( THE M4 CORRIDOR AROUND NEWPORT )

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1 PUBLIC INQUIRY IN THE MATTER OF THE HIGHWAYS ACT 1980 AND THE ACQUISITION OF LAND ACT 1981 AND IN THE MATTER OF: THE M4 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) TO WEST OF JUNCTION 29 (CASTLETON) AND CONNECTING ROADS) AND THE M48 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) CONNECTING ROAD) AND THE LONDON TO FISHGUARD TRUNK ROAD (EAST OF MAGOR TO CASTLETON)) COMPULSORY PURCHASE ORDER and- THE M4 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) TO WEST OF JUNCTION 29 (CASTLETON) AND CONNECTING ROADS) AND THE M48 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) CONNECTING ROAD) SCHEME and- THE M4 MOTORWAY (WEST OF MAGOR TO EAST OF CASTLETON) AND THE A48 (M) MOTORWAY (WEST OF CASTLETON TO ST MELLONS) (VARIATION OF VARIOUS SCHEMES) SCHEME and- THE LONDON TO FISHGUARD TRUNK ROAD (EAST OF MAGOR TO CASTLETON) ORDER and- THE M4 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) TO WEST OF JUNCTION 29 (CASTLETON) AND CONNECTING ROADS) AND THE M48 MOTORWAY (JUNCTION 23 (EAST OF MAGOR) CONNECTING ROAD) AND THE LONDON TO FISHGUARD TRUNK ROAD (EAST OF MAGOR TO CASTLETON) (SIDE ROADS) ORDER 201- ( THE M4 CORRIDOR AROUND NEWPORT ) SUMMARY PROOF OF EVIDENCE ON THE GWENT LEVELS SITES OF SPECIAL SCIENTIFIC INTEREST OF JESSICA POOLE ON BEHALF OF THE NATURAL RESOURCES BODY FOR WALES

2 Contents 1. Introduction 2. Relevant Background 3. Site Context 4. Issues 5. Proposed Mitigation 6. Alternatives 7. Conclusion 8. Summary Proof 9. References 10. Appendices Page 2 of 11

3 1. Introduction 1.1. I am Jessica Ruth Laura Poole and I have worked for NRW and one of its predecessor bodies, CCW for 20 years. During this period I have provided advice in relation to SSSIs, including since 2003, in relation to the Gwent Levels SSSIs. I also have experience of advising on large infrastructure projects and proposals including the Felindre to Tirley gas pipeline and the Severn Tidal Power feasibility study I hold a BSC (Hons) Degree in Environmental Biology from the University of Liverpool and an MSC in Conservation from University College London. 2. Relevant Background 2.1. Sites of Special Scientific Interest ( SSSIs ) are the most important sites for Wales Natural Heritage. Collectively they form a national series which helps to conserve and protect the best wildlife, geological and physiographical heritage for the benefit of present and future generations SSSIs are notified and protected under Section 28 of the Wildlife and Countryside Act 1981 as amended ( the 1981 Act ). Section 28G of the 1981 Act places a duty on Competent Authorities to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the features for which the site is of special interest Selection of SSSIs is guided by Guidelines for the Selection of Biological SSSIs, published by the Joint Nature Conservation Council (JNCC) In Wales, the protection and enhancement of SSSIs in translated into planning policy through Planning Policy Wales (PPW) and its supporting Technical Advice Note 5 (TAN 5) on Nature Conservation and Planning Further protection comes from Section 6 of the Environment (Wales) Act 2016 which places a biodiversity and resilience duty on public authorities exercising functions in Wales. 3. Site Context Page 3 of 11

4 3.1. The area known as the Gwent Levels has been gradually reclaimed from the sea since Roman times, and today represents the largest area of coastal and inland floodplain grazing marsh (wet pasture) in Wales, of which 5856 hectares are designated as SSSI Traditional field drainage is by ridge and furrow grips which drain to ditches surrounding each field. Field ditches connect to larger ditches known as reens which in turn link to larger reens (main rivers) which convey water to the Severn Estuary via tidal flaps. NRW, as the Internal Drainage District has responsibility for water level management. A high Summer Penning Level (SPL) enables water to be held back from draining into the Severn Estuary. During the winter water levels are lowered to a Winter Penning Level to increase flood storage capacity The drainage network (including reens and field ditches) are subject to varying periodic management to desilt and manage vegetation growth to retain its water conveyancing capacity A wide range of aquatic and wetland plants and invertebrates have been able to take advantage of these specific environmental conditions. This biological interest was recognised as important and led to the notification of 8 SSSIs across the Gwent Levels between 1982 and 2010, as shown on the following map: Page 4 of 11

