DATED [ENTER DATE] ------------ BETWEEN WAKEFIELD ... · section 111 of the Local Government Act...

DATED [ENTER DATE]

------------

PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING

ACT 1990 RELATING TO FERRYBRIDGE MULTIFUEL 2, KNOTTINGLEY, WEST YORKSHIRE

BETWEEN

WAKEFIELD METROPOLITAN DISTRICT COUNCIL

AND

FERRYBRIDGE MFE 2 LIMITED

AND

SSE GENERATION LIMITED

1

THIS DEED is dated [ENTER DATE]

(1) WAKEFIELD METROPOLITAN DISTRICT COUNCIL of Town Hall Wood Street Wakefield

WF1 2HQ (Council).

(2) FERRYBRIDGE MFE 2 LIMITED incorporated and registered in England and Wales with

company number 09685158 whose registered office is at No 1 Forbury Place 43 Forbury Road

Reading Berkshire RG1 3JH (FM2).

(3) SSE GENERATION LIMITED incorporated and registered in England and Wales with

company number 02310571 whose registered office is at No 1 Forbury Place 43 Forbury Road

Reading Berkshire RG1 3JH (SSEG).

RECITALS

(A) The Council is the local planning authority for the area in which the FM2 Site is situated and is

the enforcing authority for the purposes of section 106 of the 1990 Act.

(B) FM2 were granted development consent in respect of the Project by the Secretary of State on 28

October 2015.

(C) The Order includes a commitment to provide an area of landscaping and biodiversity

enhancement on the Approved Area. On [ENTER DATE] FM2 submitted an application to the

Secretary of State pursuant to paragraph 2 (4) of Schedule 6 to the 2008 Act requesting consent

to change the Order by substituting the Approved Area with the Replacement Area.

(D) SSEG is the registered proprietor of the Replacement Area with absolute freehold title under

title number WYK771052 and is to enter into this Agreement in respect of its interest in the

Replacement Area.

(E) The parties to this Deed have agreed to enter into this Deed in order to deliver landscape and

biodiversity enhancement in relation to the Replacement Area.

NOW THIS DEED WITNESSES as follows:-

AGREED TERMS

1. INTERPRETATION

The following definitions and rules of interpretation apply in this Deed:

1.1 Definitions:

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“1990 Act” means the Town and Country Planning Act 1990;

“2008 Act means the Planning Act 2008;

“Agreement” means this agreement under section 106 of the 1990 Act;

“Approved Area” means the area of land lying to the north of the FM2 Site proposed

for the implementation of the landscaping and biodiversity

enhancement obligations under the Order;

“Change Application” means the application for a non material change in relation to the

Order as more particularly detailed in Recital C;

“Commissioning” means the process of testing all systems and components of the

Project (including systems and components which are not yet

installed but the installation of which is near to completion), in order

to verify that they function in accordance with the design objectives,

specifications and operational requirements of FM2; and

“commission” and other cognate expressions, in relation to the

Project, are to be construed accordingly;

“Order” means the Ferrybridge Multifuel 2 Power Station Order 2015 (S.I

2015/1832) as corrected by the Ferrybridge Multifuel 2 Power

Station (Correction) Order 2016 (SI 2016/737);

“Environmental Statement” means the Environmental Statement that accompanied the original

application for development consent;

“FM2 Amendment Order” means the Ferrybridge Multifuel 2 Power Station (Amendment)

Order 2018 to be made pursuant to the Change Application;

“FM2 Site” means the Order Limits (as defined within the Order) and being land

at and adjacent to the Ferrybridge Power Station site, north west of

Knottingley, West Yorkshire;

“Plan” means the plan annexed hereto.

“Project” means the “authorised development” as defined within the Order;

“Replacement Area” means the proposed landscaping and biodiversity enhancement land

shown edged in red on the Plan;

“Revised Biodiversity means the Revised Biodiversity Strategy attached at Annex 1;

3

Strategy”

“Revised Indicative

Landscaping Plan”

means the Revised Indicative Landscaping Plan attached at Annex 2;

“Revised Landscape Strategy” means the Revised Landscape Strategy attached at Annex 3;

“Working Day” means any day which is not a Saturday, a Sunday, a bank holiday or a

public holiday in England.

1.2 Clause headings shall not affect the interpretation of this Deed.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having

separate legal personality).

1.4 A reference to a company shall include any company, corporation or other body corporate,

wherever and however incorporated or established.

1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the

plural shall include the singular.

1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the

other genders.

1.7 A reference to any party shall include that party's personal representatives, successors and

permitted assigns and in the case of the Council the successors to its respective statutory

functions.

1.8 Unless the context otherwise requires, a reference to a statute or statutory provision is a

reference to it as amended, extended or re-enacted from time to time.

1.9 Unless the context otherwise requires, a reference to a statute or statutory provision shall

include any subordinate legislation made from time to time under that statute or statutory

provision.

1.10 A reference to writing or written includes fax but not e-mail.

1.11 A reference to this Deed or to any other Deed or document referred to in this Deed is a

reference to this Deed or such other Deed or document as varied or novated (in each case, other

than in breach of the provisions of this Deed) from time to time.

1.12 References to clauses and Schedules are to the clauses and Schedules of this Deed.

1.13 An obligation on a party not to do something includes an obligation not to allow that thing to be

done.

1.14 Any words following the terms including, include, in particular, for example or any similar

expression shall be construed as illustrative and shall not limit the sense of the words,

description, definition, phrase or term preceding those terms.

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2. STATUTORY PROVISIONS

2.1 This Deed constitutes a planning obligation for the purposes of section 106 of the 1990 Act,

section 111 of the Local Government Act 1972, section 1 of the Localism Act 2011 and any

other enabling powers.

2.2 The covenants contained in this Deed are development consent obligations for the purposes of

section 106 of the 1990 Act and are enforceable by the Council as the local planning authority

in respect of the FM2 Site.

3. CONDITIONALITY

3.1 Subject to clause 3.2, the parties agree that:-

(a) every clause apart from clause 4 shall have operative effect upon the date of this

Deed; and

(b) clause 4 shall not have operative effect unless and until the FM2 Amendment Order

has been made.

3.2 Where the FM2 Amendment Order becomes the subject of any judicial review proceedings

until such time as such proceedings including any appeal have been finally determined the

terms and provisions of this Deed will remain without operative effect unless the Project has

been Commissioned.

