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NOTTINGHAM TRENT LEFT BANK FLOOD ALLEVIATION SCHEME Planning Application for a Flood Defence Embankment and a Seepage Cut Off Design & Access Statement November 2010

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Page 1: NOTTINGHAM TRENT LEFT BANK FLOOD ALLEVIATION SCHEME ...planning.broxtowe.gov.uk/(S(vn1qmh45tv5opvzk5jz10... · the existing defences, topographic surveys, ground investigations, computer

NOTTINGHAM TRENT LEFT BANK FLOOD ALLEVIATION SCHEME

Planning Application for a Flood Defence

Embankment and a Seepage Cut Off

Design & Access Statement

November 2010

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

Black & Veatch Ltd Design and Access Statement_Reach9_v1.1.doc

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Planning Application for a Flood Defence Embankment and a Seepage Cut Off

CONTENTS

1. INTRODUCTION 1

2. THE NEED FOR THE SCHEME AND PROJECT BACKGROUND 4

3 THE SITE AND SURROUNDINGS ERROR! BOOKMARK NOT DEFINED.

4 DETAILS OF APPLICATION 7

5 POLICY CONTEXT 10

6 CONSULTATION 12

7 APPRAISAL 12

8 SUMMARY & CONCLUSIONS 17

APPENDIX A: Attenborough Fringes Amendments: EIA Screening Document issue details:

B&V project no. 108806 Client’s reference no.

Version no. Issue date Issue status Distribution

1.0 05/11/2010 Draft Internal Review

1.1 15/11/2010 Draft Internal Review

1.2 15/11/2010 Final Broxtowe Borough Council (BBC)

Notice:

This report was prepared by Black & Veatch Limited (B&V) solely for use by the Environment Agency. This report is not addressed to and may not be relied upon by any person or entity other than the Environment Agency for any purpose without the prior written permission of B&V. B&V, its directors, employees and affiliated companies accept no responsibility or liability for reliance upon or use of this report (whether or not permitted) other than by the Environment Agency for the purposes for which it was originally commissioned and prepared.

In producing this report, BVL has relied upon information provided by others. The completeness or accuracy of this information is not guaranteed by B&V.

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

Black & Veatch Ltd Design and Access Statement_Reach9_v1.1.doc

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ENVIRONMENT AGENCY

PLANNING APPLICATION FOR A FLOOD DEFENCE EMBANKMENT AND A SEEPAGE CUT OFF

DESIGN & ACCESS STATEMENT

1. INTRODUCTION

(a) Purpose 1.1 The Town and Country Planning (Development Management Procedure) (England)

Order 2010 requires an application for planning permission to be accompanied by a design and access statement about the design principles and concepts that have been applied to the development; and how issues relating to access to the development have been dealt with. The purpose of the statement is to explain the design principles and concepts that have been applied to the development and allow applicants to demonstrate the steps take to appraise the context of the development and how the design of the development takes that context into account in relation to its proposed use.

1.2 Circular 01/2006 ‘Guidance on Changes to the Development Control System’, describes a design and access statement as being a “short report accompanying and supporting a planning application to illustrate the process that has led to the development proposal and to explain and justify the proposal in a structured way”. In this way, the statement is intended to be a useful tool to assist consultees and decision-makers in determining the application.

1.3 This Design and Access Statement has been prepared by Black & Veatch Ltd on behalf of the Environment Agency, in support of a planning application for a flood defence embankment and seepage cut off along the north eastern boundary of Attenborough Village, Nottingham. This forms an integral part of the Nottingham Trent Left bank Flood Alleviation Scheme (FAS).

1.4 Planning permission for the Nottingham Trent Left Bank FAS was granted with conditions on 8 April 2009 by Broxtowe Borough Council (BBC) (planning reference 08/00898/FUL).

1.5 Within the planning permission 08/00898/FUL, Broxtowe Borough Council separated the sections of the FAS within their administrative area into a number of ‘Reaches’. The current planning application is located within Reach 9 of the Attenborough Fringes scheme area and is for the construction of a flood defence embankment and a seepage cut off adjacent to Works Pond from The Strand to the Cemex Works.

1.6 The works originally proposed within Reach 9 were considered to be permitted development and therefore planning permission was not required. However, the detailed design work has enabled a better understanding of the development proposals and on this basis BBC has advised that the Reach 9 works require planning permission.

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

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(b) The Applicant

1.7 The Environment Agency was established by the Environment Act 1995 and is a non-departmental public body, with statutory responsibility for flood management and defence in England. The Environment Agency’s principle aim, taken from Section 4 of the Environment Act, is “in discharging its functions so to protect or enhance the environment, taken as a whole, as to make the contribution towards attaining the objective of achieving sustainable development”.

1.8 The Environment Agency plays a central role in delivering the environmental priorities of Central Government through its functions and roles as environmental regulator, an environmental operator, a monitor of the state of the environment, an advisor on the development of environmental policy and a promoter of scientific research in support of these roles. It exercises a general supervision over all matters relating to flood defence. Under the Water Resources Act 1991, it has permissive powers for the management of flood risk arising from designated Main Rivers and the sea.

(c) The Decision Making Framework 1.9 The proposal is located within the administrative area of Broxtowe Borough Council,

which is the relevant local planning authority responsible for determining this planning application.

(d) Environmental Impact Assessment

1.10 The permitted Nottingham Trent Left Bank FAS was the subject of Environmental Impact Assessment (EIA) under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended) (the EIA Regulations). As some land drainage works are being carried out using permitted development rights, the EIA was also carried out in compliance with The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 (S.I NO. 99/1783).

1.11 The conclusions of that EIA are set out in the Nottingham Trent Left Bank FAS Environmental Statement (October 2008) Volume 1 and the Attenborough Village Peripheral Route Environmental Statement Addendum (March 2010). The Nottingham Trent Left Bank FAS Volume 1 has four separate appendices relating to the specific works within each planning authority. Appendix B – Attenborough, Erewash & Rylands addresses the works within Broxtowe Borough Council’s jurisdiction by describing the baseline conditions, the proposed works, their associated impacts and the proposed mitigation measures for the scheme area.

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

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1.12 Since the EIA Regulations came into force in 1999 they have been amended on a number of occasions. Public Consultation on draft regulations (August 2010) is currently underway on The Town and Country Planning (Environmental Impact Assessment) Regulations 2010, as part of the most recent update to take account of the latest case law. The proposed amendments to the EIA Regulations include consideration of the R (on the application of Baker) v Bath and North East Somerset Council (known as the 'Baker' case), whereby changes or extensions to an existing or approved development under Schedule 2 of the EIA Regulations only considered the effects of the change or extension, rather than considering the effects of the development as a whole, once modified. It is therefore proposed that The Town and Country Planning (Environmental Impact Assessment) Regulations 2010 include an amended Schedule 2.13 so that the thresholds in Schedule 2 apply to the development as a whole once changed or extended, and not just to the change or extension. These proposed alterations to the EIA Regulations have been taken into account with the current proposal.