5 3.5. Four SSSIs would be directly affected by the construction and operation of the M4 CaN scheme: Gwent Levels: St Brides SSSI; Gwent Levels: Nash & Goldcliff SSSI; Gwent Levels: Whitson SSSI; and, Gwent Levels Redwick & Llandevenny SSSI The following four SSSIs could be indirectly affected: Gwent Levels: Rumney & Peterstone SSSI; Gwent Levels: Magor & Undy SSSI; Magor Marsh SSSI; and, Newport Wetlands SSSI. Page 5 of 11

6 3.7. Across this suite of Gwent Levels SSSIs, qualifying features likely to be affected by the proposal are categorised as: Reen and ditch habitat; Plant Species, individually qualifying and as an assemblage; Insects and Other Invertebrates, individually qualifying and as an assemblage; and, Shrill carder bee With the exception of shrill carder bee, the other features are dependent on: Appropriate water quality; Appropriate water quantity; Connectivity and diversity of the drainage network; and, Appropriate management. 4. Issues 4.1. NRW considers that the proposed M4 CaN scheme would place at risk the features for which the suite of Gwent Levels SSSIs were designated. In particular NRW has concerns due to the extent of loss of SSSI, impacts on both water quality and water quantity during the construction and operational phases, concerns about connectivity and design of the proposed replacement reen and ditch network and security of long-term appropriate management. Water quality issues are considered further in the Proof of Evidence of Dr Tristan Hatton Ellis Loss of Extent The scheme would lead to the loss of hectares of SSSI across four Gwent Levels SSSIs: St Brides, Nash & Goldcliff, Whitson and Redwick & Llandevenny. Part of this loss (NRW estimates 12 hectares) is due to the proposed Glan Llyn Junction. Page 6 of 11

7 Existing developments within the Gwent Levels have led to losses of SSSI area, set out in detail in the table below in the Proof of Evidence. Development pressure has not been uniform; the most significantly affected have been Gwent Levels: Rumney & Peterstone and Gwent Levels: Redwick & Llandevenny As well as loss of SSSI area, the scheme would also lead to the loss of lengths of the Gwent Levels SSSI drainage network, including 2,755m of reen and 9,373m of field ditch At the time of notification, the Countryside Council for Wales considered that reens and ditches could be recreated to successfully mitigate for losses due to development. Experience, gained over 25 years has now shown that it is difficult to replicate the complex drainage system with its niche habitats, even at a small scale. Appendix 1 to this Proof of Evidence presents photographs and commentary, in support of this view Water Quantity To retain existing environmental conditions, run-off from the scheme should drain to the Gwent Levels SSSI drainage network at the equivalent of greenfield run-off rate Sufficient water, equivalent of current quantities, should be discharged into the Gwent Levels SSSI drainage network Design and Connectivity of the drainage system The existing Gwent Levels drainage network is varied in it physical form. These variations increase habitat diversity and contribute to the rich diversity of the features of interest of the SSSIs. This connectivity provides resilience to changing environmental conditions including natural habitat succession and enables the features of interest to recolonise areas following management operations Appropriate Management Page 7 of 11

8 A staggered pattern of management helps to support the full range of SSSI features as the full range of habitat succession will exist at any one time, from open water to mature wetland habitat. Broadly similar management practices will need to continue both during the construction and operational phases of the scheme. 5. Proposed Mitigation 5.1. The requirement to mitigate adverse effects on the Gwent Levels SSSIs is recognised throughout the ES. NRW considers that there are instances where the mitigation is either inadequate or it has been insufficiently demonstrated that adverse effects on the Gwent Levels SSSIs can be fully mitigated during both the construction and operational phase Extent of Loss: Reen and ditches NRW accepts the principle of replacing Gwent Levels SSSI drainage network on a 1:1 length ratio and consider that across the scheme this has been achieved. This principle has not been carried through to a SSSI basis, with respect to reen replacement, but has with respect to field ditch replacement Extent of loss Grazing Marsh Three areas of land are considered as part of the SSSI mitigation strategy. Two areas, Tatton Farm and Maerdy Farm fall within the Gwent Levels SSSIs, Caldicot Moor is not designated. NRW accept in principle, that works within the Gwent Levels SSSIs could be regarded as making a contribution to mitigating the loss of SSSI grazing marsh, in particular proposals which sought to restore current arable land use to grazing marsh Remaining areas of concern for NRW include lack of a commitment to undertake habitat creation works in advance of the start of scheme construction, lack of commitment to secure and finance appropriate ongoing management in perpetuity and lack of certainty that water levels can be managed to support the restoration of grazing marsh at Caldicot Moor Water Quantity Page 8 of 11