3.3 Where in this Deed reference is made to the final determination of judicial review proceedings

(or cognate expressions are used) the following provisions will apply;

(a) when permission to bring a claim for judicial review has been refused and no further application may be made;

(b) when the court has given judgement in the matter and the time for making an appeal expires without an approval having been made or permission to appeal is refused; or

(c) when any appeal is finally determined and no further appeal may be made.

4. COVENANTS TO THE COUNCIL

FM2 covenants with the Council to observe and perform the obligations contained in Schedule

1.

5. COVENANTS BY THE COUNCIL

5.1 This Deed shall be registered by the Council as a local land charge in the register of

local land charges.

5.2 The Council covenants with FM2 to observe and perform the obligations contained in

Schedule 2.

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6. CONSENT OF SSEG

6.1 Subject to clause 6.2, SSEG agrees to its interest in the Replacement Area being bound by the

development consent obligations contained in clause 4.

6.2 The parties agree that the development consent obligations contained in clause 4 are not

enforceable against SSEG or against any successor in title to or permitted assign or any person

claiming through or under its interest in the FM2 Site (save FM2) unless that person itself

undertakes any part of the Project.

7. RELEASE

SSEG and FM2 and their respective successors in title and those deriving title from them shall

upon disposing of their respective interests in the FM2 Site be released from all obligations

contained in this Deed in relation to that interest but without prejudice to the rights of the

parties in relation to any breach subsisting prior to parting with such interest.

8. DETERMINATION OF DEED

The obligations in this Deed (with the exception of clause 10) shall cease to have effect if

before Commissioning, the Order (as changed by the FM2 Amendment Order)

(a) expires;

(b) is varied or revoked other than at the request of FM2; or

(c) is quashed following a successful legal challenge.

9. REASONABLENESS

Any approval, consent, direction, authority, agreement or action to be given by the Council

under this Deed shall not be unreasonably withheld or delayed.

10. CANCELLATION OF ENTRIES

10.1 On the written request of FM2 at any time after each or all of the obligations have been

performed or otherwise discharged (and subject to the payment of the Council's reasonable and

proper costs) the Council will issue a written confirmation of such performance or discharge.

10.2 Following the performance and full satisfaction of all the terms of this agreement or if this

Deed is determined pursuant to clause 8 (and subject to the payment of the Council's reasonable

and proper costs and charges) the Council will on the written request of FM2 cancel all entries

made in the local land charges register in respect of this Deed.

6

11. NO FETTER OF DISCRETION

Nothing (contained or implied) in this Deed shall fetter or restrict the Council's statutory rights,

powers, discretions and responsibilities.

12. WAIVER

No failure or delay by the Council to exercise any right or remedy provided under this Deed or

by law shall constitute a waiver of that or any other right or remedy. No single or partial

exercise of such right or remedy shall prevent or restrict the further exercise of that or any other

right or remedy.

13. NOTICES

13.1 Any notice, consent or approval required to be given under this Deed must be in writing and

must be:

(a) delivered by hand; or

(b) sent by pre-paid first class post or other next working day delivery service.

13.2 Any notice, consent or approval required to be given under this Deed must be sent to the

relevant party as follows:

(a) to the Council at Town Hall Wood Street Wakefield WF1 2HQ marked for the

attention of [ ];

(b) to SSEG at No 1 Forbury Place 43 Forbury Place Reading Berkshire RG1 3JH

marked for the attention of the Company Secretary; and

(c) to FM2 at No 1 Forbury Place 43 Forbury Place Reading Berkshire RG1 3JH marked

for the attention of the Company Secretary

or as otherwise specified by the relevant party by notice in writing to each other party.

13.3 Any notice given in accordance with clause 13.1 and clause 13.2 will be deemed to have been

received:

(a) if delivered by hand, on signature of a delivery receipt or at the time the notice or

document is left at the address provided that if delivery occurs before 9.00 am on a

Working Day, the notice will be deemed to have been received at 9.00 am on that

day, and if delivery occurs after 5.00 pm on a Working Day, or on a day which is not

a Working Day, the notice will be deemed to have been received at 9.00 am on the

next Working Day; or

(b) if sent by pre-paid first class post or other next working day delivery service, at 9.00

am on the second Working Day after posting.

13.4 A notice or other communication given under this Deed shall not be validly given if sent by e-

mail.

13.5 This clause does not apply to the service of any proceedings or other documents in any legal

action or, where applicable, any arbitration or other method of dispute resolution.

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14. THIRD PARTY RIGHTS

A person who is not a party to this Deed shall not have any rights under the Contracts (Rights

of Third Parties) Act 1999 to enforce any term of this Deed.

15. GOVERNING LAW

This Deed and any dispute or claim arising out of or in connection with it or its subject matter

or formation (including non-contractual disputes or claims) shall be governed by and construed

in accordance with the laws of England and Wales.

This document has been executed as a Deed and is delivered and takes effect on the date stated at the

beginning of it.

The common seal of WAKEFIELD METROPOLITAN

DISTRICT COUNCIL

was affixed to this document in the presence of:

.......................................

Authorised signatory

Signed as a Deed by FERRYBRIDGE

MFE 2 LIMITED

in the presence of:

.......................................

[SIGNATURE OF WITNESS]

[NAME, ADDRESS [AND

OCCUPATION] OF WITNESS]

Signed as a Deed by SSE GENERATION

LIMITED

in the presence of:

.......................................

[SIGNATURE OF WITNESS]

[NAME, ADDRESS [AND OCCUPATION] OF

WITNESS]

.......................................

Director

…………………………………………

Director

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Schedule 1 Covenants to the Council

1. Provision of landscaping

(1) Within 12 months of Commissioning, FM2 shall submit a written detailed landscaping scheme

in respect of the Replacement Area for approval by the Council.

(2) The detailed landscaping scheme submitted and approved must include details of all proposed

hard and soft landscaping works, including—

(a) the treatment of hard surfaced areas;

(b) earthworks, including the proposed levels and contours of landscaped areas;

(c) the seed mix for areas of grassland;

(d) tree and shrub planting, including the height, size and species and the density of

distribution;

(e) the management of existing and new areas of grassland and tree and shrub planting;

(f) an implementation timetable for the phasing and completion of the landscaping works.

(3) The detailed landscaping scheme submitted and approved must be in accordance with the Revised Indicative Landscaping Plan, the Revised Biodiversity Strategy and the Biodiversity Enhancement and Management Plan.

(4) In subparagraph (3), “the Biodiversity Enhancement and Management Plan” means the plan referred to in covenant 2.

