National Farmers’ Union Unit 8 Ground Floor Rotherbrook Court Bedford Road Petersfield Hampshire GU32 3QG

Your ref: Telephone: 01730 711950 Fax: 01730 711951 Mr Jon Byne Our ref: 2018 001 MEASS Email: [email protected] Mr Richard Westacott Direct line: 01730 711 950 By email: [email protected] Fax: 024 Date: 5th January 2018 7685 8501

Dear Sirs

Medway Estuary and Swale Strategy Consultation The NFU is an industry representative organisation, which aims to safeguard the farming and growing business interests of our members. We represent the majority of commercial farm businesses and our views are generated through consultation with a democratically elected membership structure. We have approximately 390 members living and working within the and Swale area. The NFU has been involved at various stages of this consultation and whilst we are unable to comment on the specific proposals for each Benefit Area, there are some general matters where we seek further clarification. Firstly, as you are aware Medway and Swale is a nationally important area for food production. Approximately 10% of the national resource of Grade 1 Agricultural Land is located within these and surrounding districts. The consultation does not provide useful clarity over the way in which highly productive agricultural land has been valued, or how that land will be protected by the strategy. We seek further clarification over how the most valuable land and soils are to be protected in the future. There are a large number of sea walls now designated as “No Active Intervention”, which in our understanding is a downgrade compared to the existing Shoreline Management Plan. In our view this amounts to a formal withdrawal from maintenance, which should mean that commitments from the Environment Agency Asset Maintenance Protocol are now engaged. Namely:  To enable landowners and affected parties to understand (where appropriate) “the range of options that may be available to them for future management of the assets and their likely costs, benefits and impacts. The options may include options for continued maintenance of assets by local groups and options involving less or no maintenance.  To work with landowners and affected parties in an open and impartial way to facilitate their consideration of the options and, where possible, reach a broad consensus on the preferred way forward.  Where new arrangements are agreed, to work in partnership with the landowners and affected parties to support the transition to the new arrangement.” Whilst recognising there has been good dialogue throughout the consultation, the maintenance protocol requires a further level of engagement, working with those affected to help them adapt. As the affected individuals have only just been identified, this is really just the start, rather than completion of the engagement process. As previously discussed we believe it will be important for the Environment Agency and other risk management authorities to lead a formal project that helps deliver management alternatives. There are several examples from across the country where this is taking place already, for example you will be

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LETTER FROM NFU

aware of the Essex Coast Organisation, which “has a collaboration agreement with the Environment Agency which can provide funding for small scale maintenance and repair work. This type of project work usually costs between one tenth and one twentieth of that charged by government 'Framework Contractors' and can be undertaken far sooner, thus helping public money go much, much further.” Or the Alde Ore Estuary Trust set up to facilitate fund raising for flood defences in relation to sea walls around the town of Aldeburgh. We also note there are several areas of management realignment proposed within the strategy however it is unclear whether the affected landowners have been formally notified? In our understanding the EA can acquire land for the construction or maintenance of defences, and compensation is to be paid for damage arising expressly from such operations. Also where land seaward of justifiable new defences can be shown to contribute to effective defence, whether locally or remotely, landowners should also be eligible for payment for depreciation or loss of land. Whilst we appreciate negotiations are likely to be sensitive, it is a matter of public interest for the Agency to be able to demonstrate it is acting fairly in relation to those most severely affected. From this point of view we request further clarity in relation to the status of negotiations and any dialogue you may have had with affected owners and occupiers of farms within the strategy area. Finally, taking all of the above into consideration, we’ve not seen evidence of any systematic plan for working with the businesses and individuals affected by the strategy. For example we’ve been unable to find any clear communications plan, targeted guidance documents, FAQ’s, a register of affected businesses or any other indication of a need to work with those affected? I appreciate I may be anticipating future stages of this project or may well be unaware of some existing documentation. Nonetheless in very simple terms, if I were an affected landowner attempting to negotiate this consultation, the following key questions appear not to have been answered:  What does this mean for my land and my business?  What can I do to avoid flooding where sea walls are proposed to have “no active intervention”?  What should I do in emergency situations where sea walls have “no active intervention”?  Will a change in status affect my rights and responsibilities towards these structures?  What maintenance am I able to complete without permission?  What can I expect in the coming years and months if my land has been proposed as managed realignment? We very much hope you can provide us with further detail in relation to the matters raised. Yours sincerely Tom Ormesher Environment and Land Use Adviser NFU South East

Copied by email to: Alan Jarrett Leader in Medway Unitary Authority - [email protected] Andrew Bowles Leader in Swale Council – [email protected] Gordon Henderson MP - [email protected] MP - [email protected] Julie Folie – EA Area Manager (Kent and South London) – [email protected] MP - [email protected] Paul Carter Leader KCC - [email protected] Rehman Chisti MP - [email protected] Tracey Crouch MP - [email protected]

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