River Sowy & King's Sedgemoor Drain (KSD) Enhancements Scheme Phase 1: ES Addendum Consultation

Results updated 3 Aug 2021

River Sowy and King's Sedgemoor Drain (KSD) Enhancements Scheme: Phase 1                                 

NOTIFICATION OF DETERMINATION TO PROCEED WITH WORKS

Regulation 12A(3)(a) of the Environmental Impact Assessment Land Drainage Improvement Works (Amended) Regulations 1999 SI 1999/1783

Applicant: Environment Agency, Horizon house, Deanery Road, Bristol, BS1 5AH

Date of decision: 03/08/2021

 

Statement of the determination

The Environment Agency gives notice that it has determined, in accordance with the Regulation specified above, that the proposed improvement works (River Sowy and King's Sedgemoor Drain (KSD) Enhancements Scheme: Phase 1, herein referred to as the ‘scheme’) to the flood defences on River Sowy and King's Sedgemoor Drain near Bridgwater between Parchey Bridge, Chedzoy and Monk’s Leaze Clyce Sluice, Langport should proceed.

 

Conditions

1. Monitoring of the significant adverse effects of the improvement works on the environment and the completion of mitigation measures as identified in the Mitigation Action Plan;
2. Undertake any measures identified in the appropriate assessment (under The Conservation of Habitats and Species Regulations 2017) that contribute to the monitoring or mitigation of likely significant effects;
3. Attainment of other permits and consents, as required to deliver the activities of the scheme and Mitigation Action Plan. These permits and consents including but not limited to: Scheduled Monument Consent, Flood Risk Activity Permit and Species Licences.

 

A summary of the result of any consultation and how that information has been taken into account

In accordance with timelines mandated in the regulations specified above, consultation on the Environmental Statement was undertaken from 15 August 2020 to 13 September 2020. Advertisements to advertise our intention to produce an Environmental Statement, notification that an Environmental Statement was available to view and the determination to proceed with the works were posted up on site local to the works area and advertised in the press. Adverts were placed in three local newspapers (The Leveller, Bridgwater Mercury and Western Gazette) and the London Gazette. The Environmental Statement and appendices were publicly available online and were also sent to statutory consultees and local parish councils for review. For every consultation response received, an individual response addressing points raised was returned.

Consultation on the Addendum to the Environmental Statement was undertaken from 03 July 2021 to 01 August 2021. In advance of the consultation, an advert to inform that further information was available to view was placed in the press, later followed by an advert determining to proceed with the works. Adverts were placed in three local newspapers (The Leveller, Bridgwater Mercury and Western Gazette) and the London Gazette. The Environmental Statement Addendum and appendices were publicly available online and were also sent to statutory consultees for review. No comments or objections were raised.

 

Environmental Statement consultation response summary

Consultee	Summary of consultee response	How response was taken into account
Natural England	Supportive of the works on the condition that concerns raised over mitigation and monitoring are addressed.	Concerns addressed in the Appropriate Assessment conducted under Habitats Regulations.
RSPB	The preparation of a strategic mitigation action plan was welcomed however concerns were raised over the timing of mitigation measures, the water level maintained in the ditches overwinter and the potential reduction in small scale flood conditions that benefit the designated protected site interests.	Response incorporated into conditions outlined above.
Historic England	No concerns raised with the scheme on the condition that the Scheduled Monument Consent applied for by the drainage body is sufficient.	Inclusion of condition relating to the attainment of scheduled monument consent.
Highways England	No comments made	N/A
Member of the public	The integration of a cycle path into the scheme was proposed.	The request was considered but was determined to be outside the scope for these works with scheme funding allocated for flood risk reduction.
Member of the public	Concerns about increased flood risk to local area via rhyne system.	The concerns were allayed with a response explaining how the local drainage system functions.

 

Environmental Statement Addendum consultation response summary

Consultee	Summary of consultee response	How response was taken into account
Historic England	No comments or objections on heritage grounds to the scheme	Response acknowledged

 

Main reasons and considerations upon which the determination was based

Under 12A of the above regulations this determination considered that no objection in relation to the likely significant environmental effects of the improvement works has been made.

Under 12 (2) consideration was given to likely significant effects of the improvement works on population and human health; biodiversity; land, soil, water, air and climate; material assets, cultural heritage and landscape; and the interaction between these factors as assessed in the scheme Environmental Statement[1] and Addendum². This statement identified potentially adverse impacts to ecological features and protected species, potential residual effects on cultural heritage assets and temporary significant effects on landscape. The Environmental Statement and its Addendum has identified measures to mitigate these effects during construction and operation of the scheme in order to ensure there are no significant residual impacts. This determination is based on the delivery of these measures as described in the Environmental Statement and its Addendum.

The Environment Agency is satisfied that the conclusion reached under paragraph 12(2) in respect of the improvement works and the reasons for it address the likely significant effects of the improvement works, subject to the conditions described above and contained within the Mitigation Action Plan.

 

Contact

The Sowy and King's Sedgemoor Drain Enhancements Scheme Project Team

Sowy.KSD@environment-agency.gov.uk