1.13 Appendix A of this Design and Access Statement summarises the proposed design of the Reach 9 works, including any amendments, and the Environment Agency’s internal EIA screening process. This concludes that the proposed changes, in combination with the development as a whole, do not result in significant alterations to the environmental impacts already identified within the Nottingham Trent Left Bank FAS Environmental Statement Appendix B (October 2008) and the Attenborough Village Peripheral Route Environmental Statement Addendum (March 2010). This approach has ensured the environmental impacts of the proposed changes have been considered cumulatively with the development as a whole.

1.14 Appendix A of this Design and Access Statement demonstrates that the proposed development covered by this planning application is not considered to have significant environmental impacts in itself or to significantly alter the predicted environmental impacts in combination with the development as a whole. An Environmental Statement Addendum is therefore not included within this application.

(e) Land Ownership

1.15 Figure 108806-3900-0612 illustrates the footprint of the proposed flood defence embankment. The relevant landowners are listed in Certificate B of the planning application which is provided within the additional documents section.

(f) Format of the Design and Access Statement 1.16 This statement outlines the background to the proposed works and describes the

proposals which are the subject of the planning application. It describes the relevant policy background and provides an appraisal of the proposals with planning policy.

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2. THE NEED FOR THE SCHEME AND PROJECT BACKGROUND

(a) Background to the Nottingham FAS

2.1 Nottingham, which is located on the banks of the River Trent, has a long history of flooding with notable events occurring in 1795, 1875 and 1947 and currently some 16,000 properties within the city are at risk of flooding. The present defences were constructed during the 1950s.

2.2 In 2003 the Environment Agency embarked on a series of studies to investigate flood

risk along a 200km length of the River Trent, between Stoke on Trent and Newark. It included a technical, environmental and economic appraisal of a number of options to reduce the flood risk. A final report on the study was issued in 2005. In summary, the principal findings were that:

The flood defences through Nottingham provide a relatively low standard of

protection and some are in poor condition. Raising existing defences or the building of new defences, as appropriate, is the

preferred option. The best value for money would be achieved by protecting properties against a

flood with a 1% (1 in 100) annual probability of occurrence. There is considerable opportunity for environmental enhancement and

improvement to leisure and recreation facilities along the river frontage. 2.3 In response to these findings the Environment Agency commissioned the Nottingham

Trent Left Bank FAS to appraise, and ultimately improve, flood protection along the River Trent’s left bank. The Nottingham Trent Left Bank FAS included inspections of the existing defences, topographic surveys, ground investigations, computer modelling of the river, economic analyses and a review of options. The work confirmed that the standard of protection of the existing defences was low in places and that some of them are approaching the end of their useful life. The business case for the Nottingham Trent Left Bank FAS has been approved by the Environment Agency.

2.4 The Nottingham Trent Left Bank FAS comprises works to raise existing defences

and, where required, construct new defences to protect 16,000 homes and businesses on the left bank of the River Trent against a flood with a 1% (1 in 100) annual probability of occurrence.

2.5 The whole of the left bank of the River Trent through Nottingham is a single ‘flood

cell’. This means that a breach at the defences at any location could, in theory, flood the whole cell. The cell extends a distance of 27km from the M1 at Sawley to the Radcliffe Railway Viaduct. Only upon completion of the entire works, including those within the Attenborough Fringes scheme area, which are the subject of this planning application, will the whole flood cell be protected.

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Figure 1: Extent of the Nottingham Trent Left Bank Flood Alleviation Scheme 2.6 In April 2007 the Environment Agency published proposals for the Nottingham Trent

Left Bank FAS. The works within Nottingham City and Gedling Borough were deemed to constitute permitted development and therefore were not the subject of planning applications. However, planning applications were submitted for the works within Broxtowe Borough Council and Erewash Borough Council. Those applications were accompanied by an Environmental Statement. Erewash Borough Council granted planning permission for the sections of the FAS in its area in June 2007. In November 2007 new information became available through the Greater Nottingham Strategic Flood Risk Assessment. This information improved the accuracy of the flood predictions and this resulted in some changes to the scheme. Other changes also resulted from consultation carried out during the development of the scheme to improve the landscape and recreational value of the flood defence. As a consequence the planning application to Broxtowe was withdrawn and an amended application was submitted in October 2008.

2.7 On the 8 April 2009, Broxtowe Borough Council granted planning permission for

engineering and building operations to upgrade and extend existing flood defence work (reference 08/00898/FUL), known as the Nottingham Trent Left Bank FAS. Construction of the consented Nottingham Trent Left Bank FAS commenced on the 15 June 2009.

2.8 In October 2008 planning permission (08/00665/FUL) was granted by Broxtowe

Borough Council for the excavation of earth from the river bank and spreading of the excavated earth into the existing gravel pits at Coneries Lagoon to create a subsurface area for reed planting. This is intended to provide a reed bed habitat and is also part of the advance mitigation works for the impact of the flood defences on the Attenborough Site of Special Scientific Interest (SSSI).

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(b) Attenborough Village Green Amendment

te (reference 10/00217/FUL, referred to in this document as ‘the peripheral route’).

) Detailed Design Iteration

use this method of construction instead of steel sheet piling as much as possible.

2.11

construct a flood defence embankment using the TrenchMix construction technique.

2.9 Due to the protection afforded to village greens and concerns expressed by the local

community, the Environment Agency was requested to seek an alternative route for the flood defences to that consented under 08/00898/FUL for the Attenborough village green, which included the construction of a flood defence wall along The Strand. The proposal for this section realigned the flood defences to follow a peripheral route around the southern edge of the village green. This change was considered to have the potential to have significant adverse effects on the environment and hence, under Schedule 2, Part 13 (a) of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended), an EIA was required. An Environmental Statement (ES) Addendum was therefore produced to accompany the planning application. On 3 September 2010, Broxtowe Borough Council granted planning permission for flood defence works for the Attenborough Village peripheral rou

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2.10 During the detailed design stage of the Attenborough Fringes scheme area the scheme proposals were re-examined to see whether there were alternatives that would reduce environmental impacts and respond to comments received from the local community. This has resulted in two planning applications on the southern and western sides of the village, which are currently in progress (PP-01235827 and PP-1220622). On the north eastern side of the village the two specific issues that were raised concerned potential risks associated with driving steel sheet piles within close proximity of residential properties and opportunities to shorten the construction programme. In response, the alternative TrenchMix construction technique, which has recently and successfully been used to delivery much of the works in Attenborough, was identified as offering such benefits. This was further evidenced by a request from the Environmental Health Officer of Broxtowe Borough Council encouraging the project team to

In order to make use of this technique, which provides an effective underground cut-off to the percolation of water but offers no structural rigidity as a steel sheet pile does, either a wall with a larger footprint would be required (i.e. underground concrete base element) or ground levels would need to be built-up in the form of an embankment. A larger wall footprint would increase the required temporary and permanent working areas (permanent owing to the need to leave permanent access beyond the width of the base). Whereas the embankment solution could reduce the temporary working area, whilst keeping the permanent footprint to a similar level as steel sheet piles requires. The embankment solution also offers the advantage of keeping construction to three operations (i.e. raise ground, install trench and reinstate), rather than four (raise ground, install trench, cast wall and reinstate), saving more time in local construction. Therefore the current proposal is to

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3. DETAILS OF APPLICATION

(a) Design

The Site and Surroundings

3.1 The permitted flood defences within Broxtowe Borough Council’s administrative area run through Toton, Attenborough and Beeston. Within the Attenborough area, the consented flood defence works are being constructed within the Attenborough SSSI and Nature Reserve, around the southern side boundary of Attenborough Village, and along the south side of the railway line opposite houses on Long Lane.

