LATE SCOPING CONSULTATION RESPONSES

Consultation bodies have 28 days to respond with any comments, stating either the information that they consider should be included in the ES or that they do not have any comments. Any responses received after the deadline are not considered within the scoping opinion but are forwarded to the applicant for consideration in accordance with the policy set out in Advice Note 7: Environmental Impact Assessment, Screening and Scoping. The following EIA scoping consultation responses were received after the consultation deadline specified under legislation and therefore did not form part of the Secretary of State's scoping opinion. Date: 3 September 2014

From: Ian Rutherford [mailto:Ian.Rutherford@southtyneside.gov.uk] Sent: 10 September 2014 10:35 To: Richard Kent Cc: Subject: TR010020 - A19 Testos Junction Improvement - EIA Scoping Notification and Consultation [NOT PROTECTIVELY MARKED]

This email has been classified as: NOT PROTECTIVELY MARKED

Hello Richard I refer to your consultation to the local planning authority concerning this proposed development. Thank you for that and apologies for you having to chase our response. This matter has been passed to me to reply. I would advise that we are happy with the scope of the EIA in terms of the issues covered. I have had no additional comments other than those set out below: Noise and air quality The location of the works are relatively remote from sensitive receptors though I believe the applicant has identified those that do exist. The local authority has no specific data that indicates adverse conditions presently in the vicinity of Testos but you should be aware that the Lindisfarne A19 junction to the north is centred within an Air quality Management Area declared in relation to the annual mean NO2 air quality objective. The council is anxious to ensure that development at Testos will not significantly impact upon the wider network without mitigation measures. You may be aware that traffic flows through the New Tyne Crossing have increased significantly since its opening. In terms of construction impacts the proposed are of works are again distant from residential property other than two farms. The council is keen to see some protection offered to these residential units given that site works may be undertaken during night and evening periods. BS5228 (Noise from construction sites) is an acceptable starting point for assessments but significant noise sources and any piling methodology need to be selected with care and operated during reasonable time periods. Averaging times for any noise limits should be representative of site works and I do not favour a 12hr LAeq which is too lax a criteria Section 10. Geology and Soils The report identifies that the baseline conditions for the site were derived from a Ground Investigation undertaken in 2007 and, in line with the conclusions of that report, no further assessment of site conditions is required. It has been identified in the submitted report that the baseline information would be reviewed, particularly enquiries made to Local Authorities and other relevant bodies. As the detail of the 2007 Ground Investigation is not included, I cannot comment on the appropriateness of the proposed baseline at this time, I would suggest that this should be detailed within the Environmental Statement. I would advise that the requirements of CLR11, as published by the Environment Agency, are followed when considering land contamination issues. The report identifies a proposed assessment of impacts which seems relevant at this stage. I would suggest, that in accordance with CLR11, that a Conceptual Site Model should be devised for the development which will assist in the assessment of impacts of the new development. Particular attention should be paid to those areas where soft landscaping or public open spaces are to be

utilised. The proposed mitigation measures are high level at this stage and should be re-evaluated in due course. I note that material may be brought on site from another associated development, I would advise that appropriate chemical testing of this material shall be undertaken to identify this is suitable for use or, where relevant, ensure appropriate measures are in place to facilitate this. Assessment shall also be given to the temporary storage and working areas to ensure their condition does not deteriorate as part of the works. Section 15. Road Drainage and the Water Environment The applicant advises that a Flood Risk Assessment will be conducted for the site, I would advise that the applicant shall also consider the Surface Water Management Plan produced by South Tyneside Council when conducting this assessment. This document is not listed in those to be consulted. It is proposed that any drainage from the development would ultimately discharge into the adjacent River Don, the river is main river at the suggested discharge point and therefore the Environment Agency would be the responsible authority. Should any proposed development impact any of the adjacent ordinary watercourses (for example, discharge from attenuation ponds) further consent may be required from South Tyneside Council, as the Lead Local Flood Authority. Should this be the case early consultation would be recommended. Any development shall not increase the down stream flood risk within the catchment, South Tyneside Council have investigated a small number of on-going flood risk issues downstream of the proposed development both on the River Don and Calf Close burn catchments, these should not be adversely affected by the development, further details can be provided on request should this be required. Ian Rutherford Principal EHO Environmental Health Development Services South Tyneside Council NE33 2RL Tel 0191 4247956 Fax 0191 4247930

