Common use of Ecology Clause in Contracts

Ecology. Table 4.8 – Ecology Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position 4.8.1 ES Study Area and Methodology The ES Study Area and Methodology are set out in Sections 8.4 and 8.5 of Chapter 8 (Ecology) of the Environmental Statement (ES) (document reference APP-044). The Applicant considers the methodology described therein remains appropriate. The Authorities are satisfied that the DCO application includes an adequate ecological impact assessment and biodiversity net gain assessment. Agreed 4.8.2 ES Baseline The scope of surveys and their results are summarised in Sections 8.5, 8.6, and 8.7 of Chapter 8 (Ecology) of the Environmental Statement (ES) (document reference APP-044). Further details are provided in the supporting survey information set out in Appendices 8.1 to 8.13 (document references APP- 136 to APP-148). Other sources of data utilised are set out in Chapter 6 (Air Quality), Chapter 7 (Noise and Vibration) and Chapter 12 (Water Environment) of the ES (document reference APP-044). The Applicant considers that the scope of ecological surveys, including use of survey data gathered for the Drax Repower scheme, is commensurate with the scale and scope of the Proposed Scheme. The Authorities are satisfied with the scope of ecological survey undertaken to inform the ES and HRA and that alongside the use of existing data sources set out in the ES, that the characterisation of the ecological baseline is sufficient. Agreed 4.8.3 Habitats Regulation Assessment The Applicant has produced a Habitats Regulations Assessment (HRA) Report, which sets out the Applicants assessment of potential The Authorities agree with the scope of sites that have been screened into the Habitats Regulations Assessment Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position effects on European Sites (document reference 6.8.1). As set out in the HRA Report, the Applicant has concluded that the Proposed Scheme would not lead to adverse effects on the integrity of any European Site, subject to the securing of the mitigation measures identified in the HRA Report. documentation; and that the Habitats Regulations Assessment undertaken is sufficient. To date no agreement with the conclusions of the HRA have been made by NYCC or SDC. NYCC would defer to Natural England for their expert opinion on the findings of the HRA. 4.8.4 Predicted Impacts The Applicant has set out their assessment of impacts on ecological receptors in Sections 8.9 to 8.13 of Chapter 8 (Ecology) of the ES (document reference APP-044). The Authorities are in agreement with the Applicant on this matter. Agreed 4.8.5 Design, Mitigation and Enhancement Measures Primary design measures (i.e. embedded measures) are set out in Chapter 2 (Site and Project Description, document reference APP-038) of the ES. Ecological mitigation and enhancement measures are set out in Section 8.10 of Chapter 8 (Ecology, document reference APP-044) of the ES and At present the BNG off site agreement for riverine units is still in discussion. The principal of the off-site preferred option was agreed, but there is still a need for Drax to understand the final assessment and secure with the Rivers Trust through a legal agreement. Ongoing discussion Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position are secured as set out in the REAC (APP-179). In addition, the Applicant has completed a Biodiversity Net Gain Assessment (document reference 6.5) and is seeking to deliver 10% BNG for all habitats affected by the Proposed Scheme. The Applicant has undertaken additional work to refine the extent of habitat loss required to facilitate construction and also to confirm the habitats that may be reinstated post-construction, and expects to submit an updated BNG assessment into the Examination that demonstrates 10% BNG can be achieved for area-based and linear (hedgerow) habitats). A Rivers Trust within the Humber River Basin is delivering a project which has the potential to provide the number of river units required to meet the 10% BNG targets for the Proposed Development. The applicant is currently working with Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position this stakeholder and consulting with Natural England to agree if this option satisfies the trading rules of the metric for the delivery of offsite enhancement. If this is agreed, its provision would be secured through the section 106 Agreement anticipated to be agreed with the local planning authority. Further information on this proposal will also be provided to the Environment Agency. 4.8.6 Cumulative effects The ecological assessment of cumulative effects is presented in the Cumulative Assessment Matrix at Appendix 18.5 of the ES (document reference APP-177). With the application of mitigation from the Proposed Scheme and the other developments assessed, significant residual effects are predicted in relation to Development 6 (▇▇▇▇▇▇ Mound) during Construction. Cumulative effects are predicted to be non-significant for all other The Authorities agree the Applicant’s approach to cumulative assessment. Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position developments, and to be non- significant for all developments during the Operation phase. 4.8.7 Residual Effects The Applicants assessment of residual effects is set out Section 8.11 of Chapter 8 (Ecology) of the ES (document reference APP-044). Significant residual effects during the construction phase are identified for habitats, bats, breeding and wintering birds, terrestrial invertebrates, and vascular plants. With the application of mitigation where required, no significant residual effects are predicted during the Operation phase. The Authorities agree with the Applicant’s conclusions. Agreed 4.8.8 Relevant dDCO Requirements/Articles Schedule 2 of The dDCO (document reference APP-013) includes Requirements that secure mitigation and enhancement measures for ecological receptors. Relevant Requirements include: In their Relevant Representation responding to the Proposed Scheme’s DCO application, NYCC have stated that the Authority is satisfied that the DCO application includes an adequate ecological impact Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position • Requirement 7 - Provision of landscape and biodiversity mitigation and enhancement; • Requirement 8 – External lighting during operation; • Requirement 14 – Construction environmental management plan; • Requirement 17 – Control of noise during operation; and • Requirement 18 – Decommissioning environmental management plan; The Applicant considers that the identified Requirements secure the embedded measures that form an integral part of the Proposed Scheme, adequately secure the ecological mitigation and enhancement measures identified in Chapter 8 (Ecology) of the Environmental Statement (document reference APP-044). assessment and biodiversity net gain assessment.

Ecology. Table 4.8 4.9 – Ecology Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position 4.8.1 4.9.1 ES Study Area and Methodology The ES Study Area and Methodology are set out in Sections 8.4 and 8.5 of Chapter 8 (Ecology) of the Environmental Statement (ES) (document reference APP-044). The Applicant considers the methodology described therein remains appropriate. The Authorities are satisfied that the DCO application includes an adequate ecological impact assessment and biodiversity net gain assessment. Agreed 4.8.2 4.9.2 ES Baseline The scope of surveys and their results are summarised in Sections The Authorities are satisfied with the scope of ecological Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position 8.5, 8.6, and 8.7 of Chapter 8 (Ecology) of the Environmental Statement (ES) (document reference APP-044). Further details are provided in the supporting survey information set out in Appendices 8.1 to 8.13 (document references APP- 136 APP-136 to APP-148). Other sources of data utilised are set out in Chapter 6 (Air Quality), Chapter 7 (Noise and Vibration) and Chapter 12 (Water Environment) of the ES (document reference APP-044). The Applicant considers that the scope of ecological surveys, including use of survey data gathered for the Drax Repower scheme, is commensurate with the scale and scope of the Proposed Scheme. The Authorities are satisfied with the scope of ecological survey undertaken to inform the ES and HRA and that alongside the use of existing data sources set out in the ES, that the characterisation of the ecological baseline is sufficient. Agreed. 4.8.3 4.9.3 Habitats Regulation Assessment The Applicant has produced a Habitats Regulations Assessment (HRA) Report, which sets out the Applicants assessment of potential effects on European Sites (6.8.1). As set out in the HRA Report, the Applicant has concluded that the The Authorities agree with the scope of sites that have been screened into the Habitats Regulations Assessment documentation; and that the Habitats Regulations Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position effects on European Sites (document reference 6.8.1). As set out in the HRA Report, the Applicant has concluded that the Proposed Scheme would not lead to adverse effects on the integrity of any European Site, subject to the securing of the mitigation measures identified in the HRA Report. documentation; and that the Habitats Regulations Assessment undertaken is sufficient. To date no agreement with the conclusions of the HRA have been made by NYCC or SDC. NYCC would defer to Natural England for their expert opinion on the findings of the HRA. 4.8.4 4.9.4 Predicted Impacts The Applicant has set out their assessment of impacts on ecological receptors in Sections 8.9 to 8.13 of Chapter 8 (Ecology) of the ES (document reference APP-044APP- 044). The Authorities are in agreement with the Applicant on this matter. Agreed 4.8.5 4.9.5 Design, Mitigation and Enhancement Measures