3.2 The application site for the amended flood embankment design is within boundaries of 7 Ferndale Close and The Willows, in Attenborough Village and within Works Pond, part of Attenborough Gravel Pits SSSI, adjacent to Attenborough Village. Details of the flood embankment design are shown in Figures 108806-3000-0007 and 108806-3000-0008.

3.3 A plan of the Environmental Constraints associated with Attenborough Village is provided with this planning application (Figure 108806-3900-0230).

3.4 There are two Conservation Areas in Attenborough. The Attenborough Village Conservation Area is centred around St Mary’s Church and includes most of the village. The Barge Lane Conservation Area lies north of the railway line and includes sections of Long Lane and Attenborough Lane.

3.5 There are three Listed Buildings in Attenborough Village. Ireton House (Grade II*), St Mary’s Church (Grade I*) and Rose Cottage at 45 The Strand (Grade II) lie within the scope of the wider FAS works.

3.6 Attenborough is a Medieval village and the Fishponds Scheduled Monument (SM) is located south of St Mary’s Church. The group value of the SM and the Medieval village remains makes Attenborough a potential area of regional archaeological significance.

3.7 There are two horse chestnut trees with Tree Preservation Orders (TPOs) in place at 3 Adenburgh Drive.

Description of Development

3.8 The 280m section of flood defence embankment from The Strand to the Cemex Works will be constructed by building out a filled construction “shelf” (made using rock and earth fill), extending from the verge of Ferndale Close into Works Pond. Initially this will be built low down in order to enable the required tree clearance works, and confined to the pond side of the existing fence along Ferndale Close. This shelf will then be built-up to the required flood defence level of 28.03mOD, a maximum height of 1.03m OD above the adjacent ground level but typically only 0.6m above. The TrenchMix machine will then run along this shelf to construct the below ground seepage cut off; this is a barrier to stop underground movement of water. The shelf will then sculpted to a gentle sloping profile and 1.5m flattened areas running along the bank to aid the access and maintenance.

3.9 Masonry walls will be constructed in two locations along the embankment in order to ensure the security of the two properties most closely affected by the works, i.e. 7 Ferndale Close and 51 The Strand.

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

Design and Access Statement_Reach9_v1.1.doc

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3.10 The flood defence embankment will tie in with the flood defence works permitted under 08/00898/FUL.

Construction Hours

3.11 Site working hours will be from 7.30am to 6pm from Monday to Friday. There will be no construction access or working during weekends or public holidays unless agreed in writing in advance with the local planning authority, in consultation with the Environmental Health Section.

Use

3.12 The purpose of the flood defence wall is to retain flood waters and in doing so to complete part of the Nottingham Trent Left Bank FAS, which will protect some 16,000 properties from a 1 in 100 year event.

Amount

3.13 The flood defence embankment is approximately 280m long and varies in height according to the varying ground levels but averages at approximately 1m in height. The flood defence embankment will form a new permanent feature in the landscape. The seepage cut off will be constructed using grout trench technology and the embankment will be constructed using the fill material required for the temporary working area. The embankment will then be seeded in order to soften its visual appearance.

Layout

3.14 The proposed flood defence embankment follows a route from the eastern end of The Strand adjacent to Works Pond in a north westerly direction up to the Cemex Works site. This proposed route was detailed in the Nottingham Trent Left Bank FAS Environmental Statement (October 2008) Appendix B, which was submitted with planning application 08/00898/FUL.

Scale

3.14 The required temporary working area and proposed footprint for the works is 4801m2. The flood defence embankment will be approximately 1m in height and 280m long. Landscape Design

3.15 Full garden reinstatement will be undertaken in agreement with the landowners. Drawing 108806-3600-0421 illustrates the landscaping reinstatement plans, including details of the number, types and positions of the proposed trees and shrubs, along with planting, seeding and turfing of other soft landscape areas. This is submitted as supplementary documentation supporting this planning application.

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Planning Application for a flood defence embankment and a seepage cut offDesign & Access Statement

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(b) Access

Introduction

3.16 The purpose of the access component of a Design and Access Statement is to

3.17 access component of the

FAS works within the

n site compound at the Cemex works will be used to service the Reach 9

.20 closures associated with this section of works. y immediately adjacent to the working area, will not

Pedestrian Access and Routes

3.21 ight of Ways affected by the proposed works detailed within

ions of the flood

.23 The primary access to the completed flood defence for Environment Agency Operatives will be via secure field gates from The Strand and Ferndale Close.

explain the vehicular and transport links to a development and how the principles of inclusive design, including the specific needs of disabled people, have been integrated into a proposed development.

Circular 01/2006 advises, “the requirement for the statement relates only to ‘access to the development”.

Vehicular and Public Transport Access to the Site

3.18 The proposed flood defence works will be undertaken at the same time as the construction of the consented Nottingham Trent Left BankAttenborough Fringes scheme area. Therefore all associated construction traffic routes, temporary working areas and site compounds will be located as agreed under the original planning permission (reference 08/00898/FUL).

3.19 The maiwork. The construction access will be from the Cemex access road primarily following the route of the temporary working area along the infilled margins of Works Pond.

3 There are no temporary road Ferndale Close, the public highwabe affected by the proposed works.

There are no Public Rthis application.

Operational Access

.22 The Scheme is designed to be low maintenance. Planned inspect3defence walls and associated structures will be required annually, and in some areas more regularly. Access routes of between 2-5m will be maintained along both sides of all flood defence walls for maintenance and inspection purposes.

3

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4. POLICY CONTEXT

(a) Development Plan Framework 4.1 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 and Section 54A

of the Town and Country Planning Act 1990 require that planning applications are determined in accordance with the Development Plan unless material considerations indicate otherwise. The statutory development plan comprises the East Midlands Development Plan and the saved policies from the Broxtowe Local Plan (September 2004). Planning Policy Statements (PPS) and Planning Policy Guidance Notes (PPGs) are material considerations.

