xxxxxx xxxxxx Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation 5(2)(l) VOLUME 5: FOLDER 3 Natural Features Report Document 5.4 www.tidallagoonswanseabay.com www.tidallagoonswanseabay.com Tidal Lagoon Swansea Bay plc Contents 1.0 Introduction ................................................................................ 1 1.1 Background ....................................................................... 2 1.2 The Proposed Development ................................................ 4 1.2.1 Introduction ................................................................................ 4 1.2.2 Consenting Process .................................................................... 5 1.3 Natural Features Assessment ............................................... 5 1.4 Statutory and non-statutory sites or features of nature conservation ...................................................................... 6 2.1 Introduction ...................................................................... 6 2.2 Zone of Influence ............................................................... 7 2.3 Construction ...................................................................... 7 2.4 Operation .......................................................................... 8 2.5 Decommissioning ............................................................... 8 2.6 Natural Features within the Zone of Influence ....................... 8 2.7 Assessment of Effects Prior to Mitigation ............................ 10 2.8 Mitigation Measures ......................................................... 13 2.9 Residual Impacts .............................................................. 13 3.0 Conclusion ....................................................................... 15 4.0 References ...................................................................... 15 Tidal Lagoon Swansea Bay Natural Features Report Tidal Lagoon Swansea Bay plc Natural Features Report 1.0 Introduction 1.1 Background 1.1.0.1 Tidal Lagoon Swansea Bay plc (TLSB) is submitting an application ("Application") to the Secretary of State for Energy and Climate Change for development consent to construct and operate a tidal powered generating station on land in and adjacent to Swansea Bay, between the dredged channels of the Rivers Tawe and Neath (the "Project"). The Project has a nominal rated capacity of 240MW, and, consequently, constitutes a nationally significant infrastructure project (NSIP) for the purposes of the Planning Act 2008 ("PA 2008"). 1.1.0.2 Regulation 5(2)(l) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 requires that an application for development consent should be accompanied by: Where applicable, a plan with accompanying information identifying - i) Any statutory or non-statutory sites or features of nature conservation such as sites of geological or landscape importance; ii) Habitats of protected species, important habitats or other diversity features; and iii) Water bodies in a river basin management plan, together with an assessment of any effects on such sites, features, habitats or bodies likely to be caused by the proposed development. 1.1.0.3 The likely effects of the construction, operation and decommissioning of the Project on the natural environment have been assessed as part of the Environmental Impact Assessment (EIA) and are set out in the Environmental Statement (ES) that accompanies the application (Doc. ref. 6.2). Chapters 6 (Coastal Processes, Sediment Transport and Contamination); 7 (Marine Water Quality); 8 (Intertidal and Subtidal Benthic Ecology); 9 (Fish, including Recreational and Commercial Fisheries); 10 (Marine Mammals and Turtles); 11 (Coastal Birds), 12 (Terrestrial Ecology); 13 (Seascape & Landscape Visual Impact Assessment); 17 (Hydrology and Flood Risk); and 18 (Hydrogeology and Land Quality) of the ES; the Report to inform Habitats Regulations Assessment (HRA) (Doc. ref. 5.5) and the Water Framework Directive Assessment (WFD) (Doc., ref. 8.3) assess the impacts on valued ecological receptors that are considered likely to be affected by the Project. 1.1.0.4 The Department for Communities and Local Government (DCLG) Guidance ‘Planning Act 2008: Nationally Significant Infrastructure Projects: Application Form Guidance’ provides advice on this in paragraphs 33-35. The Guidance states that to satisfy Regulation 5(2)(l) the following is required: i) Information on any effects, not only those that are classed as significant and therefore required to be covered by the ES; Tidal Lagoon Swansea Bay Natural Features Report Page 2 Tidal Lagoon Swansea Bay plc ii) Information on other effects i.e. those other than significant effects identified in the ES set out in a separate document; iii) An assessment that is set out to an appropriate level of detail which is proportionate to those effects. 