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NYM/2014/0676/MEIA Chris France North York Moors National Park

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NYM/2014/0676/MEIA Chris France North York Moors National Park Date: 10 December 2014 Our ref: 134454 Your ref: NYM/2014/0676/MEIA Chris France North York Moors National Park Authority Customer Services [email protected] Hornbeam House Crewe Business Park Electra Way BY EMAIL ONLY Crewe Cheshire CW1 6GJ T 0300 060 3900 Dear Chris --------------------------------------------------------------------------------------------------------------------------------- Planning consultation: Application in respect of the winning and working of polyhalite by underground methods including the construction of a minehead at Dove's Nest Farm involving access, maintenance and ventilation shafts, the landforming of associated spoil, the construction of buildings, access roads, car parking and helicopter landing site, attenuation ponds, landscaping, restoration and aftercare and associated works. In addition, the construction of an underground tunnel between Doves Nest Farm and land at Wilton that links to the mine below ground, comprising 1 no. shaft at Doves Nest Farm, 3 no. intermediate access shaft sites, each with associated landforming of associated spoil, the construction of buildings, access roads and car parking, landscaping, restoration and aftercare, and the construction of a tunnel portal at Wilton comprising buildings, landforming of spoil and associated works. Location: Dove's Nest Farm & Haxby Plantation, Sneatonthorpe(proposed minehead); underneath 252 sq km of the NYMNPA(winning & working of minerals); a corridor extending underground from the edge of the NP boundary to Wilton International Complex(mineral transport system); Ladycross Plantation near Egton, Lockwood Beck Farm near Moorsholm, Tocketts Lythe, near Guisborough(intermediate shaft sites); site within the eastern limits of the Wilton International Complex, Teesside(tunnel portal) ---------------------------------------------------------------------------------------------------------------------------------- Thank you for your consultation on the above dated 10 October 2014 which was received by Natural England on the same date, in addition to your revised letter dated 22 October 2014 and e-mail instructions relating to response schedules. This response is based on the material received so far in the planning submissions along with some further clarifications from the applicant. We understand that there may be additional clarifications and submission of Supplementary Environmental Information (SEI) in January. We will respond in due course to any subsequent re-consultation. As this is a straddled application, Natural England is supplying a similar response on the proposal to both North York Moors National Park Authority and Redcar and Cleveland Borough Council. Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. We are responding in relation to: THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2011 TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) ORDER 2010 THE CONSERVATION OF HABITATS AND SPECIES (AMENDMENT) REGULATIONS 2012 SECTION 28 OF THE WILDLIFE AND COUNTRYSIDE ACT 1981 (AS AMENDED) Our summary response is set out below and deals in turn with protected landscapes, biodiversity, soils, geology and protected species. More detailed observations are supplied in annexes as appropriate. 1. Protected Landscapes - Objection The proposal is for a major development across various sites within and near to the nationally protected landscape of the North York Moors National Park, and the North Yorkshire and Cleveland Heritage Coast. The evidence reviewed by Natural England does not suggest that there will be extensive permanent significant impacts on the landscape (other than the direct impacts associated with the long term development footprint). We offer commentary and advice for the LPAs to consider in relation to this below, to assist in your assessment of the proposal. Natural England recognises the considerable efforts that York Potash and their consultants have made to design a scheme with high quality landscape mitigation (earth works and planting) that might be accommodated within the National Park. However, NE advises that the scheme would have a significant adverse impact on the landscape and setting of the National Park (and therefore on the statutory purposes of the park) for the duration of its construction phase. We also note that YPL contends major construction activities and infrastructure would be present at the shaft sites over 36-40 months rather than the 58 months described for the minehead, unless geological complications arise in which case these durations would be extended further. In addition account needs to be taken of the time taken for the areas disturbed during construction to blend back into the surrounding landscapes. We also consider that there will be some significant visual impacts on the Heritage Coast during the construction phase. The scheme conflicts with national policy i.e. NPPF para 115 and 116 and we explain in Annex A why this is the case from an environmental perspective. We therefore object to the scheme on landscape grounds (including visual, cumulative landscape and cumulative visual impacts) in relation to the construction phase. It is of course for the NPA to decide whether on balance the landscape impacts are outweighed by other material considerations and whether exceptional circumstances exist so as to enable planning permission to be granted. Our objection on landscape, visual and cumulative grounds is provided for the LPAs to consider alongside the expert advice, which you have commissioned, to help clarify the risk of overrun of the construction phase and other engineering matters. If the NPA were minded to approve the application, we welcome and note that the section 106 agreement proposed by York Potash Ltd. provides opportunity to deliver enhancement measures throughout the National Park. In that eventuality, we would be keen for our Area Team to help develop further detail with the NPA and we suggest you discuss this further our Yorkshire Area Team Manager David Shaw. 2. Biodiversity - internationally and nationally designated sites - Further information required In this section we look at the internationally and nationally designated sites that may be affected by this proposal and comment on the Shadow Habitats Regulations Assessment provided by York Potash. The application site is within or in close proximity to European designated sites (also commonly referred to as Natura 2000 sites), and therefore has the potential to affect their interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’). The Minehead application site and application site for the MTS shaft site at Lockwood Beck are in close proximity to the North York Moors Special Protection Area (SPA) and Special Area of Conservation (SAC) which are European sites. The site is also notified at a national level as North York Moors Site of Special Scientific Interest (SSSI). The Shadow Habitats Regulations Assessment submitted, also considers the Materials Handling Facility at Wilton which is the subject of a further planning application with Redcar and Cleveland Borough Council and Harbour facilities on the Tees which are being developed as a nationally significant infrastructure project (NSIP) within the York Potash Project as a whole. These application sites are in close proximity to the Teesmouth and Cleveland Coast Special Protection Area (SPA) which is a European site. The site is also listed as Teesmouth and Cleveland Coast Ramsar site and notified at a national level as Redcar Rocks, South Gare and Coatham Sands, Seaton Dunes and Common, Seal Sands, Cowpen Marsh and Tees and Hartlepool Foreshore and Wetlands Sites of Special Scientific Interest (SSSI). In considering the European site interest, Natural England advises that you, as a competent authority under the provisions of the Habitats Regulations, should have regard for any potential impacts that a plan or project may have1. The Conservation objectives for each European site explain how the site should be restored and/or maintained and may be helpful in assessing what, if any, potential impacts a plan or project may have. Natural England notes that the accompanying HRA has not been produced by your authority, but as a draft by the applicant. As competent authority, it is your responsibility to complete the HRA. We provide the advice enclosed (in this letter and in Annex B) on the assumption that your authority intends to adopt this HRA to fulfil your duty as competent authority. The shadow appropriate assessment (York Potash Project Habitats Regulations Assessment (Part 2, Appendix 11.3)) provided by the applicant indicates that your authority may conclude that the proposal will not result in adverse effects on the integrity of any of the sites in question. Having considered the assessment, and the measures proposed to mitigate for any adverse effects, it is the advice of Natural England that it is not possible at this point to ascertain that the proposal will not result in adverse effects on site integrity. Natural England advises that the assessment currently does not provide enough information and/or certainty to justify the assessment conclusion and that your authority should not grant planning
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