4.2 The following paragraphs summarise the policies that are considered to be of

relevance to the consideration of this application. (b) National Policy Context

4.3 The proposed flood defence embankment involves development within the

Attenborough Conservation Area and within Attenborough Gravel Pits SSSI. Based upon the issues arising from this location, the relevant national policy context is as follows:

PPS1: Delivering Sustainable Development, provides key principles for local planning authorities to make decisions on planning applications. It refers to the plan-led system on which planning decisions should be based. It is supplemented by PPS Planning and Climate Change, which sets out how planning, in providing for the new homes, jobs and infrastructure needed by communities, should help shape places with lower carbon emissions and resilience to the effects of climate change. PPG2: Green Belt, seeks to protect the visual amenities of the Green Belt. PPS5: Planning for the Historic Environment, gives priority to preserving or enhancing the character or appearance of Conservation Areas and aims to conserve our heritage assets and utilise the historic environment in creating sustainable places. PPS9: Biodiversity and Geological Conservation, aims to promote sustainable development by ensuring biological and geological diversity is conserved and enhanced. It is supplemented by Circular 06/05 Biodiversity and Geological Conservation. PPS23: Planning and Pollution Control, advises on the relationship between the separate but complementary systems of pollution and planning control. PPS24: Planning and Noise, provides guidance on sites affected by noise and to ascertain areas where development would be inappropriate or require sound attenuation measures. PPS25: Development and Flood Risk, advises that the planning system should seek, where possible, to reduce and certainly not increase flood risk.

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(c) The Statutory Development Plan

East Midlands Development Plan (March 2009)

4.4 The relevant policies from the East Midlands Development Plan are: Policy 1 – Regional Core Objectives. Policy 2 – Promoting Better Design. Policy 4 - Development in the Eastern sub-area. Policy 26 – Protecting and Enhancing the Region’s Natural and Cultural

Heritage. Policy 27 – Regional priorities for the Historic Environment. Policy 28 – Regional priorities for Environmental and Green Infrastructure. Policy 29 – Priorities for Enhancing the Region’s Biodiversity. Policy 31 – Priorities for the management and Enhancement of the Region’s

Landscape. Policy 33 – Regional priorities for Strategic River Corridors. Policy 35 – Regional Approach to Managing Flood Risk.

Broxtowe Local Plan 4.5 The Broxtowe Local Plan was adopted in 2004 and covers the period up to 2011. The

following saved policies are of relevance:

E1 – Good Design; E3 – Development within Conservation Areas; E8 – Development in the Green Belt; E15 – Sites of Special Scientific Interest; E17 – Sites Supporting Species Protected By Law; E24 – Trees, Hedgerows and Tree Preservation Orders, and E26 – Pollution.

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5. CONSULTATION

5.1 The Environment Agency has engaged widely with key stakeholders and local communities about the Nottingham Trent Left Bank FAS. In relation to this planning application, the Environment Agency has specifically undertaken consultation with the following:

Landowners of 7 Ferndale Close and The Willows; Landowners of Works Pond; Landowners of 1 – 5 Ferndale Close; Officers from Broxtowe Borough Council; Nottinghamshire Wildlife Trust and Natural England.

6. APPRAISAL

6.1 This section considers the key planning considerations of the proposed flood defences, which include:

The acceptability of the principle of the development, including consideration of

the overall aims, purpose and need for the flood defences; Greenbelt; SSSI and nature conservation issues; Impact on the Conservation Area and other heritage; Floodplain and impact on surrounding villages; Surface water drainage, and Construction activities.

(a) Acceptability of the Principle of Development 6.2 The Environment Agency is the national body with statutory responsibility for

reducing the risk of flooding from rivers and the sea. Continued development on floodplains nationally has increased the number of people and properties at risk from flooding. The present defences protecting Nottingham were constructed during 1950, after approximately 3,000 properties were flooded in 1947. After more recent floods in 1998 and 2000 a series of studies were carried out by the Environment Agency to investigate ways of dealing with the flood risk and a report was completed in 2005 with the publication of the Fluvial Trent Flood Risk Management Strategy.

6.3 As a consequence, the Environment Agency commissioned the Nottingham Trent

Left Bank FAS to appraise and ultimately improve, flood protection along the River Trent’s Left Bank which adheres to PPS25 and Regional Policy 35. This identified that the standard of protection of the existing defences was low in places and that some parts were approaching the end of their useful life. There is a need therefore to improve existing defences and, where required, construct new defences to protect up to 16,000 homes and businesses on the left bank of the River Trent against flooding with a 1 in 100 annual probability of occurrence.

6.4 It is estimated that the consented and proposed flood defences through the Broxtowe

area will result in an improved standard of protection for 3,191 residential and business properties as well as opening development opportunities for the area, which otherwise would be restricted by the risk of flooding.

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6.5 Broxtowe Borough Council has already granted planning permission for other sections of the FAS within its administrative area. The need for the FAS is understood and the principle of developing the FAS within Broxtowe Borough is accepted. The section of the FAS that is the subject of this planning application was excluded from those previous planning applications and consents because it was believed that the works benefitted from permitted development rights. During the detailed design of Reach 9, it became apparent that alternative construction methodologies could be used that would reduce impacts on Attenborough Gravel SSSI and the local community. As a result of consultation with Broxtowe Borough Council regarding these alternative construction methodologies, the Environment Agency was advised that the works require planning permission.

(b) Green Belt 6.6 Like the majority of the consented route of the flood defences in Attenborough, the

section of the FAS which is the subject of this planning application, is located within the Green Belt. With regard to development in the Green Belt, PPG2 states ‘very special circumstances to justify inappropriate development will not exist unless the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations’. Further to this, Broxtowe Local Plan Policy E8 protects the Green Belt from inappropriate development. Broxtowe Borough Council has previously accepted that the provision of adequate flood defences to protect some 16,000 homes and businesses from flooding constitutes very special circumstances that would outweigh the harm to the Green Belt and the desirability of achieving full compliance with the Local Plan Policy E8.

6.7 Whilst the construction activities will be intrusive and have a visual impact on the

residents of Ferndale Close, those impacts are temporary and unchanged from those detailed in the Nottingham Trent Left Bank FAS Environmental Statement Appendix B (reference 08/00898/FUL).

6.8 The embankment will introduce a new permanent landscape feature within the setting

of the Green Belt. The flood defence embankment will be seeded with a grass mix which will soften its appearance in the context of the surrounding landscape. Garden Reinstatement Plans will also be produced in consultation with the relevant owners.

6.9 As the proposal does affect the Green Belt, if Broxtowe Borough Council is minded to

approve the application, then it will need to be advertised as a departure from Green Belt policy and the application referred to the Secretary of State. The previously consented scheme (reference 08/00898/FUL) and the peripheral route (reference 10/00217/FUL) were also referred to the Secretary of State, who declined to determine the applications.

(c) SSSI and nature conservation issues 6.10 The proposed flood embankment is located partly within the Attenborough Gravel

Pits SSSI and Nature Reserve (Attenborough SSSI). The SSSI comprises a series of inter-connected lakes, which were created as a result of aggregate extraction. The 221.2ha site is notified for its lowland eutrophic open waters with emergent vegetation, wet floodplain woodland, unimproved floodplain grassland, a rich assemblage of breeding birds associated with lowland open waters and their margins, and wintering shoveler and bittern. The site attracts up to 3,000 visitors per week and there is a network of well used footpaths and bridleways.

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6.11 Local Plan Policy E15 seeks to avoid adverse effects on a SSSI unless the reasons for the development clearly outweigh the value of the site and the national policy to safeguard such sites. The proposals detailed within Nottingham Trent Left Bank FAS Environmental Statement Appendix B for Reach 9 were considered to be acceptable in respect of the SSSI due to the appropriately proposed mitigation and compensation works. As detailed in Appendix A the alterations to these proposals result in no significant alterations to the impacts already identified within the Nottingham Trent Left Bank FAS Environmental Statement Appendix B (reference 08/00898/FUL) and the proposed mitigation and compensation works remain unchanged.

