 of the whole WGCP route has resulted in amenity areas and features within the indicative construction corridor being largely avoided. Should re-routing be required within the limit of deviation an appropriate consideration of any effect on amenities and PRoW will be made. However, assessment suggests that there are no amenities within the LOD to be affected.

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78 The scheme will have a slight and temporary impact on people using PRoWs as described in 13.5.

Table 13.5 Anticipated Impacts during Construction on Land Use and Amenity Assets Asset Description of Impact Value Unmitigated Unmitigated of magnitude of Significance Asset Impact of Effect Agricultural land Temporary loss of use up to High Major adverse Large one year Soil Stripping, Temporary visual Medium Moderate Moderate construction of despoilment and loss of adverse running track, storage landscape appeal areas and hedgerow removal PRoW Temporary closure during Medium Moderate Moderate pipeline installation adverse SCC PRoW No. 59 at Temporary closure of Low Negligible Neutral or Yoxall AGI PRoW no. 59 for duration of Slight construction phase followed by permanent diversion of PRoW no. 59 Trent and Mersey Noise from machinery High Negligible Neutral or Canal disturbing fishing and boat Slight users Mercia Marina Noise from machinery Medium Negligible Neutral or disturbing fishing and boat Slight users River Dove Noise from machinery High Negligible Slight disturbing fishing 79 It is not anticipated that there will be any impacts on roads, the Trent and Mersey Canal and the River Dove and any uses put to these assets as these will be drilled under. 80 It is proposed that smaller rivers and ditches, such as the River Swarbourn and Mill Fleam, will be crossed by open-cutting. This involves dredging a trench across the river, usually following damming and over pumping. A preformed section of pipe is lowered into position using a crane before the river bed and banks are reinstated. RWE npower is not aware of any fishing rights on the River Swarbourn in close proximity to the indicative route of the gas pipeline. 81 The methodologies for crossing rivers and watercourses are contained in the ‘Floodplain and Watercourse Working and Consenting Strategy’ document, in Appendix 7.1.4, which includes generic methodologies and mitigation measures. The choice of methodology has been informed by the Feasibility and Options Report presented in Appendix 3.1, which considers engineering and geotechnical

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issues. The main factors that will influence the choice of methodologies are the width of the crossing, the height of the water table and the material through which the pipe is to be installed. 82 The crossings of these small rivers and ditches will be carried out as a ‘special operation’ and will normally be undertaken in advance of the main pipeline construction. This ensures that the crossing can be carried out as quickly as possible so that the period of the temporary work in the ditch is minimised. It is not anticipated that there will be any impacts on smaller rivers and ditches crossed by open-cut means.

13.5.3 Operation 83 The finish in which the soil is left will be agreed with the relevant land occupier. For arable land due to be planted with winter crops, it is likely that landowners will want the temporary fencing taken down as early as possible to allow the land to be ploughed and planted. Land to be reinstated as grassland will either be reseeded in the autumn or the following spring and the fences will remain in place until the grass crop is established. PRoW will be reinstated to the same or better construction as prior to pipeline construction works. For example, if the path had a tarmac surface then a similar surface will be reinstated. 84 Following reinstatement of soils and a return to former farming practices it is not anticipated there will be any impacts on land use, PRoW or amenities during the operation of the gas pipeline. 85 The Way for the Millennium passes through a new National Forest plantation known as Browns Site. This site is immediately east of the River Swarbourn in Yoxall and extends to the east of the track to the south of Browns Lane. The plantation was partially planted during winter 2011 and it is anticipated that planting will be completed in winter 2012. A ride through the plantation will be required as roots from trees and shrubs can damage pipelines over time and access will be required to the buried pipeline for repair or replacement. This ride may be visible from the section of the Way for the Millennium which travels in a north-south direction towards Yoxall.

13.5.4 Decommissioning 86 It is not anticipated there will be any adverse impacts if the pipeline is decommissioned. The practice is not to exhume the pipe, but fill with nitrogen gas or fill with a material that solidifies. An assessment of potential impacts would be made in advance of these operations.

