Date: 20 March 2018 Our ref: 236858 Tilbury2 Written Reps Your ref: TR030003 Tilbury2 Project Team, Customer Services The Planning Inspectorate, Hornbeam House Temple Quay House, Crewe Business Park 2 The Square, Electra Way Crewe Bristol, BS1 6PN Cheshire By email only: [email protected] CW1 6GJ T 0300 060 3900 Dear Sir/Madam, NSIP Reference Name / Code: Tilbury2 User Code: TR030003 Thank you for your consultation on the above dated the 26th of February 2018. 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. Written Representation PART I: Summary of Natural England’s advice. PART II: Annexes including Natural England’s evidence and answers to the Examining Authority’s first written questions Contents Part 1 – Introduction Part 2 – Summary Part 3 – Conservation Interests Part 4 – Natural England’s Concerns and Advice Annexes Annex A – List of Abbreviations Annex B – Designated Site Maps Annex C – Designated Site Conservation Objectives and Citations Annex D – Fuctional Linkage - David Tyldesley & Associates et al 2016 Annex E – Letters of No Impediment Annex F – First Written Questions PART 1 INTRODUCTION 1.1. Purpose and structure of these representations 1.1.1. These Written Representations are submitted in pursuance of rule 10(1) of the Infrastructure Planning (Examination Procedure) Rules 2010 (‘ExPR’) in relation to an application under the Planning Act 2008 for a Development Consent Order (‘DCO’) for Tilbury2: the proposed port terminal at the former Tilbury Power Station (‘the Project’) submitted by Port of Tilbury London Limited (‘the Applicant’) to the Secretary of State. 1.1.2. Natural England has already provided a summary of its principal concerns in its Relevant Representations, submitted to the Planning Inspectorate on the 8th of January 2018. This document comprises an updated detailed statement of Natural England‘s views, as they have developed in view of the common ground discussions that have taken place with the Applicant to date. These are structured as follows: a. Section 2 describes the conservation designations, features and interests that may be affected by the Project and need to be considered. b. Section 3 comprises Natural England’s submissions in respect of the issues that concern it. This submission cross-refers to, and is supported by, the evidence contained in the Annexes. c. Section 4 is a dedicated section answering the Examining Authority’s written questions which were asked on the 27th of February 2018, cross- referenced to the rest of this document. d. Section 5 provides a summary of Natural England’s case. e. The Annexes contain evidence referred to in the main body of these Representations. 1.1.3. A number of abbreviations and acronyms will be used in these Representations. These will be introduced where they first appear in the text but for ease of reference, a list of abbreviations is provided in Annex A. 2. SUMMARY 2.1. Summary and update on the Statement of Common Ground The Examining Authority will be aware of Natural England’s principal concerns regarding the Tilbury2 Nationally Significant Infrastructure Project (‘NSIP’) as set out in our Relevant Representation dated 8th January 2018. These are broadly as follows: Impacts to terrestrial invertebrates of national significance Impacts to the Thames Estuary & Marshes SPA and Ramsar site, and component Mucking Flats & Marshes Site of Special Scientific Interest SSSI Absence of EIA cumulative & HRA in-combination assessments. Impacts to licensable protected species Impacts on marine interests In summary of our position, Natural England remains of the view that the development, as currently submitted to the Examining Authority, does not represent sustainable development as required by the National Policy Statement for Ports, and subsidiary policy including the National Planning Policy Framework (including the current consultation draft). Our main concern relates to the proposed direct impact on large areas supporting terrestrial invertebrates and their habitats which are regarded by both ourselves and the developer to be of national nature conservation importance, and for which an agreed package of mitigation and compensation has yet to be submitted to the Examination for consultation. Natural England’s view is that parts of the proposed development site hold unique habitats which arguably are irreplaceable (in particular the Lytag site), and for which we will consider designation as a Site of Special Scientific Interest (SSSI), consistent with our duties as statutory nature conservation adviser to the Government. We also have remaining concerns regarding indirect impacts to non-breeding birds using habitats at