6.12 The risk of potential pollution from the temporary construction works to the open water habitats of the SSSI will be managed through the implementation of good construction practices, including implementation of an Environmental Action Plan (EAP), in accordance with Local Plan Policy E15. An Environmental Clerk of Works (ECW) will undertake weekly audits to ensure compliance with the EAP.

6.13 Local Plan Policy E24 seeks to avoid adverse impacts on important trees and hedgerows. The working area for the flood defence works is at least 390m from the trees at 3 Adenburgh Drive with TPOs in place. The proposed works will not impact upon these trees. Furthermore, a Tree Protection Plan (TPP) will be implemented to avoid adverse impacts on other retained trees. The ECW will undertake weekly audits to monitor compliance with the TPP.

(d) Impact on the Conservation Area and other heritage

6.14 The proposed temporary construction works adjacent to The Willows are located

within the Attenborough Conservation Area. However the embankment itself will be located outside the Conservation Area boundary once works are complete. The flood defence works will protect the Conservation Area from flooding, and as such are considered to provide a beneficial outcome that outweighs the potential temporary adverse impacts on the Conservation Area. The proposed flood defence embankment will be seeded which will soften its appearance and where reasonably practicable vegetation aligning the working area will be retained. Therefore it is considered that the impact on the Conservation Area has, in accordance with Local Plan Policy E3 and PPS5, been minimised as far as reasonably practicable.

6.15 No Scheduled Monuments or Listed Buildings will be impacted upon by the works proposed in this planning application.

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(e) Floodplain and impact on surrounding villages

6.16 This planning application relates to the construction of an embankment and seepage cut off along Reach 9 of the Nottingham Trent Left Bank FAS. The effect of the proposed embankment within the Attenborough Fringes scheme area will not significantly alter the modelled flood levels, and will result in a volumetric loss of floodplain storage of 900m3 on Reach 9 (summarised within Appendix A of this document). This totals less than 2% of the 53,000m3 incremental change brought about by the peripheral route scheme (Planning Permission reference 10/00217/FUL) and less than 0.1% of the total River Trent 1% (1 in 100) annual exceedance probability event flood volume. None of the proposed changes will lead to a further narrowing of the floodplain. It is therefore extremely unlikely that these changes will affect water levels upstream or downstream of Attenborough Village, and therefore the Flood Risk Assessment (FRA) 1 from March 2010, which supported the approved planning application 10/00217/FUL, has not been amended and is included with this application.

6.17 The existing FRA details the impact that a 53,000m3 loss of floodplain at the 1% (1 in

100) annual exceedance probability event has on water levels around the village and downstream of the scheme. It concludes that this volume of floodplain loss does not impact water levels downstream of the scheme and leads to a local raising of the flood level by up to 100mm up to 1.2km upstream of the village (largely due to the narrowing of the floodplain rather than the volumetric loss of storage).

(f) Surface water drainage 6.18 The construction of the proposed flood defence will cut across surface water

drainage routes and in these locations the design includes new drainage systems to prevent localised flooding on the protected side of the flood defence. Back of wall drainage is to be installed to divert surface water drainage via a number of individual controlled outlets (flap valves) to be discharged in to the adjacent lakes.

(g) Construction activities 6.19 Local Plan Policy E26 seeks to protect against development which would result in a

significant deterioration in air quality, significant loss of health or amenity due to pollution. Construction activities have the potential to impact on the local environment. However, the construction contractor will be required to implement the environmental management measures set out in the Environmental Statement, the Addendum to the Environmental Statement and the project EAP.

6.20 Due to the urban and residential nature of the scheme area, minor to moderate

adverse, short term noise impacts on local residents are predicted during the temporary construction phase.

1 Environment Agency (March 2010) Nottingham Trent Left Bank Flood Alleviation Scheme Flood Risk Assessment Incorporating the Attenborough Village Peripheral Route v8. Black & Veatch Ltd., Chester.

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6.21 Noise and vibration during the works will be managed in line with the measures outlined in Section 7.6 of Volume 1 and in accordance with guidance given within BS 5228 parts 1 & 2 and BS 7385 parts 1 & 2 and PPS24. Short-term exceedances in specified noise levels of 75dB(A) will be kept to a minimum and phased to occur at the least sensitive times. All plant and equipment used will meet modern standards and be in a good state of repair. Monitoring of the noise and vibration outputs will be carried out, if required, to ensure compliance with statutory requirements. These measures have been agreed in advance with Broxtowe Borough Council’s Environmental Health Officer2.

6.22 In addition to the above, the following control measures will be applied during construction to reduce noise and vibration:

Access to the site for delivery of plant and materials will be limited to between

7.30am and 6pm Mondays to Fridays; Plant will be suitably sized for the works to limit noise and vibration; Temporary fixed plant to be positioned as far as reasonably practicable away

from residential properties and screened to reduce noise emissions, and Site inductions and tool box talks will reflect the need to consider noise issues,

such as switching off plant that is not in use, keeping engine covers closed and avoiding shouting and slamming of vehicle doors, particularly during out of hours working.

6.23 The effective communications between the contractor, residents and council

Environmental Health Officers will be maintained. 6.24 A Traffic Management Plan (TMP) specific to the Attenborough Fringes works will be

implemented, as has been successfully implemented for works upstream and downstream of Attenborough Village. This will specify access routes for construction traffic to minimise noise disturbance and avoid sensitive areas.

6.25 The impact of dust generation from the temporary construction works will be minor

adverse and short-term. This will be controlled with the application of a site waste management plan, good practice on site and effective public relations, as detailed in Section B6 of the Nottingham Trent Left Bank FAS Environmental Statement Appendix B. Vehicle exhaust emissions are also considered to be of no significance due to the urban nature of the site. These impacts are unaltered from those detailed in the Nottingham Trent Left Bank FAS Environmental Statement Appendix B (reference 08/00898/FUL).

2 Broxtowe Borough Council letter reference PS/EW from P. Smith, dated 2 July 2009; Email correspondence from M. Midgley dated 16 September 2010.

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7.1 SUMMARY & CONCLUSIONS

7.1 The proposals for a flood defence embankment and seepage cut off in Attenborough

Village, which forms part of the Nottingham Trent Left Bank FAS, have been reviewed against the requirements of the national, regional and local planning framework.

7.2 It had previously been considered that this section of the FAS benefitted from permitted development rights. Subsequently, as more information regarding the detailed design and construction methodology for this section of works became known, the Environment Agency was advised that planning permission was required. This section of the FAS is necessary to ensure successful delivery of the FAS as a whole; namely flood protection for approximately 16,000 homes and businesses.

7.3 The proposed flood defence works have been designed to minimise potential

adverse impacts on the local site and surroundings, whilst ensuring it meets its functional requirements. The potential environmental impacts of the proposed works have been considered through an Environment Agency EIA screening process. This concluded that there are no significant alterations to the impacts already identified within the Nottingham Trent Left Bank FAS Environmental Statement Appendix B, as consented under 08/00898/FUL, and the Attenborough Village Peripheral Route Environmental Statement Addendum, consented under 10/00217/FUL.