2. Implementation and maintenance of landscaping

(1) All landscaping works must be carried out in accordance with the landscaping scheme for the

Replacement Area approved pursuant to paragraph 1 (above) (“Approved Landscaping

Scheme”).

(2) Any tree or shrub planted as part of an Approved Landscaping Scheme that, within a period of

five years after planting, is removed, dies or becomes, in the opinion of the Council , seriously

damaged or diseased, must be replaced in the first available planting season with a specimen of

the same species and size as that originally planted.

(3) Any area of grassland planted as part of an Approved Landscaping Scheme that, within a period

of five years after planting, dies or becomes, in the opinion of the Council, seriously damaged

or diseased, must be reseeded in the first available planting season with the same seed mix as

that originally planted.

(4) FM2 must implement and maintain an annual landscaping maintenance plan during the,

operation and decommissioning of the Project.

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3. Biodiversity management plan

(1) Within 12 months of Commissioning, FM2 shall submit a detailed Biodiversity Enhancement and Management Plan in respect of the Replacement Area for approval by the Council.

(2) The plan submitted and approved must

(a) be in accordance with the Revised Biodiversity Strategy and the Revised Indicative Landscape Plan; and

(b) include an implementation timetable and details relating to maintenance and management.

(3) The Biodiversity Enhancement and Management Plan approved pursuant to paragraph 1 (above) must be implemented as approved.

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SCHEDULE 2

Covenants by the Council

1. Decision period

The Council must (subject to the provisions of paragraph 2 of this Schedule) give written notice to FM2 of its approval within a period of eight weeks from the date of submission of:

(a) the detailed landscaping scheme, as referred to at paragraph 1 of Schedule 1; and (b) the Biodiversity Enhancement and Management Plan, as referred to at paragraph 3 of Schedule

1.

2. Further information

(1) If the Council considers that it requires further information to issue its approval, it must give

written notice to FM2 specifying the further information required within seven Working Days from the day on which it receives the information referred to in subparagraphs (a) an (b) (above).

(2) If the Council does not give written notice in accordance with subparagraph (1) it is not entitled

to request any additional information without the prior agreement in writing of FM2.

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Annex A Revised Biodiversity Strategy

Ferrybridge Multifuel 2 (FM2) Document Ref No: 5.14

PINS Ref: EN010061

The Proposed Ferrybridge Multifuel 2 (FM2) Order

Ferrybridge Power Station Site, Knottingley, West Yorkshire

Revised Biodiversity Strategy

The Planning Act 2008

The Infrastructure Planning (Applications: Prescribed Forms and Procedure)

Regulations 2009 (as amended)

Regulation 5(2)(q)

Overarching National Policy Statement for Energy (EN-1) 5.3

Applicant: Ferrybridge MFE 2 Limited

Date: January 2018

Document History

January 2018 (i)

Document Number 5.14

Revision 5.0

Author David Broughton

Signed

Date 12/12/17

Approved By Richard Lowe

Signed

Date 12/12/17

Document Owner AECOM

Revision History

Revision No. Date Reason for Revision Authorised By

Submission version 30/07/14 K Cobb 2.0 (tracked change) 12/03/15 Minor amendments to include

Magnesian limestone grassland creation in response to discussions with Yorkshire Wildlife Trust.

K Cobb

3.0 (tracked change) 21/08/17 Amended to account for change in location of proposed habitat enhancements. It is no longer possible to deliver all commitments to the east of the A1(M), but there is land of comparable or greater suitability to the west side of the A1(M).

K Cobb

4.0 06/09/17 DWD review J Barnes-Gott 5.0 12/12//17 Minor updates following re-

consultation with Yorkshire Wildlife Trust and West Yorkshire Ecology.

R Lowe

Ferrybridge Multifuel 2 (FM2) Document Ref: 5.14 Biodiversity Strategy

January 2018 (ii)

Glossary

DCO Development Consent Order BAP Biodiversity Action Plan EFW Energy From Waste ES Environmental Statement FM1 Ferrybridge Multifuel Powerstation 1 FM2 Ferrybridge Multifuel 2 IPC Infrastructure Planning Commission LWS Local Wildlife Site MW Megawatt NERC ACT S41 Natural Environment And Rural Communities Act Section 41 NPPF National Planning Policy Framework NPS National Policy Statement NSIP Nationally Significant Infrastructure Project PA Planning Authority PINS Planning Inspectorate SEGI Site Of Ecological Or Geological Interest WMDC Wakefield Metropolitan District Council WNA Wakefield Nature Area WTI Wheelabrator Technologies Incorporated

Ferrybridge Multifuel 2 (FM2) Document Ref: 5.14 Biodiversity Strategy

January 2018 (iii)

Contents

SUMMARY .................................................................................................................................... 1

1. INTRODUCTION .............................................................................................................. 2

The FM2 Site ................................................................................................................................. 2 The Proposed Development .......................................................................................................... 2 The Purpose and Structure of this Document ............................................................................... 2

2. LEGISLATION AND PLANNING POLICY CONTEXT.................................................... 4

National Planning Policy ................................................................................................................ 4 Local Planning Policy .................................................................................................................... 5 Other Guidance ............................................................................................................................. 6

3. SUMMARY OF ECOLOGICAL IMPACT ASSESSMENT FINDINGS ............................ 8

4. IMPACT AVOIDANCE AND MITIGATION ...................................................................... 9

Development Design and Impact Avoidance ................................................................................ 9 Mitigation Measures ...................................................................................................................... 9

5. ECOLOGICAL ENHANCEMENT .................................................................................. 11

Areas ....................................................................................................................................... 11 Habitats ....................................................................................................................................... 11 Biodiversity Pond Management and Creation ............................................................................. 12 Broad-leaved Woodland Creation ............................................................................................... 12 Hedgerow Habitat Creation ......................................................................................................... 13 Magnesian Limestone Grassland Creation ................................................................................. 13 Wildflower Grassland Creation .................................................................................................... 14 Other Ornamental Plantings ........................................................................................................ 14

6. CONCLUSION ............................................................................................................... 15

7. REFERENCES ............................................................................................................... 16

Appendices

APPENDIX A: REVISED INDICATIVE LANDSCAPE PLAN (SHEETS 1 & 2)

APPENDIX B: SUPPLEMENTARY INFORMATION ON PROPOSALS FOR THE CREATION OF MAGNESIAN LIMESTONE GRASSLAND

Ferrybridge Multifuel 2 (FM2) Document Ref: 5.14


January 2018 Page 1

SUMMARY This Revised Biodiversity Strategy aims to enhance the biodiversity value on and around the Ferrybridge Multifuel 2 site in accordance with national policy. It includes the updated proposals set out in the Development Consent Order non-material change application submitted in January 2018.