1.1.0.5 The EIA was extensive and, following a wide-ranging baseline study, effects on all natural features were considered in order to identify and assess which of the effects, resulting from the construction, operation and decommissioning of the Project, are likely to be significant as set out by the EIA Regulations. The ES (Chapters 6, 7, 8, 9, 10, 11, 12, 13, 17 and 18), the WFD and the HRA produced for the Project present the findings of the EIA process. On this basis, the requirement of Regulation 5(2)(l) is met by the ES, the WFD report and the HRA report. However, an assessment of the likely effects of the Project on natural features is set out separately in this Report for ease of reference in respect of the effects on natural features. Tidal Lagoon Swansea Bay Natural Features Report Page 3 Tidal Lagoon Swansea Bay plc 1.2 The Proposed Development 1.2.1 Introduction 1.2.1.1 TLSB is proposing to construct and operate a tidal energy lagoon, located in Swansea Bay, South Wales (Figure 1.1). The tidal lagoon will generate renewable energy in the form of electricity using the large tidal range (the difference between high and low water) which is a distinguishing feature of the Bay. The generating station lagoon will have a nominal rated capacity of 240 Megawatts (MW), generating 400GWh net annual output. This is sufficient electricity for the equivalent of some 121,000 homes: more than Swansea’s annual domestic electricity use (109k households); c.70% of Swansea Bay’s annual domestic electricity use (Swansea, Neath & Port Talbot, 173k households); or c.9% of Wales’ annual domestic electricity use (based on 1,369k households). Figure 1.1: Location of Project Tidal Lagoon Swansea Bay Natural Features Report Page 4 Tidal Lagoon Swansea Bay plc 1.2.1.2 In addition to generating electricity, the Project also aims to provide visitor facilities and other amenities including art, education, mariculture and sporting/recreational facilities. The seawall comprised in the Project is expected to be open to the public during daylight hours for walking, running, cycling etc, though access will be controlled in extreme weather. 1.2.1.3 The Project is described in greater detail in other application documents, particularly Section 4, Project Description of the ES. 1.2.2 Consenting Process 1.2.2.1 As the Project is an offshore electricity generating station of more than 100MW, it is a nationally significant infrastructure project (NSIP) under the Planning Act 2008 (PA 2008). Construction of such a project requires that a development consent order (DCO) is made by the relevant Secretary of State, in this case the Secretary of State for Energy and Climate Change, under PA 2008. 1.2.2.2 The DCO for the Project will include a number of consents formerly required separately for a project of this type. Section 33 of PA 2008 dispenses with the need for separate planning permission or deemed planning permission under the Town and Country Planning Act 1990 (TCPA 1990) and consents under Section 36 of the Electricity Act 1989. Any additional permissions required under TCPA 1990 will be sought following the grant of development consent, as such elements would not form an integral part of the Project as authorised by the DCO. 1.2.2.3 The DCO will authorise construction and operation of the generating station itself, and its component parts. These include both offshore and onshore elements of the Project, including the integral electrical grid connection works. 1.2.2.4 As the Project lies within Welsh waters, an application for a marine licence will be made to the appropriate licensing authority, under the Marine and Coastal Access Act 2009, in this case Marine Licensing Team within Natural Resources Wales (NRW). The requirement for a marine licence (ML) is broadly defined by works taking place in the offshore environment that affect the seabed or the movement of materials related to it. In order to deliver the Project, TLSB will be carrying out licensable activities, including the construction of marine energy works and dredging and disposal of dredged material. 1.2.2.5 An application for a marine licence will be submitted concurrently with the application for development consent. Given the nature of the two regulatory regimes, elements of the offshore Project that are subject to the DCO application are also subject to a separate marine licence application. 1.3 Natural Features Assessment 1.3.0.1 An EIA has been undertaken in relation to the Project, which has included an Ecological Impact Assessment. The Ecological Impact Assessment was carried out for terrestrial habitats