7.4 The principle of the development is considered to be acceptable and the proposed design and mitigation measures respond appropriately to the relevant planning policy set out in the statutory development plan.

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Appendix A

Attenborough Fringes Amendments: EIA Screening

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Attenborough Fringes (Reach 9) Amendments: EIA Screening. The following table records the Environmental Impact Assessment (EIA) Screening assessment that has been undertaken by the Environment Agency to consider the updated design within the Attenborough Fringes (Reaches 7 and 9) Scheme area, including the proposed amended design of the flood embankment from The Strand to the Cemex Works. The environmental impacts, which were identified in the Nottingham Trent Left Bank FAS Environmental Statement Appendix B (October 2008) and subsequent ES Addendum (March 2010), have been reviewed and updated to reflect the proposed 2010 Scheme amendments. The EIA methodology is set out in the Nottingham Trent Left Bank FAS Environmental Statement Volume 1 (October 2008). The amendments to the Attenborough Fringes Scheme include: Reach 7: Raising a 110m section of Public Right of Way 65 from St Mary’s Close to Adenburgh Drive to flood defence level and installing a below

ground seepage cut-off with the use of grout trench technology (planning reference 10/00591/FUL). This is proposed instead of the construction of a sheet-piled flood defence wall aligning the footpath.

Reach 7: Flood defence wall and floodgate realignment adjacent to Ireton House and St Mary’s Church. Reach 9: Construction of the below ground seepage-cut off and flood defence embankment aligning Works Pond with the use of grout trench

technology rather than sheet piling, as detailed in this planning application. This enables the defence to be constructed closer to the SSSI boundary and the fill material required for the temporary working area is to be re-profiled to form a gentle grassed embankment.

Sections specific to this planning application for Reach 9 are highlighted in green. This screening process identifies how the altered design does not result in any significant changes to the residual impacts already identified within Appendix B, and hence an EIA Addendum is not included within this application.

Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

CONSTRUCTION IMPACTS Impact on local properties as a result of construction activities in close proximity (<50m)

Minor to moderate adverse and short term

Alternative access arrangements if required.

Ongoing liaison with residents. Minimise working area in private

properties. Full reinstatement of gardens.

Minor to moderate adverse and short-term

No change

Impact on key businesses as a result of construction activities in close proximity

Minor to moderate adverse and short-term

Ongoing liaison with local businesses.

Minor to moderate adverse and short-term

No change

Impact on local farming and commerce as a result of construction activities

Minor adverse and short-term

Liaison with affected landowners. Minor adverse and short-term

No change

HU

MA

N P

OP

UL

AT

ION

Impact on sensitive sites as a result of construction activities in

Minor to moderate adverse and short term

Liaison with the church and its users. Suitable access arrangements agreed with

Minor to moderate

No change

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

close proximity Attenborough Preparatory School.

Alternative nearby recreation facilities sought for school’s use.

No construction activity during annual village fete, biennial flower festival and Christmas Bazaar.

adverse and short-term

Impacts on local recreational resources as a result of construction activities

Moderate to major adverse and short-term

Formal closure and temporary diversion where possible of footpaths and bridleways with clear signage provided.

Minor to moderate adverse and short-term

Reach 7 amendments to works on PRoW 65 are expected to be delivered more quickly than the previously permitted design resulting in reduced disruption to local users. No significant change.

OPERATIONAL IMPACTS Impacts on local population as a result of the reduction in flood risk

Moderate beneficial and permanent

No mitigation required. Moderate beneficial and permanent

No change

Impact of flood regime on local recreational resources and sensitive sites outside new defences

None No mitigation required. None Altered alignment in Fishponds Scheduled Monument does not impact upon flood regime. No significant change.

Impact on villages outside of scheme area

Moderate adverse and permanent

See Section 8, Volume 1.

CONSTRUCTION IMPACTS

FL

OR

A A

ND

F

AU

NA

Attenborough Gravel Pits SSSI Moderate adverse Areas of temporary works to be None to Reduced vegetation clearance

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

(National) Site clearance and construction (see also ‘birds’)

reinstated. Compensatory habitat to be provided;

refer to Appendix F. Detailed mitigation method statement to

be agreed in advance of works with NE/NWT/Cemex.

moderate adverse in the medium to long-term.

required for Reach 9 within Works Pond1. This will result in a reduced impact upon the Attenborough Gravel Pits SSSI. The residual impact is already identified as none to moderate adverse in the medium to long-term. No significant change.

Attenborough Gravel Pits SSSI (National) Construction of flood wall

Minor adverse Wall facing to be ‘rough’ to allow small mammals to climb to escape floods, limited overhanging coping. Access also possible along the floodplain and over level-crossings.

None Removing 110m of flood wall on Reach 7 where small mammals would be able to climb over planted vegetation to reach the raised level of the footpath. 280m of gentle sloped flood embankment on Reach 9 making access easier for small mammals to escape floods. No significant change.

Attenborough Gravel Pits SSSI (National) Site clearance and construction of compensatory habitat measures.

Moderate adverse Detailed mitigation method statement to be agreed in advance with NE/NWT/Cemex but to include pollution control, protected species surveys, appropriate timing of works, etc.

None to moderate adverse in the medium-term. Moderate beneficial in the long-term.

No change to compensatory habitat plans.

Attenborough Gravel Pits SSSI (National) Silt disturbance

Minor adverse and short-term

Little cost-effective mitigation available but localised use of geotextile or Phos-lock to be discussed with NE.

Minor adverse and short-term

Use of geotextile membrane in embankment on Reach 9 to prevent wash out of silt and fine materials into Works Pond. No significant change.

1 Impacts highlighted in pink are specific to amended flood wall design along Reach 9.

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Attenborough Gravel Pits SSSI (National) Water pollution

Minor adverse Pollution control/good working practice. None No change

Attenborough Gravel Pits SSSI (National) Dust

Minor adverse Good working practice. None Potential for increased dust generation with the requirement for additional earth on Reach 9. However less fill material will be required for the temporary working area. Therefore overall there is a potential saving of 2000m3 of stone fill material required. No significant change.

Attenborough Gravel Pits SSSI (National) Hydrology

Minor adverse Long-term monitoring. Minor adverse in the long-term

No change.

Overall significance of effect on Attenborough Gravel Pits SSSI (National)

Moderate adverse Working area minimised. Detailed mitigation method statement to

be agreed in advance with NWT and Cemex but will include stripping and reinstatement or harvesting and re-sowing temporary working areas and creation of compensatory habitat.

Minor to moderate adverse in the short-term (National). None in the long-term (National). Moderate beneficial in the long-term (National).

No change.

Attenborough Pastures SINC (County)

Minor adverse and short-term

Pollution control/good working practice. None No change

Trees – woodland and standard trees (County)

Moderate adverse and permanent

Detailed design to retain as many trees as possible. Working width to be reduced, where practical, to retain trees. Retained trees to be fenced off: No works within tree canopy. BS 5837 to be followed.