The proposed enhancement comprises the creation of a suite of new habitats within and in close proximity to the site. The proposed habitat creation has been influenced by feedback from consultees; targeting habitats and species protected by European and UK legislation or which are otherwise priorities for action under Section 41 of the Natural Environment and Rural Communities Act 2006 and the Wakefield Biodiversity Action Plan.

These habitats will be subject to appropriate management to meet biodiversity enhancement objectives, as set out in this document.



January 2018 Page 2

1. INTRODUCTION 1.1 The Ferrybridge Multifuel 2 (‘FM2’) Power Station Order 2015 (the ‘Order’) (S.I. 2015 No.

1832) was made by the Secretary of State (‘SoS’) for the Department of Energy and Climate Change pursuant to section 114 ‘Grant or refusal of development consent’ of the Planning Act 2008 on 28 October 2015. The Order came into force on 19 November 2015.

1.2 The Order grants development consent, subject to certain provisions, for the ‘authorised development’ comprising an onshore electricity generation station (the ‘multifuel power station’) on land at and adjacent to the Ferrybridge Power Station site, with a gross combined installed generating capacity of up to 90 MWe fuelled by waste derived fuels, in addition to ‘associated development’ including an electricity grid connection, improvements to an access road and a foul water connection.

1.3 The full description of the authorised development is set out at Schedule 1 ‘Authorised Development’ of the Order.

The FM2 Site 1.4 The site proposed for FM2 (the ‘FM2 Site’) comprises almost entirely of land inside the

boundary of the Ferrybridge Power Station site, within the administrative area of Wakefield Metropolitan District Council (‘WMDC’). The Ferrybridge Power Station site is situated between the River Aire to the north and east and the A1(M) immediately to the west.

1.5 The FM2 Site itself extends to approximately 32 hectares (‘ha’) and consists primarily of land that originally formed part of the Ferrybridge Power Station golf course.

1.6 A detailed description of the Application Site and its location and surroundings is provided in the ‘Application Site Description Document’ (Application Document Ref. 5.2) submitted as part of the original Development Consent Order (‘DCO’) application.

The Proposed Development 1.7 The proposed development (the ‘Proposed Development’) comprises the multifuel power

station (the ‘onshore generating station’) and all the elements that are integral to it, including the fuel reception and storage facilities, combustion system, steam turbine and emissions stack, amongst other things.

1.8 In addition, it includes ‘Associated Development’ within the meaning of Section 115(2) of the PA 2008 that will support the operational of the multifuel power station. This comprises a connection to the electricity grid network, improvements to an existing access road and a new foul water connection.

1.9 The Proposed Development also includes temporary works connected with the construction phase, such as contractors’ compounds and laydown areas.

1.10 A detailed description of all the elements of the Proposed Development is provided in the ‘Proposed Development Description Document’ (Application Document Ref. 5.3) submitted as part of the original DCO application.

The Purpose and Structure of this Document 1.11 This document comprises the Revised Biodiversity Strategy for the Proposed

Development.



January 2018 Page 3

1.12 It is notable that the Proposed Development has been designed such that significant adverse effects on ecological receptors have been avoided or reduced through embedded mitigation and appropriate design. As such no significant adverse effects on ecological receptors have been identified and no mitigation is necessary. However, biodiversity enhancement measures have been identified in accordance with local and national policy.

1.13 This Revised Biodiversity Strategy complements the Revised Landscape Strategy (Application Document Ref. 5.13) and Chapter 14 Ecology of the Environmental Statement (‘ES’) (Application Document Ref. 6.2).

1.14 The remainder of this document is structured as follows:

• Section 2 describes the relevant planning policy;

• Section 3 summarises the findings of the ecological impact assessment;

• Section 4 sets out the impact avoidance measures incorporated into the Proposed Development;

• Section 5 describes the ecological enhancements proposed through the Revised Landscape Strategy (Application Document Ref. 5.13); and

• Section 6 provides the overall conclusion.



January 2018 Page 4

2. LEGISLATION AND PLANNING POLICY CONTEXT 2.1 During the preparation of the Revised Biodiversity Strategy, current legislation and UK

government and local authority policies that relate to ecology and nature conservation have been considered. These require the safeguarding of the natural environment post development and adherence to current wildlife legislation.

2.2 Relevant legislation that has been considered includes:

• Conservation of Habitats and Species Regulations 2017;

• Wildlife and Countryside Act 1981 (as amended);

• Countryside and Rights of Way (‘CRoW’) Act 2000; and

• Natural Environment and Rural Communities (‘NERC’) Act 2006.

National Planning Policy 2.3 Relevant national planning that has been considered includes:

• National Planning Policy Framework (‘NPPF’) (Ref 2-1); and

• National Policy Statement (‘NPS’) for Energy (‘EN-1’) (Ref 2-2).

Overarching National Policy Statement for Energy

2.4 EN-1 details the requirements of environmental statements to set out any effects on internationally, nationally and locally designated sites of ecological or geological conservation importance, on protected species and on habitats and other species identified as being of principal importance for the conservation of biodiversity.

2.5 EN-1 requires environmental statements to “show how the project has taken advantage of opportunities to conserve and enhance biodiversity and geological conservation interests” (paragraph 5.3.4).

2.6 EN-1 states that due consideration should be given regional or local designations. However, given the need for new infrastructure, that these designations should not be used in themselves to refuse development consent (paragraph 5.3.13). Sites of regional and local biodiversity and geological interest, include Regionally Important Geological Sites, Local Nature Reserves and Local Wildlife Sites. These sites have a fundamental role to play in meeting overall national biodiversity targets; contributing to the quality of life and the well-being of the community; and in supporting research and education.

2.7 Other species and habitats have been identified as being of principal importance for the conservation of biodiversity in England (NERC Act Section 41 (S41) species and habitats) and thereby requiring conservation action. These species and habitats should be protected from the adverse effects of development by using requirements or planning obligations. Consent should be refused where harm to the habitats or species and their habitats would result, unless the benefits (including need) of the development outweigh that harm. In this context substantial weight should be given to any such harm to the detriment of biodiversity features of national or regional importance which may result from a proposed development.