the foreshore which have a functional linkage to the Thames Estuary & Marshes Special Protection Area (SPA) and Ramsar site. At the time of writing, we are expecting additional bird survey data for February and March 2018 to be submitted, and will review this in due course. In our view, the Habitats Regulations Assessment should be updated to include assessment of a fuller range of impact pathways than have currently been included. Additional comments are supplied with respect to other nature conservation features, including lichens, vascular plants, and licensable protected species. For both of these concerns, we consider that EIA cumulative and HRA in- combination assessments are required with relevant projects, in order to adequately assess impacts. Please note, however, that Natural England is in ongoing active dialogue with the applicant over all outstanding matters, and whilst in our view significant progress is still required at this site to address these concerns, we anticipate further conversations to make progress on these matters. In our view, further work is needed on the scheme to demonstrate compliance with the mitigation hierarchy, of which avoidance of impacts (in this case to nationally important invertebrate assemblages) is of greatest relevance. As it stands however, Natural England cannot yet support the proposal as an example of sustainable development. 3. CONSERVATION DESIGNATIONS, FEATURES AND INTERESTS THAT COULD BE AFFECTED BY THE PROPOSED PROJECT The following is a brief summary of the interest features of the relevant designated areas of concern in this matter. Designation citations and maps are included in Annexes B and C. 3.1. International conservation designations Thames Estuary and Marshes Special Area of Protection (‘SPA’) - Site area: 4802.47 hectares The detailed citation informationcan be found in Annex C. Qualifying Features: A082 Circus cyaneus; Hen harrier (Non-breeding) A132 Recurvirostra avosetta; Pied avocet (Non-breeding) A137 Charadrius hiaticula; Ringed plover (Non-breeding) A141 Pluvialis squatarola; Grey plover (Non-breeding) A143 Calidris canutus; Red knot (Non-breeding) A149 Calidris alpina alpina; Dunlin (Non-breeding) A156 Limosa limosa islandica; Black-tailed godwit (Non-breeding) A162 Tringa totanus; Common redshank (Non-breeding) Waterbird assemblage Thames Estuary and Marshes Ramsar The qualifying features of the Thames Estuary and Marshes Ramsar are also qualifying species of the Thames Estuary and Marshes SPA. Therefore our advice relating to the SPA is equally applicable to the Ramsar. 3.2. National conservation designations Mucking Flats and Marshes Site of Special Scientific Interest (‘SSSI’) – Site Area: 312.7149 hectares Mucking Flats and Marshes comprise of an extensive stretch of the Thames mudflats and saltmarsh, together with seawall grassland. The saltmarsh is dominated by sea couch and sea purslane, and to seaward has patches of the nationally scarce golden samphire. Other nationally scarce plants present are Borrer`s saltmarsh grass, sea barley and slender hare`sear. The sea wall is dominated by sea couch, cocks foot, wild carrot and prickly ox tongue. The saltmarsh has a high invertabrate interest, which includes the rare spider Baryphyma duffeyi. The mudflats form the largest intertidal feeding area for wintering wildfowl and waders west of Canvey Island on the north bank of the Thames. Ringed plover occur in internationally important numbers, with nationally important numbers of Avocet, Black tailed godwit, Dunlin, Grey plover and Shelduck. Part of this SSSI is within the Thames Estuary and Marshes Special Protection Area and Ramsar site. Notified Features Aggregations of non-breeding birds - Black-tailed Godwit, Limosa limosa islandica Aggregations of non-breeding birds - Dunlin, Calidris alpina alpina Aggregations of non-breeding birds - Grey Plover, Pluvialis squatarola Aggregations of non-breeding birds - Redshank, Tringa totanus Aggregations of non-breeding birds - Ringed Plover, Charadrius hiaticula Aggregations of non-breeding birds - Shelduck, Tadorna tadorna Invertebrate assemblage 3.3. European Protected Species The Conservation of Habitats and Species Regulations 2017: Schedule 2 Species – European Protected Species of Animals. EC Habitats Directive (Council Directive 92/43/EEC) Annex 2/4 species. Bats, Typical (all species) Vespertilionidae 3.4. Nationally Protected Species Water Vole – Schedule 5 species under the Wildlife and Countryside Act 1992 (as amended) Badgers – The Protection of Badgers Act 1992 (as amended) 3.5. Non-designated interests and features of concern The invertebrate assemblage of the Tilbury 2 site is