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The Planning Inspectorate Temple Quay House Temple Quay Bristol BS1 6PN

Our ref: NA/2014/111315/01-L01 Your ref: TR010020_2610004 Date: 19 September 2014

Dear Sir/Madam PLANNING ACT 2008 (AS AMENDED) AND THE INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2009 (AS AMENDED) – REGULATIONS 8 AND 9 APPLICATION BY THE HIGHWAYS AGENCY FOR AN ORDER GRANTING DEVELOPMENT CONSENT FOR THE A19 / A184 TESTOS JUNCTION IMPROVEMENT SCHEME SCOPING CONSULTATION AND NOTIFICATION OF THE APPLICANT’S CONTACT DETAILS A19 / A184 TESTOS JUNCTION IMPROVEMENT SCHEME Thank you for your consultation on the above development. I apologise for the delay in replying, and trust that our comments, as set out below, will still be taken into consideration. We are of the general view that the EIA Scoping report has comprehensively considered the potential environmental impacts of the scheme and appears to follow good practice guidance for undertaking EIA. We would however wish the applicant to consider the additional matters raised below within the forthcoming EIA. Chapter 15 Road Drainage and the Water Environment We support the proposals to undertake a Water Framework Directive (WFD) appraisal to assess the impact of the scheme. 15.2.3 notes that the River Don is classified as being of ‘good’ ecological potential. The 2013 WFD classification for the River Don is now poor, which is because of ecological and chemical elements. The study should take into account the Water Framework Directive in terms of the potential to improve ecological and chemical status of the Don within the study area. The assessment should identify at the earliest stage possible any proposed aspects of the development

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likely to have significant impacts on water bodies. This could be part of the Environmental Impact Assessment, and could include:

Preliminary Assessment of need for WFD assessment

Design measures to meet WFD requirements (if required)

Detailed assessment of WFD compliance (if required)

A justification for physical modifications that cause deterioration or prevent achievement of water body ecological objectives (Article 4.7) (if required)

Proposed Mitigation (if required) Flood risk It is noted within 15.3.3 of the Report that a Flood Risk Assessment (FRA) will be undertaken that will consider surface water runoff from the site including climate change. 15.8.1 outlines that drainage will be intercepted via ponds. We welcome tese proposals given the WFD pressures of the River Don. In addition there are communities at flood risk downstream of the site. We would recommend consideration is given to the potential to undertake additional attenuation to have a positive flood risk reduction. We welcome that the FRA will be undertaken in liaison with the Environment Agency. Chapter 16 Cumulative Effects Chapter 16 notes the EIA will consider the potential traffic impacts of the proposed International Advance Manufacturing Park (IAMP). We would recommend that in addition to traffic impacts, the potential flood risk and ecology impacts and enhancements should be considered as part of the assessment. In addition to the IAMP development, Gateshead Council are proposing a strategic employment allocation to the west of the development called Land to the South of Follingsby Lane. This allocation forms an extension to the existing Follingsby Park development. The southern edge of the site is bordered by the River Don and is within the Follingsby / River Don Wildlife Corridor. We would recommend that the potential flood risk and ecology impacts and enhancements in combination with this site should be considered as part of the assessment. General Regulatory Requirements Under the Water Resources Act 1991 and the Land Drainage byelaws any structures or works carried out in, over, under or within 5 metres of the top of a “Main River” bank may require written consent from the Environment Agency. Under the terms of the Land Drainage Act 1991, the prior written consent of the Local Authority is required for any proposal to divert, culvert or otherwise obstruct the flow in any watercourse (including the provision of a connection to a culvert). This is a separate and additional requirement to planning permission. Under the Environmental Permitting Regulations 2010 any proposals to deposit, treat, store or dispose of any waste material may require an Environmental Permit or specific Exemption obtained from the Environment Agency.

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Under the E.C. Habitat Directive any Environmental Impact Assessment should seek to address the requirements of the 1994 Habitat Regulations. We would advise you contact Natural England for further information. Should you or the applicant require any further clarification on the matters raised above, or wish to engage with us directly with regards to other aspects of this development, please don’t hesitate to contact me using my details provided below. Yours faithfully Cameron Sked Technical Specialist - Sustainable Places Team Direct dial 01912034295 Direct fax 01912034004 Direct e-mail cameron.sked@environment-agency.gov.uk cc Highways Agency