2.8 EN-1 requires (paragraph 5.3.18) the applicant to include appropriate mitigation measures as an integral part of the proposed development. In particular, the applicant should demonstrate that:

• during construction, they will seek to ensure that activities will be confined to the minimum areas required for the works;



January 2018 Page 5

• during construction and operation best practice will be followed to ensure that risk of disturbance or damage to species or habitats is minimised, including as a consequence of transport access arrangements;

• habitats will, where practicable, be restored after construction works have finished; and

• opportunities will be taken to enhance existing habitats and, where practicable, to create new habitats of value within the site landscaping proposals.

2.9 Paragraph 5.3.15 of EN-1 states that “Development proposals provide many opportunities for building-in beneficial biodiversity or geological features as part of good design. When considering proposals, the IPC should maximise such opportunities in and around developments...”

National Planning Policy Framework

2.10 Whilst regard has been made to the NPPF policies set out below, Paragraph 3 of the document is clear that it does not contain specific policies for NSIPs and these are to be determined in accordance with the decision making framework set out in the Planning Act 2008 and relevant NPSs, as well as any other matters that are considered both important and relevant.

2.11 In respect of the natural environment, the NPPF states that “…the planning system should contribute to and enhance the natural and local environment by:

• protecting and enhancing valued landscapes, geological conservation interests and soils;

• recognising the wider benefits of ecosystems services;

• minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures…”

Local Planning Policy 2.12 WMDC planning policies reiterate planning policy at national level in relation to nature

conservation and biodiversity. In general, relevant policies place particular emphasis on protection and enhancement of woodland and wetland habitats, of wildlife habitat networks, and the aims of the Wakefield Biodiversity Action Plan (BAP) (Ref. 2-3).

2.13 Site Specific Policy EZ18 in the WMDC Site Specific Policies Local Plan (Ref. 2-4) refers directly to the Ferrybridge Power Station site and sections of Fryston Park Wood which lie north of the site. It requires that the woodland is conserved and enhanced appropriately.

2.14 Further local planning policies of relevance are listed below and derive from the Wakefield Development Policies Development Plan (Ref 2-6):

• Development Plan Policy D4 - Sites Designated for Biological or Geological Conservation (Ref 2-6);

• Development Plan Policy D5 - Ecological Protection of Watercourses and Water Bodies (Ref 5);

• Development Plan Policy D6 - Wildlife Habitat Network (Ref 2-5);

• Development Plan Policy D7 - Protection of Trees and Woodland (Ref 2-5);

• Development Plan Policy D9 - Design of New Development (Ref 2-5); and



January 2018 Page 6

• Development Plan Policy D12 - Landscape Design (Ref 2-5).

Other Guidance

The NERC Act and Biodiversity Action Plans

2.15 In 2006, the NERC Act introduced a Biodiversity Duty for all public bodies. The NERC Act came into force on 1st October 2006 (Ref 2-5). Section 41 (S41) of the Act required the Secretary of State to publish a list (NERC Act S41) of habitats and species which are of principal importance for the conservation of biodiversity in England. This list was based on the now withdrawn UK Biodiversity Action Plan (UKBAP) and was drawn up in consultation with Natural England, as required by the Act. It is intended that the NERC Act S41 list be used to guide decision-makers such as public bodies, including local and regional authorities, in implementing their duty under Section 40 of the Act and to have regard to the conservation of biodiversity in England when carrying out their normal functions.

2.16 The NERC Act S41 list (though the preceding UKBAP) has informed the Wakefield Local BAP (Ref 2-3).

2.17 NERC Act S41 habitats and species potentially relevant (based on the geographic context of the site and other ecological considerations) are:

• woodland;

• ponds;

• common toad (Bufo bufo);

• reptiles;

• bats;

• water vole (Arvicola amphibius);

• great crested newt (Triturus cristatus); and

• hedgehog (Erinaceus europaeus).

2.18 The Wakefield Local BAP identifies key local species and habitats that are considered to be rare or threatened and that are given consideration when reviewing planning applications. Potentially relevant habitats and species, based on the geographic context of the site and other ecological considerations, are:

• woodland;

• scrub;

• hedgerow;

• rivers and streams;

• Magnesian limestone grassland;

• neutral grassland;

• standing water;

• badger (Meles meles);

• bats (common pipistrelle (Pipistrellus pipistrellus), noctule (Nyctalus noctula), Leisler’s (Nyctalus leisleri), long-eared brown (Plecotus auritus), Natterer’s (Myotis nattereri), Daubenton’s (Myotis daubentonii), whiskered (Myotis mystacinus);



January 2018 Page 7

• grass snake (Natrix natrix); and

• birds (hawfinch (Coccothraustes coccothraustes), bullfinch (Pyrrhula pyrrhula), nuthatch (Sitta europaea), spotted flycatcher (Muscipapa striata), song thrush (Turdus philomelos); grey heron (Ardea cinerea).



January 2018 Page 8

3. SUMMARY OF ECOLOGICAL IMPACT ASSESSMENT FINDINGS 3.1 Chapter 14 ‘Ecology’ of the ES (Application Document Ref. 6.2) provides an assessment

of the anticipated impacts and effects on ecological receptors during the construction, operational and decommissioning phases of the Proposed Development. With the implementation of measures to avoid and reduce impacts on ecological features that have been embedded in the design (see Section 4 of this report), all adverse effects were considered to be not significant and no mitigation is considered necessary.

3.2 The habitat creation/enhancements included in the Revised Landscape Strategy (Application Document Ref. 5.13) and described in this Revised Biodiversity Strategy will result in a beneficial effect in the long term.



January 2018 Page 9

4. IMPACT AVOIDANCE AND MITIGATION 4.1 The Proposed Development has been designed to avoid and minimise the impact on

ecological receptors such that no significant adverse effects are anticipated from the construction, operation. The landscape design of the Proposed Development seeks to replace the semi-natural habitats within the FM2 Site, particularly the former golf course pond, which will be lost.

Development Design and Impact Avoidance

4.2 Measures included in the development design to avoid or minimise impacts during the construction and operation of the Proposed Development on ecology include:

• avoiding impacts on legally protected species (survey work has been undertaken to inform the design of the Proposed Development and these have confirmed the absence of legally protected species);

• impacts on semi-natural woodland have been avoided through siting of the Proposed Development structures within the FM2 Site;

• the Proposed Development has been designed so as to not directly affect any designated nature conservation sites, including Fryston Park Local Wildlife Site (‘LWS’) to the north of the FM2 Site;

• the Proposed Development avoids impacts on watercourses;

• the main stack height has been determined to reduce air quality effects on sensitive receptors;

• the proposed lighting scheme has been designed to minimise light spill onto adjacent habitats (see Lighting Strategy (Application Document Ref. 5.12));

• on-site liquid storage will be appropriately bunded to minimise the risk and impact of spillages; and

• a proposed attenuation pond will be designed to hold at least some permanent water all year round such that it will provide suitable habitat for aquatic wildlife, including the provision of breeding habitat for common toad and other amphibians.