Replacement and supplementary planting.

Minor adverse in long term. No permanent significant residual impact

Reduced extent of clearance of up to 900m2 of wet woodland habitat in Works Pond (Reach 9). No significant change.

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Hedgerows (Local – District) Moderate adverse and

permanent Hedges replanted next to defence where

practical with mix of locally native species.

None No change

Birds (Regional) Moderate adverse and permanent

Vegetation clearance to be undertaken outside of breeding bird season. Work within most sensitive lakes of SSSI carried out outside of breeding season. All vegetation in temporary working areas to be reinstated. Compensatory habitat measures within SSSI will create additional habitat in the medium to long-term.

Minor beneficial in the long-term (compensatory habitat will have a beneficial impact to the bird interest in the SSSI)

No change

Bats (Local) Minor adverse and permanent

Further survey prior to construction phase. If bats confirmed licence to be obtained and mitigation strategy agreed with Natural England.

Compensatory habitat to include replacement planting and erection of bat boxes in the local area.

None in medium to long-term

Flood wall to be constructed 5m closer to T115 but working area unchanged. Tree is to be trimmed back under ecological supervision but not removed. Reasonable Avoidance Measures (RAMS) to be followed as per bat report2. Additional mitigation measures include the removal of ivy prior to the commencement of the hibernation period, and prohibiting the use of construction lighting. An additional number of trees are to be retained as a result of the realignment proposal, which will retain better bat flight corridors than the previously consented alignment (reference 08/00898/FUL). No significant change.

2 Environment Agency (2010). Ireton House Bat Report. Black & Veatch Ltd., Chester. This report is included as a supplementary document to this planning application.

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Otters (Regional) Minor adverse and short-

term. Pre-construction surveys to ensure no

holts or resting places have been established in the interim period which could be disturbed by the works.

None

No change

Water Voles (County) None Pre-construction surveys. Design and re-instatement of banks to improve water vole habitats.

None to minor beneficial in medium-term.

No change

Amphibians (Local to County) None Pre-construction survey and depending on findings, mitigation to be agreed with County Ecologist. Many involve trapping/translocation.

None No change

Invertebrates Minor adverse and short-term

Ares of temporary works to be reinstated. The mitigation/compensatory habitat measures proposed within the SSSI would be valuable for invertebrates. Detailed mitigation method statement to be agreed in advance of works with NE/NWT/Landowner.

Minor adverse in medium-term. None in long-term.

No change

OPERATIONAL IMPACTS Holme Pit and Attenborough SSSIs (National)

No significant impact None required. None No change

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

SINCs (County) No significant impact None required. None No change

CONSTRUCTION IMPACTS Construction site noise

Moderate to major adverse and short-term

Temporary fixed plant to be positioned as far as practically possible away from residential properties and screened to avoid noise emissions.

Liaison with residents and local businesses.

Generic mitigations measures; refer to Section 7.6.5, Volume 1.

Minor to moderate adverse and short-term

Use of the trench mixer to construct the seepage cut-off eliminates the requirement for 110m of sheet piling from Reach 7 PRoW 65 raising works. This will significantly reduce noise and disturbance to buildings within 50m and specifically to the 7 properties aligning the works.

Reach 7 piling is 5m further away from Ireton House and 5m closer to St Mary’s Church. The properties are still within 50m of the working area however, and hence disturbance will not be significantly altered.

Reach 9 use of trench mixer will reduce site noise and disturbance to buildings within 50m of works.

Reach 9 construction period and programme will be reduced with use of trench mixer.

No significant change in impact as already considered minor to moderate.

NO

ISE

AN

D V

IBR

AT

ION

Sheet piling noise and vibrations

Moderate to major adverse and short-term

Liaison with residents and local businesses.

Moderate to major adverse

Reduced piling required in Reach 7 and no piling required

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Pre-works condition survey of all

properties that are considered at risk within 20m of sheet piling plus other structures as required.

Structural engineer to assess what the maximum tolerance level of vibration is for these buildings.

Continuous vibration monitoring during sheet piling.

The vibration of the hammer will be regulated by the operator to ensure that a careful balance between work output and noise/vibration is reached.

Piling plant will be well maintained to ensure unnecessary vibrations from exhaust systems or loose panels are eliminated.

Training in the form of site inductions and tool box talks will reflect the need for consideration of noise issues such as switching off plant that is not in use, keeping engine covers closed, reporting defects and avoiding shouting and slamming of vehicle doors especially during out of hours working.

(for properties within 50m of sheet piling activities) and short-term

in Reach 9. 470m length of sheet piling avoided in total, 280m at Reach 9. No significant change.

Construction traffic noise See Section B9 of Environmental Statement Appendix B – Attenborough, Erewash & Rylands OPERATIONAL IMPACTS No significant impacts identified

CONSTRUCTION IMPACTS

AIR

QU

AL

ITY

Impact on the local environment from dust generating activities and vehicle emissions

Minor to moderate adverse and short term

An Environmental Clerk of Works will monitor the EAP and mitigation measures.

Generic mitigations measures; refer to Section 7.7, Volume 1.

Adhere to the CIRIA Guidelines ‘Environmental Good Practice on Site’ (2005); refer to Section 7.7.5, Volume 1.

Refer also to Section C9.

Minor adverse and short term

280m additional length of embankment on Reach 9 but reduced amount of fill required for temporary working area. Saving of up to 2000m3 of material being brought to site. Slight but not significant decrease in risk of dust pollution.

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Use of alternate methods e.g. use of mains

power rather than generator.

Approximately 400 (800 round trip) vehicle movements avoided along Reach 9. Slight but not significant reduction in vehicle emissions. Already in busy quarry site. No significant change.

OPERATIONAL IMPACTS No significant impact identified CONSTRUCTION IMPACTS (Residual impact determined post mitigation works)

LA

ND

SCA

PE

AN

D V

ISU

AL

A

ME

NIT

Y

Reach 7 St Mary’s Close to The Strand (Landscape) Construct new wall along boundary of SSSI

Moderate adverse permanent

Reinstatement of fencing on top of flood wall. Moderate adverse permanent

Footpath ground levels to be raised by 430mm maximum instead of constructing a flood wall for a 110m section. This will avoid the appearance of a permanent structure and maintain the open vista in the view from St Mary’s Close to Church Pond. No significant change.

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Reach 7 St Mary’s Close to The Strand (Landscape) Construct new wall along boundary of Ireton House

Moderate/major adverse permanent

Pond edge re-profiled. Reinstatement: marginal planting, pond

edge and tree planting. Maintain access to lower garden with 1.8m

high flood gate.

Moderate/major adverse permanent

Alignment of the wall within Ireton House lower garden has been moved away from the house by approximately 5m. Wall cladding, coping and flood gate masonry abutments/piers will still be in agreement with the Local Planning Authority. This alignment eliminates the requirement to remove established vegetation within the garden and hence maintains the current landscape as far as is reasonably practicable. No significant change.

Reach 7 St Mary’s Close to The Strand (Landscape) Construct new flood wall, offset from St Mary’s Church boundary

Moderate/major adverse permanent

Reprofiling on wet side.