13.6 Mitigation measures

13.6.1 Planning and Pre-Construction 87 There will be a reassessment of the confirmed pipeline route alterations within the LOD if required to identify the revised impact on land use and amenity features. 88 The WCGP will require a DCO under the Planning Act 2008. A DCO, as laid out in the Infrastructure Planning (Model Provisions England and Wales) Order 2009 can

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include all the necessary consents and orders required for closing/diverting Public Rights of Way for the whole project. 89 Requirements (contained within the draft DCO) are presented in Appendix 1.4 and must be discharged in advance of the commencement of construction. The following draft requirements contain powers and requirements that are relevant to amenity features which will ensure that the mitigation measures included in this assessment are included in the detailed project plans. The following requirements relate to (or contain mitigation measures relevant to) public rights of way mitigation:  Requirement 3 – Detailed design approval  Requirement 8 – Public Rights of Way  Requirement 12 – Soil Handling and Restoration 90 These requirements will be discharged by the relevant local planning authority. Article 11 (Public Rights of Way) within the DCO relates to public rights of way and details the permanent diversion of Staffordshire County Council footpath number 59 at the Yoxall AGI. This permanent diversion work is authorised by the consent.

13.6.2 Construction 91 As stated earlier, mitigation has taken the form of adopting a strategy whereby areas and features of importance have been identified along the indicative pipeline corridor and avoided. Constraint mapping has been an on-going element of the project culminating in a route walkover survey to micro-site the pipeline to circumvent any valued assets wherever possible. 92 The PRoW management strategy, presented in Appendix 13.1, designed in consultation with and approved by the respective County Council PRoW Officers for Staffordshire and Derbyshire, largely limits the degree of disruption to users to a few days. Following the draft DCO engagement exercise in April/May 2011, Staffordshire County Council (SCC) advised that the section of the Way for the Millennium near Yoxall crossed by the indicative pipeline route should be closed for the duration of the construction works. The strategy document was amended and now states that this footpath will be temporarily closed during construction works. Nearby Meadow Lane already accommodates public access and footpath users can re-join the footpath network by routes to the north and south from Meadow Lane. 93 Both Rolleston on Dove Parish Council and SCC advised that PRoW are particularly well used in the Rolleston on Dove area and recommended that an alternative to the popular circular walk from the village to Shotwood Hill be considered. In light of this advice, Appendix 13.1 discusses the feasibility of potentially establishing two permissive paths during the construction phase of the pipeline project. Both permissive paths would be to the north-west of the village of Rolleston on Dove and would provide an alternative circular walk from Marston Lane to Shotwood Hill. Landowners have been contacted and have given their in- principal agreement. 94 It is proposed that all but a few PRoW will be crossed by open-cut methods, though a small number will be drilled under due to their location on the indicative pipeline

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route. Appendix 13.1 outlines the temporary impacts upon PRoW along the indicative pipeline route and proposed safety measures that may be adopted during the construction phase. 95 SCC PRoW number 59 will require a permanent diversion given its close proximity to the AGI near Yoxall. The PRoW diagonally traverses the field proposed for the AGI in a north-easterly direction from the A515 towards Yoxall village. Consultation with SCC PRoW officers has led to the identification of a suitable permanent diversion. The diversion will be constructed upon completion of the AGI construction works with the existing footpath closed on health and safety ground during construction works. The duration of the AGI construction works is anticipated to be approximately 6 – 8 months. If the construction works at the AGI become protracted then RWE npower will agree a management plan for this PRoW with SCC.

13.6.3 Operation and Decommissioning 96 No impacts are envisaged at either the operational or decommissioning stages of the pipeline.