Mitigation Measures

4.3 Mitigation would be required if any significant adverse effects had been identified. Whilst the scale of the Proposed Development is relatively large, the baseline conditions associated with the FM2 Site are such that there is only limited potential to affect a limited suite of protected species (nesting birds) and affected habitats are of relatively low nature conservation value. With the implementation of the design and impact avoidance measures described above, the ecological impact assessment presented as Chapter 14 of the ES (Application Document Ref. 6.2) predicts no significant adverse ecological effects as a result of the Proposed Development.

4.4 Although no significant adverse effect has been identified as a result of the loss of the existing semi-natural habitats within the FM2 Site, new habitats will be created and managed for biodiversity as described further in Section 5 of this report. Whilst this is intended primarily to replace habitats lost to the Proposed Development the specification is such that it is also expected that it would result in an increase in habitat quality for wildlife over the medium to long term, i.e. biodiversity enhancement.

4.5 With the exception of nesting birds, no protected species were identified on the FM2 Site during the preparation of the ES. In the event that any are observed during construction



January 2018 Page 10

works, site activities within the affected areas shall cease immediately until a suitably qualified ecologist is contacted for advice on an appropriate course of action.

4.6 Measures are required during site clearance to comply with legislation protecting the nests of all species of wild bird from damage and direct disturbance. These will include:

• where possible vegetation clearance works undertaken outside the main breeding bird season (March to August inclusive); and

• where vegetation clearance is necessary outside of the above period, an ecologist will inspect the relevant habitat for the presence of any active bird nests no more than two days before the required works are to be undertaken. Any subsequent requirements for mitigation would then be identified by the ecologist and implemented accordingly.




5. ECOLOGICAL ENHANCEMENT 5.1 The Revised Landscape Strategy (Application Document Ref. 5.13) and the Biodiversity

Revised Biodiversity Strategy (this report) for the Proposed Development seek to provide replacement habitat for the species-poor amenity grassland, immature broad-leaved tree plantings, and man-made pond associated with the former golf course that will be lost, and to provide an enhanced biodiversity value relative to the baseline conditions.

5.2 The primary aim of the proposed soft landscaping (see Application Document Ref. 5.13) is to enhance the biodiversity value of the site once construction is complete. This is in accordance with relevant national and local planning policy, including Policy D6 (Ref. 2-4) relating to the Wakefield Habitat Network (‘WHN’). Policy D6 seeks to consolidate the WHN by taking opportunities to restore and enhance existing habitat, create new priority habitats and manage the landscape to improve both biodiversity and landscape quality.

5.3 It is proposed that, if possible, the implementation of the final landscape scheme will be undertaken during the first available planting season (November to March) after the completion of the construction works. However, where areas suitable for advanced planting are identified, implementation would be undertaken at the earliest practicable opportunity. Similarly, lead in works to prepare ground for the establishment of the new grassland habitat would commence as soon possible, as detailed later in this Revised Biodiversity Strategy.

5.4 The proposed ecological enhancement is illustrated in the indicative plan at Appendix A of this report, including the location of new planting and other habitat provision. The remainder of this section should be read in conjunction with the indicative plan.

Areas

5.5 Ecological enhancement measures will be targeted towards two discrete areas within and in close proximity to the FM2 Site, as follows:

• Land within the FM2 Site and connecting to landscaping provided for FM1 (Sheet 1 at Appendix A); and

• Former agricultural land on the west side of the A1(M) motorway (Sheet 2 at Appendix A).

5.6 The area to the west of the A1(M) motorway affords opportunity to create a large area of Magnesian Limestone grassland on a site that is closely associated with the required supporting geology. The land to the west of the motorway also affords opportunity to improve existing habitat connections associated with the Fryston Park LWS.

Habitats 5.7 Several habitats are included within the Revised Landscape Strategy (Application

Document Ref. 5.13), some of which once mature are likely to contribute to the objectives of the NERC Act S41 and/or Wakefield BAP. These habitats include broad-leaved woodland, species-rich hedgerow, species-rich magnesian limestone grassland (to the west of the A1(M) motorway), neutral wildflower grassland and a new ‘biodiversity pond’ in the vicinity of the new power station.

5.8 The proposed semi-natural habitats have been set out in such a way that they will contribute beneficially to the existing ecological value of the Fryston Park LWS, extending habitat area and adding to the variation and structure of the habitats associated with the LWS. They also re-establish or replace the habitats of low ecological value lost to the Proposed Development and enhance the WHN (as required by Policy D6).




5.9 As the primary objective of the proposed habitat creation is biodiversity enhancement, all of the planting stock used would be of native British origin, except for amenity plantings surrounding the proposed car park. Specifically to ensure the delivery of the agreed native planting scheme the following principles will be applied:

• consultation will be undertaken with the Yorkshire Wildlife Trust and WMDC in advance of completion of construction to identify at an early stage options for collection of locally native seed from species-rich grasslands for the purposes of the proposed grassland restoration;

• only after the above has been fully explored, remaining requirements for seed mixes and planting stock will be ordered as early as possible to facilitate supply without risk of substitution; and

• all seed mixes and tree and shrub stock will be sourced from a specialist producer of British native plants and who can source-identify all stock (i.e. not a non-specialist nursery that buys in stock or an agricultural/ general merchant that buys stock from diverse sources, including non-British sources).

5.10 In addition:

• native trees and shrubs will be sourced from a supplier which follows the Forestry Commission's Voluntary Identification Scheme for British Native Trees and Shrubs (Ref 5-1);

• grassland wildflower seed mixtures (if required) will be approved by DEFRA under the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 (Ref 5-2); and

• terms of supply will include a condition that no part of the order shall be substituted with stock of alternative species or origin and that any change must be mutually agreed.