Primary design measures (i.e. embedded measures) are set out in Chapter 2 (Site and Project Description, document reference APP-038) of the ESES (APP-038). Ecological mitigation and enhancement measures are set out in Section 8.10 of Chapter 8 (Ecology, document reference APP-044) of the ES (APP-044) and are secured as set out in the REAC (REP2-053). At present the BNG off site agreement for riverine units is still in discussion. The principal of the off-site preferred option was agreed, but there is still a need for Drax to understand the final assessment and secure with the Rivers Trust through a legal agreement. S106 discussions have advanced and the principle of Ongoing discussion Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position are secured as set out in the REAC (APP-179). In addition, the Applicant has completed a Biodiversity Net Gain Assessment (document reference 6.5APP-196) and is seeking to deliver 10% BNG for all habitats affected by the Proposed Scheme. The Applicant has undertaken additional work to refine the extent of habitat loss required to facilitate construction and also to confirm the habitats that may be reinstated post-construction, and expects to will submit an updated BNG assessment into the Examination at Deadline 3 (APP-196, Rev02 being submitted at Deadline 3). This will demonstrate that demonstrates 10% BNG can be achieved for area-based and based, linear (hedgerow) and river habitats). A The Colne and Calder Rivers Trust (CCRT) within the Humber River Basin is delivering a project which has the potential to provide the number of river units required to meet the 10% BNG targets for the Proposed DevelopmentScheme. The applicant Applicant is currently working with CCRT and including the third party Rivers Trust has been agreed. Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position this stakeholder and consulting with Natural England and the Environment Agency to agree if this option satisfies the trading rules of the metric for the delivery of offsite enhancement. If this is agreed, its provision would be secured through the section 106 Agreement anticipated to be agreed with the local planning authority. Further information on this proposal will also be provided to the Environment Agency. 4.8.6 4.9.6 Cumulative effects The ecological assessment of cumulative effects is presented in the Cumulative Assessment Matrix at Appendix 18.5 of the ES (document reference APP-177). With the application of mitigation from the Proposed Scheme and the other developments assessed, significant residual effects are predicted in relation to Development 6 (▇▇▇▇▇▇ Mound) during Construction. Cumulative effects are predicted to be non-significant for all other The Authorities agree the Applicant’s approach to cumulative assessment. Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position developments, and to be non- significant for all developments during the Operation phase.. The Authorities agree the Applicant’s approach to cumulative assessment. Agreed 4.8.7 4.9.7 Residual Effects The Applicants assessment of residual effects is set out Section 8.11 of Chapter 8 (Ecology) of the ES (document reference APP-044). Significant residual effects during the construction phase are identified for habitats, bats, breeding and wintering birds, terrestrial invertebrates, and vascular plants. With the application of mitigation where required, no significant residual effects are predicted during the Operation phase. The Authorities agree with the Applicant’s conclusions. Agreed 4.8.8 4.9.8 Relevant dDCO Requirements/Articles Schedule 2 of The the dDCO (document reference APP-013REP2-007) includes Requirements that secure mitigation and enhancement measures for ecological receptors. Relevant Requirements include: • Requirement 7 - Provision of landscape and biodiversity mitigation and enhancement; • Requirement 8 – External lighting during operation; In their Relevant Representation responding to the Proposed Scheme’s DCO application, NYCC have stated that the Authority is satisfied that the DCO application includes an adequate ecological impact assessment and biodiversity net gain assessment. Agreed Ref Description of Matter Applicant – Current Position SDC and NYCC – Current Position Position • Requirement 7 - Provision of landscape and biodiversity mitigation and enhancement; • Requirement 8 – External lighting during operation; • Requirement 14 – Construction environmental management plan; • Requirement 17 – Control of noise during operation; and • Requirement 18 – Decommissioning environmental management plan; The Applicant considers that the identified Requirements secure the embedded measures that form an integral part of the Proposed Scheme, adequately secure the ecological mitigation and enhancement measures identified in Chapter 8 (Ecology) of the Environmental Statement ES (document reference APP-044APP- 044). assessment and biodiversity net gain assessment.