Michael Christopher Meadows on behalf of Natural England
"Thank you for your consultation dated 28th July 2011, which we received on 29th July 2011. This response represents our consultation response under Section 28 of the Wildlife and Countryside Act 1981 (as amended) and Regulation 61(3) of the Habitats Regulations 2010 (The Conservation of Habitats and Species Regulations 2010). Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. We have considered the proposal against the full range of Natural England’s interests in the natural environment. Based on the information provided, Natural England has no objection to the proposed development subject to the proposal being carried out in strict accordance with the details of the application. The reasons for this view are set out below. Natural England’s Position on Transport and the natural environment: We believe that further expansion of our current transport network will inevitably damage our natural environment through land-take, habitat loss and severance, and the impacts caused by traffic. We need to move towards an environmentally sustainable transport system that can operate without causing further damage to the natural environment and within local and global environmental limits. Therefore, we are supportive of proposals that improve the environmental sustainability of freight transport. Habitats Regulations Assessment (HRA): As stated in our letter of 19 May 2011, we agree with the findings of the Report as to Effects on European Sites (7th June 2011 Rev 2.0, Document Reference 3.6) that the proposal is not likely to have a significant adverse effect on the Stour and Orwell Estuaries Special Protection Area/Ramsar site, either alone or in combination with other plans or projects, providing that measures are in place to prevent a water pollution incident reaching the international site. We note that a Pollution Incident Control Plan is a mandatory requirement and that this will take particular note of the risk of polluting the River Gipping which flows into the Orwell Estuary. Protected Species: Natural England has produced Standing Advice for Local Authorities (http://www.naturalengland.org.uk/regions/east_of_england/ourwork/standingadvice/default.aspx) on protected species, and we recommend consultation with that Advice. We note that a desk study, and protected species surveys have been conducted in support of this application. We are satisfied with the scope and methodology of these surveys, and that sufficient information already exists on the distribution of reptile species across the application site. With respect to European Protected Species, we are satisfied that there is unlikely to be an adverse effect on the populations of bat species identified with the mitigation measures outlined in Tables 1-J and 1-K of the Ecology Technical Report (replacement roost opportunities, and controls on lighting), and that there is also unlikely to be an adverse impact on otters using the riparian habitat of the River Gipping with the measures set out in the above Tables, specifically the design of the bridges to incorporate a gap between the abutment and the river bank. Further advice on bridge design and otters can be found in Nature Conservation and Roads: advice in relation to otters (2001), by A Grogan, C Philcox and D Macdonald (http://www.dft.gov.uk/ha/standards/dmrb/vol10/section4/ha8199.pdf). We are broadly satisfied with the mitigation measures outlined for nationally protected species. We note that during the construction phase, this will consist of a mix of habitat manipulation, and physical translocation of reptiles to a receptor site to avoid harm to these species. We suggest that it would have been helpful to have provided a plan showing the proposed areas of habitat enhancement. We recognise that Network Rail have identified a suitable receptor site (Bramford Meadows Local Nature Reserve), and that on-site enhancement of habitat would also occur. We would urge the Infrastructure Planning Commission to note that public bodies have many and varied responsibilities and duties on biodiversity matters, including as owners of land designated as Sites of Special Scientific Interest (SSSI) (i.e. as section 28G bodies), and in respect of European protected species and habitats. Under section 40(1) of the Natural Environment & Rural Communities Act 2006 a duty is placed on public authorities, including local planning authorities, to have regard to biodiversity in exercising their functions. Please note that if planning permission is granted, the applicants should be informed that this does not absolve them from complying with the relevant law protecting species, including obtaining and complying with the terms and conditions of any licences required, as described in Part IV B of Circular 06/2005. If the application is amended with additional information, Natural England should be re-consulted for a further 21 days. Please forward a copy of the decision notice to us at the above address."