Biodiversity Pond Management and Creation 5.11 A pond will be provided to replace the existing man-made former golf course pond. The

final design of the pond will be agreed in accordance with the DCO Requirement 12. The pond will be designed in such a way that it provides potential habitat for a range of freshwater and wetland flora and fauna, including protected and NERC Act S41 species such common toad and grass snake. The replacement pond will:

• provide a variable water depth, with shallow and gradual banks and a deep area (of up to 4 m) which will permanently retain water;

• provide a diverse cover of aquatic and emergent vegetation, including species of value to amphibians for egg laying such as water forget-me-not (Myosotis scorpioides), water mint (Mentha aquatica), floating sweet-grass (Glyceria fluitans) and willowherb (Epilobium hirsutum);

• be open and largely unshaded pond; and

• not be stocked with fish.

Broad-leaved Woodland Creation 5.12 An area of broad-leaved woodland (approximately 0.95 ha) would be planted along the

southern edge of Fryston Park LWS, creating a beneficial extension to the LWS. If topsoil stripping is required to create conditions for the establishment of the proposed magnesian limestone grassland, then this will be deposited in this location and the trees




will be planted on the resultant topsoil bunds. Once established, the new woodland will benefit a range of flora and fauna, including those associated with the LWS. The habitat may be suitable for protected and NERC Act S41 species such as bats, badger, brown hare, hedgehog, birds and amphibians.

5.13 The proposed species composition, based on the composition of the existing woodland and otherwise typical of the local area, is downy birch (Betula pubescens), field maple (Acer campestre), holly (Ilex aquifolium), pedunculate oak (Quercus robur), wild cherry (Prunus avium), and hazel (Corylus avellana).

5.14 After the initial five year aftercare period the woodland areas will be managed for biodiversity. Management prescriptions will be detailed at a future date, following review of tree growth and establishment, but might involve a combination of non-intervention areas and localised thinning of trees to allow light into the woodland to the benefit of the shrub layer and ground flora.

Hedgerow Habitat Creation 5.15 Species-rich native hedgerow is a Wakefield BAP priority habitat and will be created in

association with Fryston Park LWS (in the area to the west of the A1(M)). The new planting will provide a net gain in the extent of hedgerow in proximity to the FM2 Site.

5.16 The proposed species-rich hedgerows (1.4 km), will form a new habitat linkage between existing woody habitats on the boundary of the A1(M) motorway to the east and Fryston Park LWS to the north. It will also serve to screen the grassland from the golf course located to the west.

5.17 The proposed planting mix for the hedgerows will comprise species typical of nearby semi-natural habitats, as well as other species present more locally distributed in the local area. This will include hawthorn (Crataegus monogyna), wild privet (Ligustrum vulgare), spindle (Euonymus europaeus), dogwood (Cornus sanguineus ssp. sanguineus), buckthorn (Rhamnus cathartica), field rose (Rosa arvensis), guelder-rose (Viburnum opulus) and hazel (Corylus avellana).

Magnesian Limestone Grassland Creation 5.18 A significant area (4.35 ha) of magnesian limestone grassland will be created in the area

to the west of the A1(M), in proximity to Fryston Park LWS. There is a pre-existing limestone grassland interest associated with the LWS, which will be complemented and enhanced by the extensive open grassland to be created. This is a Wakefield BAP priority habitat. The rationale for the selection of this area, and its current status is provided in Appendix B to this report.

5.19 The land proposed for magnesian limestone grassland will be suitably prepared in advance of sowing, to reduce soil fertility to a more appropriate level. The options under consideration to achieve this are detailed in Appendix B to this report. It has been agreed with stakeholders that allowance of sufficient time for reduction of fertility is important for successful grassland creation, and that the timeline for grassland creation should reflect this.

5.20 The grassland seed mix sown will be appropriate to the local geographic context. Consultation will be undertaken with the Yorkshire Wildlife Trust and WMDC at an early stage to attempt to identify local unimproved native grasslands where seed could be harvested or green hay gathered for subsequent sowing on Site. Currently it is understood that there are several options for sourcing seed. Only once this process has been explored as far as practicable would the use of commercially available native seed




mixes be considered. Details of suggested commercial seed mixes are provided on the indicative landscaping plan (see Appendix 1 to this report).

5.21 Following establishment, the grassland will be subject to an appropriate management regime so that biodiversity enhancement objectives are met. The management regime will need to be subject to review over the establishment period, but an indicative management regime for wildlife is likely to include:

• identifying areas of grassland to be left unmanaged as tussocky grassland to provide hunting habitat for owls and kestrel and places of refuge for other wildlife when the remainder of the grassland is cut;

• taking a first cut of remainder of grassland (c. two thirds) to 5 cm height from late July to mid-August, with all arisings to be removed but these can be deposited in heaps on woodland edge to provide habitat piles for wildlife e.g. grass snake;

• taking a second cut, as per first cut, towards the end of October; and

• if the grass regrows vigorously, taking a third cut in February to ensure that the sward is approximately 5 cm high.

5.22 With time the grassland may develop a biodiversity value such that it could be recognised as the NERC Act S41 Lowland Meadows habitat.

Wildflower Grassland Creation 5.23 The neutral wildflower grassland proposed as part of FM1, to the south of the FM2 Site,

will be retained and protected during construction. Additional areas of this habitat will be planted along the entire southern boundary of the FM2 Site, to further enhance biodiversity. This grassland will be neutral in character. Neutral grassland is a Wakefield BAP priority habitat.

5.24 Management, in the initial years at least, will be in accordance with that recommended by the seed producer. After this period management requirements are likely to be comparable to that detailed above for the retained grassland.

Other Ornamental Plantings 5.25 In addition to native habitat creation, there will be some amenity planting of non-native

ornamental tree species in association with the proposed car park. The trees proposed will provide some benefits for wildlife in the form of flowers, fruit, nest sites for birds and foraging habitat for bats.




6. CONCLUSION 6.1 This Revised Biodiversity Strategy aims to mitigate impact of the Proposed Development

on existing habitats within the FM2 Site, and to further enhance the biodiversity value on and around the FM2 Site in accordance with national policy.

6.2 The proposed mitigation and enhancement comprises the creation of a habitat mosaic within and in close proximity to the FM2 Site. This encompasses the provision of a new pond, tree planting to extend the existing broad-leaved woodland of Fryston Park LWS, and species-rich magnesian limestone grassland.

6.3 The Proposed Development is not anticipated to result in any significant loss in biodiversity. Mitigation measures have been included to ameliorate any small losses in biodiversity and further enhance the site following construction.