13.7 Residual Impacts and Effects

Table 13.6 Summary of the Residual Impacts and Effects once Mitigation Measures have been introduced. Asset Description Value of Proposed Mitigation Magnitude Mitigated of Impact Asset with Significance Mitigation of Effect Agricultural Temporary High The land take is Minor Slight land loss of use up temporary and Adverse to one year confined to a 30m construction corridor. Only one year of production affected and landowners are financially compensated for loss Soil Stripping, Temporary Medium Temporary nature of Minor Slight construction visual works. Pipeline Adverse of running despoilment installed within a few track, storage and loss of months, soil areas and landscape reinstatement, hedgerow appeal seeding, hedgerow removal replanting to follow immediately PRoW Temporary Medium Temporary nature of Negligible Neutral or closure during works. PRoW closure Adverse Slight pipeline management plan

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installation implemented. Notices and information strategically located at start of paths Trent and Noise from High Temporary nature of Negligible Slight Mersey Canal machinery works. Pipeline disturbing directionally drilled, fishing and construction strip boat users hidden by canal-side perimeter vegetation, no effect on fishing or boating. River Dove Noise from High Temporary nature of Negligible Slight machinery works. Pipeline drilled disturbing beneath. fishing

13.8 Cumulative and In Combination Effects 97 The IPC recommends that ‘cumulative’ and ‘in combination’ impacts should be considered so that inter-relationships between specialist topics are not overlooked; indeed this is a requirement of the Regulations. Cumulative impacts as those that “…result from incremental changes caused by past, present or reasonably foreseeable actions together with the project.”12 A change seen in isolation may apparently be insignificant but in combination with other changes the overall impact may be greater. This could be conveniently expressed as ‘the product is greater than the sum of the parts’. The ‘in combination’ effects are those that occur between this proposal and other developments. The Institute of Ecology and Environmental Management (IEEM) consider that cumulative impacts should be assessed from predictions of future baseline conditions with and without the development occurring, taking into account environmental trends, completed developments and other proposed developments. 98 With these objectives in mind, cumulative effects have been considered in relation to aspects of land use, amenity and PRoW. The magnitude of any effects has been weighted by consideration of the scale of the impact. Furthermore, the potential for cumulative impacts has been assessed between the themes explored in this chapter with the themes covered in other chapters of the ES. It is concluded that it is highly unlikely that there will be adverse cumulative impacts as a result of interactive effects described in this chapter. Cumulative impacts have also been considered between this and other chapters in this assessment and none have been found. 99 In addition, this study has looked at the potential for in combination impacts arising from other developments in the vicinity of the proposals. The Local Planning Authorities have suggested that the developments listed in table 13.7 should be considered for in combination impacts:

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Table 13.7 Development Considerations for In Combination Effects Scheme Location Potential Cumulative Effect Willington C Power Station Twyford Road, Willington Construction Phase Transport Impacts Mercia Marina Hotel Findern Lane, Willington Construction Phase Transport Impacts National Football Centre Byrkley Park, Needwood, Construction Phase Transport near Burton on Trent Impacts 100 It is not anticipated that there would be any significant effects on land use, amenities or PRoW as a result of the above developments. It is likely that these developments will require some assessment of impact on land use, amenities or PRoW and will therefore introduce appropriate mitigation to reduce these effects.

13.9 Potential Implications of the Limits of Deviation (LOD) 101 Minor alterations to the route of the pipeline can be made within the LOD without a requirement to submit a planning application. Continued efforts have been made to select the most appropriate route and it is not anticipated to change from that illustrated as the indicative pipeline route. The effect of any refinement of route within the LOD will be assessed and the aim remains to avoid any unfavourable change of land use or loss of amenity. No adverse impacts are anticipated on land use, amenities or PRoW during the operation of the pipeline or during decommissioning. 102 The ‘Order Limits’ defined in the DCO and shown on the Works Plans (Figures 2.0 – 2.10), extend outside the works limits, only in so much as to include survey land, where non-intrusive surveys can be carried out. The carrying out of these surveys will not create an environmental impact and the assessment, therefore, relates to the works, all of which will be carried out within the works limits.

13.10 Conclusions 103 This chapter has assessed the likely impact of the proposed pipeline and associated AGI at Yoxall. The indicative construction corridor is 30m in width and LOD extend to a maximum of 30m either side of the indicative pipeline route. Works limits, within which authorised work can be carried out, extending typically a further 20m either side. It is not anticipated that the present route for the pipeline will be altered, however, if alterations to the route were necessary they are not expected to result in an increase in any impacts upon amenity and land use resources. 104 The assessment of possible impact on land use, amenities and PRoW has been based on the collection and collation of a wide range of data sets collected from published reports and web-based sources. The information has been discussed in this chapter and converted into GIS layers and presented as a set of detailed maps 13.1.1 to 13.1.8.