Moderate/major adverse permanent.

Alignment altered so that the flood wall is approximately 5m closer to the Church and will form the Church boundary. Ground levels are higher here and hence the flood wall will not be as high above ground. Aligning trees to be kept, and the proposed wall cladding and coping have been selected in consultation with the Local Planning Authority. No significant change.

Reach 9 The Strand to Cemex Works Site (Landscape) Construct new wall adjacent to residential properties

Moderate/major adverse permanent

Full reinstatement of gardens where affected by works.

In-filling of the existing sloping bank to the landward side.

Reinstatement of marginal planting within Works Pond.

Moderate adverse permanent

Embankment profiled with 1:3 side slopes and seeded to soften and naturalise its appearance in the landscape. Up to 900m2 wet woodland habitat to avoid clearance for

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Replacement planting of trees and shrubs

where appropriate to offset the loss of vegetation along the alignment.

the temporary works. No significant change.

Reaches 6 & 7 (Visual) Residents of St Mary’s Close and Church Lane

Moderate/major adverse permanent

Reinstatement of property boundaries. Full reinstatement of gardens, to be agreed

with property owners.

Moderate adverse permanent

No change

Reach 7 (Visual) Residents of Ireton House

Moderate/major adverse permanent

Full reinstatement of gardens to be agreed with property owners.

Moderate/major adverse permanent

Wall cladding, coping and flood gate masonry abutments/piers will still be in agreement with the Local Planning Authority. This alignment eliminates the requirement to remove established vegetation within the garden and hence maintains the current visual amenity as far as reasonably practicable. No significant change.

Reach 7 (Visual) Visitors to St Mary’s Church

Moderate/major adverse permanent

The retention of existing mature trees and hedgerow to the boundary of St Mary’s Church. Visual impact of the wall will vary according to the season.

Moderate/major adverse permanent

The wall will be closer to the mature trees. However these are to be maintained and protected during construction. The wall is reduced in height above ground. No significant change.

Reach 9 (Visual) Residents of Ferndale Close

Moderate/major adverse permanent

Infilling sloping bank to the landward side. Reinstatement of marginal vegetation.

Moderate/major adverse permanent

Residents will view a grassed embankment. Up to 900m2 additional wet woodland habitat to be retained within Works Pond. No significant change.

Reach 9 (Visual) Residents of Allendale Avenue

Moderate adverse permanent

No mitigation possible. Moderate adverse permanent.

No change

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November 2010 12

Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

OPERATIONAL IMPACTS No significant impact identified

CONSTRUCTION IMPACTS Pollution risk from construction activities in and near to watercourses and waterbodies

Moderate to major adverse and short-term

Adhere to the Environment Agency’s Pollution Prevention Guidelines.

None No change

Disruption to potable and foul water pipelines from construction activities.

Moderate adverse and short-term.

Advance notice to water customers of disruption to supply. Good planning to minimise period of disruption.

None No change

OPERATIONAL IMPACTS Impact on surrounding villages Refer to Section 8, Volume 1 Impact on local surface water drainage

Minor adverse and permanent.

Construction of a pumping station at the western edge of The Strand.

None No change

Impact on the River Erewash No significant impact None required. None No change

WA

TE

R

Maintenance of new and raised flood defences and structures.

No significant impact None required. None No change

CONSTRUCTION IMPACTS Impact on local roads due to construction traffic

Moderate adverse and short-term

Develop a TMP; refer to Section 7.10.5, Volume 1.

Avoid increasing traffic flows on the main roads during peak periods. Time the deliveries of materials to the main compounds to be between 9am and 4:30pm.

Minor adverse and short-term

Estimated reduction of 400 vehicle deliveries (800 round trips) on Reach 9. Access will still avoid Attenborough Village as far as possible. No significant change

Impact on operation of railway network due to construction works adjacent to railway line

Moderate adverse and short-term

All approvals obtained from Network Rail. Possessions appropriately timed to minimise impact on rail network.

Minor adverse and short-term

No change

Impact due to local road raising operations and construction activities requiring road closure

Moderate adverse and short-term

Develop a TMP; refer to Section 7.10.5, Volume 1.

Minor adverse and short-term

No change

OPERATIONAL IMPACTS

TR

AF

FIC

AN

D T

RA

NSP

OR

T

Impact of new and raised defences Moderate beneficial and No mitigation required. Minor beneficial No change

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Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

on local transport infrastructure permanent and permanent CONSTRUCTION IMPACTS Impact on archaeology due to construction activities

Minor to moderate adverse and permanent

A detailed mitigation strategy agreed with archaeological officers and English Heritage.

Adhere to CIRIA’s Guidelines ‘Environmental Good Practice on Site’ (2005); refer to Section 7.11.5, Volume 1.

None New alignment within Fishponds Scheduled Monument moves the wall approximately 5m closer to the medieval fishponds. The Environment Agency has consulted with English Heritage, whose officers have advised that this change is acceptable provided an agreed mitigation strategy is developed. Scheduled Monument Consent and Listed Building Consents (St Mary’s Church and Ireton House) to be applied for. No significant change.

OPERATIONAL IMPACTS

CU

LT

UR

AL

HE

RIT

AG

E A

ND

AR

CH

AE

OL

OG

Y

Impact on the historic environment as a result of the reduction in flood risk

Minor beneficial and permanent

No mitigation required. Minor beneficial and permanent

No change

CONSTRUCTION IMPACTS Compaction of soil structure due to construction activities

Minor adverse and medium-term

Restoration of ground conditions following completion of works e.g. stripping the topsoil in advance of the works, careful storage during the works and reinstatement on completion.

Adhere to the CIRIA’s Guidelines ‘Environmental Good Practice on Site’ (2005); refer to Section 7.12.5, Volume 1.

None No change.

SOIL

, GE

OL

OG

Y A

ND

H

YD

RO

GE

OL

OG

Y

Contamination of soil and groundwater due to construction

Minor adverse and short-term

Follow Environment Agency’s ‘Policy and Practice for the Protection of Groundwater

None No change

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November 2010 14

Receptor Impact Description Significance of Impact before Mitigation Mitigation Measures Residual

Impact

2010 Scheme for Attenborough Fringes

Adhere to CIRIA’s Guidelines

‘Environmental Good Practice on Site’ (2005); refer to Section 7.11.5, Volume 1.

OPERATIONAL IMPACTS Impact of the sheet pile cut-off on groundwater flows

Minor adverse and permanent

Ongoing monitoring of groundwater levels None Reduced extent of sheet piling but still seepage cut off with use of trench mixer. No change.

Impact of increased surface water flow

None No mitigation required. None No change

CONSTRUCTION IMPACTS Impact of loss of land and associated productivity

Minor adverse and short-term to permanent

A detailed record of field drains will be made. Details for the post construction drainage schemes will be agreed with the landowners/occupiers.

Disturbed structures such as fences, hedges, ditches and water-troughs will be reinstated as soon as possible after construction.

None No change

OPERATIONAL IMPACTS

LA

ND

USE

Decrease in available floodplain. Refer to Section 8, Volume1 .