9 NRW is satisfied that a greenfield run-off rate can be achieved during both the construction and operational phase No contingency plans have been tabled should it not be possible to discharge treated road drainage to the Gwent Levels SSSI network. In this situation, additional sources of appropriate water quality would be required Design and Connectivity of the drainage system Over 10km of replacement drainage network has been designed, with single reen and field ditch dimensions proposed NRW consider that the replacement reens should be designed and constructed to include variation in width and depth to better replicate the range of diversity of reen and field ditch losses, which provides the habitats diversity necessary to support the range of Gwent Levels SSSI features The scheduling and timing of new reen and ditch creation is important. NRW recommends autumn or winter, alongside connected coexistence of existing and replacement channels for as long as possible NRW s experience of providing advice to other developments, has shown how difficult it is to replicate the complex drainage system with its niche habitats..examples are detailed in Appendix 1 to the Proof of Evidence This view is supported by work led by the JNCC, on habitat translocation, which states that translocation of habitats cannot reproduce the essential environmental conditions and the ecological processes, for example, migration, grazing and predation, which determine the composition of the original plant and animal communities Appropriate Management NRW considers that certainty of future management, and funding arrangements in perpetuity are required for both the replacement drainage network and the SSSI mitigation areas. 6. Alternatives Page 9 of 11

10 6.1. In the absence of an equivalent level of design and environmental assessment to WG s scheme proposal NRW is unable to comment fully with respect to likely effects on SSSIs. However, the scale of construction and permanent footprint of the road within the Gwent Levels suite of SSSIs would be significantly reduced compared to WG s proposed scheme. 7. Conclusions 7.1. NRW considers the scale of permanent loss of SSSI in the Gwent Levels under the scheme would be unacceptable. Furthermore, it has not been demonstrated that the mitigation proposals put forward are capable of providing the mitigation required to justify the scale of loss if the scheme, as published, were to proceed Experience, as NRW and previously CCW, of advising on development proposals across the Gwent Levels over a 25 year period, and observing the outcomes, has demonstrated that, where the creation of new reens or ditches is required, it is challenging to recreate the conditions required to support the SSSI features, even at relatively small scale. NRW is not confident that this scheme could deliver reen and ditch habitat recreation which can support the full range of qualifying SSSI features NRW considers that evidence has yet to be provided to demonstrate that water of appropriate quantity can be discharged to the SSSI drainage network from the scheme during both the construction and operational phase NRW has not been assured that long-term, appropriate, management of both the replacement drainage network and SSSI mitigation land has been secured, and financed, in perpetuity NRW considers that, in the context of the Gwent Levels SSSIs, it has not been demonstrated that the proposals under the M4 CaN scheme would be in accordance with the statutory duty under section 28G of the 1981 Act and / or the biodiversity and ecosystem resilience duty under section 6 of the 2016 Act. Page 10 of 11

11 7.6. For the reasons set out above, as regards section 7 of the 2016 Act, NRW considers that the evidence presented does not demonstrate that the proposals under the M4 CaN scheme would constitute the taking of reasonable steps to maintain and enhance listed species (organisms) and habitats in the Gwent Levels SSSIs Further, considering the scale of permanent loss of SSSI in the Gwent Levels, identified adverse impacts on the Gwent Levels SSSIs and concerns as to the prospects of success of proposed mitigation measures, NRW considers that the Welsh Government has not demonstrated that the M4 CaN scheme would constitute sustainable development within the context of the Welsh Minsiters well-being duty under the 2015 Act. DECLARATION I confirm that the facts and matters referred to in this summary proof of evidence are true to the best of my knowledge and belief. The opinions I have expressed represent my true and complete professional opinions on the matters to which they refer. Signed: Dated: 7 February 2017 Page 11 of 11