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105 Approximately 120ha will be temporarily affected by the construction. Following pipeline installation, stripped soil will be reinstated and farmland and hedgerows restored. There will be no permanent land use change with the exception 1.02ha at the AGI compound near Yoxall of which 0.6ha will be landscaped. 106 Careful constraints mapping and micro-siting of the pipeline construction corridor and other land has meant that permanent loss and disturbance to agricultural land, wildlife and amenity areas has been avoided. All PRoWs, except two, are expected to be closed for a few days when construction activity is at its peak. On advice from SCC, the Way for the Millennium will be temporarily closed during construction works and a local rural lane (Meadow Lane) will be used as an alternative route. Meadow Lane already accommodates public access and footpath users can re-join the local Yoxall footpath network by routes to the north and south from this. SCC PRoW no. 59 will be diverted once AGI construction has been completed; prior to this, the footpath will be closed for the duration of construction activity on health and safety grounds. 107 Roads, the River Dove, Trent and Mersey Canal, the disused railway embankment near Rolleston on Dove and railway lines at Willington will be drilled underneath with no significant surface disturbance. Although there will be some noise along the pipeline route from traffic and at drilling sites it is not anticipated it will disturb water- based sports and leisure activities.

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13.11 References and Footnotes

1 The Highways Agency Design Manual for Roads and Bridges. Volume 11, Section 2, Part 5 Assessment and Management of Environmental Effects. August 2008. HA 205/08 Available online from: http://www.standardsforhighways.co.uk/dmrb/vol11/index.htm

2 Infrastructure Planning Commission, August 2010. Scoping Opinion – Proposed Willington Gas Pipeline Connection, Derbyshire. Available online from: http://infrastructure.independent.gov.uk/wp- content/ipc/uploads/projects/EN060001/1.%20Pre- Submission/EIA/Scoping/Scoping%20Opinion/SPRSD%20Willington-Scoping- Opinion_web.pdf

3 Natural England. 2011. Rights of Way. Available online from: http://www.naturalengland.org.uk/ourwork/enjoying/places/rightsofway/default.aspx

4 Department of Communities and Local Government (2012) National Planning Policy Framework. Available online from: http://www.communities.gov.uk/publications/planningandbuilding/nppf

5 Department of Energy and Climate Change, July 2011. National Policy Statement – Overarching National Policy Statement for Energy (EN-1). Available online from: http://www.decc.gov.uk/assets/decc/11/meeting-energy-demand/consents- planning/nps2011/1938-overarching-nps-for-energy-en1.pdf

6 Department of Energy and Climate Change, July 2011. National Policy Statement for Gas Supply Infrastructure and Gas and Oil Pipelines (EN-4). Available online from – http://www.decc.gov.uk/assets/decc/11/meeting-energy-demand/consents- planning/nps2011/1941-nps-gas-supply-oil-en4.pdf

7 Government Office of the East Midlands, 2009. East Midlands Regional Plan.

8 Government Office of the West Midlands, 2009. West Midlands Regional Strategy Plan.

9 British Waterways, 2011. Fishing Along the Trent and Mersey Canal. Available online from: http://www.waterscape.com/canals-and-rivers/trent-and-mersey-canal/fishing

10 Staffordshire County Council, 2007. Rights of Way Improvement Plan for Staffordshire. Available online from: http://www.staffordshire.gov.uk/Resources/Documents/r/rowipfinalresampledPDFwebpart1. pdf

11 Derbyshire County Council, 2007. Rights of Way Improvement Plan for Derbyshire 2007- 2012. Available online from: http://www.derbyshire.gov.uk/images/RoWIP%20Exec%20Summary%20and%20Contents_ tcm9-21443.pdf

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12 Walker, L. J. and Johnston, J.,1999. Guidelines for the Assessment of Indirect and Cumulative Impacts as well as Impact Interactions. The European Commission. EC DG XI Environment, Nuclear Safety & Civil Protection.

CHAPTER 13 LAND USE, AMENITY AND PUBLIC RIGHTS OF WAY VERSION 1

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