7. REFERENCES Ref 2-1 Department of Communities and Local Government (2012) National

Planning Policy Framework. Available from: www.gov.uk

Ref 2-2 Department for Energy and Climate Change (2011) National Policy Statement (NPS) for Energy (EN-1)

Ref 2-3 Wakefield Metropolitan District Council (undated) Wakefield Biodiversity Action Plan Available at www.wakefield.gov.uk/NR/...977B.../Biodiversity ActionPlans.pdf

Ref 2-4 Wakefield Metropolitan District Council (2012) Site Specific Policies Local Plan

Ref. 2-5 Her Majesty’s Stationary Office (2006) Natural Environment and Rural Communities Act

Ref 2-6 Wakefield Metropolitan District Council (2009) Development Policies Development Plan Document

Ref 5-1 National Joint Utilities Group (2007) Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees

Ref 5-2 Forestry Commission (2002) Voluntary Identification Scheme for British Native Trees and Shrubs.

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January 2018

APPENDIX A: REVISED INDICATIVE LANDSCAPE PLAN (SHEETS 1 & 2)

FERRYBRIDGE

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NPG sub-station

Location ofBiodiversity Pond

NPG sub-station


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APPLICATION DOCUMENT REF. Rev

DateApprovedCheckedDrawn

URS Internal Project No.

Drawing TitleProject TitleClient

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THIS DOCUMENT HAS BEEN PREPARED PURSUANT TO AND SUBJECT TO THE TERMS OF URS'APPOINTMENT BY ITS CLIENT. URS ACCEPTS NO LIABILITY FOR ANY USE OF THIS DOCUMENTOTHER THAN BY ITS ORIGINAL CLIENT OR FOLLOWING URS' EXPRESS AGREEMENT TO SUCH

USE, AND ONLY FOR THE PURPOSES FOR WHICH IT WAS PREPARED AND PROVIDED.

www.aecom.com

1. THIS DRAWING IS TO BE READ IN CONJUNCTION WITH ALL OTHER RELEVANTDOCUMENTATION.

2. DO NOT SCALE FROM THIS DRAWING, USE ONLY PRINTED DIMENSIONS.3. ALL DIMENSIONS IN MILLIMETRES, ALL CHAINAGES, LEVELS AND COORDINATES ARE IN

METRES UNLESS DEFINED OTHERWISE.4. THIS DRAWING IS TO BE READ IN CONJUNCTION WITH THE PROJECT HEALTH & SAFETY

FILE FOR ANY IDENTIFIED POTENTIAL RISKS.

SAFETY, HEALTH AND ENVIRONMENTAL INFORMATION BOX

IT IS ASSUMED THAT ALL WORKS ON THIS DRAWING WILL BE CARRIED OUT BY ACOMPETENT CONTRACTOR WORKING, WHERE APPROPRIATE, TO AN APPROPRIATE

METHOD STATEMENT.

THIS DRAWING IS TO BE USED ONLY FOR THE PURPOSE OF ISSUETHAT IT WAS ISSUED FOR AND IS SUBJECT TO AMENDMENT.

Tel:Fax:

4.12 07

RB RB MT MAY 2014

1:1000

47066159Proposed Ferrybridge Multifuel 2 (FM2) Order

REVISED INDICATIVELANDSCAPING PLAN

SHEET 1

2 City WalkLeedsLS11 9AR

+44 (0)113 204 5000+44 (0)113 204 5001

AECOM

EXISTING WOODLAND

PROPOSED SPECIMEN TREES

PROPOSED WILDFLOWER GRASS MIX - BSH WFG4

AREA OF APPROVED FM1 LANDSCAPING WORKS

FM 2 ORDER LIMITS

NOTES

The species will include (but will not necessarily be restricted to) those listed.The handling of plants to be in accordance with National Plant Specification 'Handling and EstablishingLandscape Plants'.

All plants and planting operations are to comply with the requirements and recommendations of allcurrent relevant British Standard specification including:· BS 3936-1:1992. Nursery stock. Specification for trees and shrubs· BS 3882: 2007 Specification for topsoil and requirements for use (incorporating Corrigendum No.1)· BS 4428:1989. Code of practice for general landscape operations (excluding hard surfaces) (AMD

6784)· BS 5837: 2012 Trees in relation to design, demolition and construction – Recommendations· BS 7370-3:1991. Grounds maintenance. Recommendations for maintenance of amenity and

functional turf (other than sports turf)

All planting specified should use existing good quality site won topsoil and/or imported, clean/inerthorticultural ameliorants from sustainable sources. Slow release fertiliser to be Enmag CRF.All planting to be carried out in optimal planting period October through until March and duringappropriate climatic conditions.Where possible, whilst allowing construction activities, existing trees within and adjacent to theapplication boundary are to be retained and protected to BS5837:2012.

TYPICAL PLANTING SCHEDULES

SPECIMEN TREE PLANTINGSpecies Form Girth Height Stem RootAlnus glutinosa Feathered 200-250 BAmelachier lamarkii Standard 8 - 10 250-300 175-200 RBBetula pendula Feathered 175-200 BCrataegus crus-galli Heavy Standard 12 - 14 350-425 175-200 RBMalus tschonoskii Heavy Standard 12 - 14 350-425 175-200 RBMalus x zumi 'Golden Hornet' Heavy Standard 12 - 14 350-425 175-200 RBPrunus padus Heavy Standard 12 - 14 350-425 175-200 RBQuercus robur Transplant 1+1 40 - 60 B

NOTEB = BarerootRB = Root balled

GRASS SEEDING

Wildflower Grass Mix - Germinal Seeds WFG4Festuca rubra ssp litoralis Slender Creeping Red Fescue 25%Cynosurus cristatus Crested Dogstail 20%Festuca rubra rubra Strong Creeping Red Fescue 20%Festuca arundinicea Tall Fescue 10%Onobrychis vicifolia Sainfoin 5%Phleum bertolonii Small Leaved Timothy 5%Leucanthemum vulgare Oxeye Daisy 2%Centaurea cyanus Common Knapweed 1.2%Galium verum Lady's Bedstraw 1.2%Linum usitatissimum Flax 1.2%Plantago lanceolata Ribwort Plantain 1.2%Ranunculus acris Meadow Buttercup 1.2%Sanguisorba minor Salad Burnet 1.2%Achillea millefolium Yarrow 1%Medicago lupulina Black Medick 1%Mililotus alba White Melliot 1%Lotus corniculatus Birdsfoot Trefoil 0.6%Prunella vulgaris Self Heal 0.6%Rhinanthus minor Yellow Rattle 0.6%Lychnis flos-cuculi Ragged Robin 0.3%Scabiosa columbaria Small Scabious 0.3%Vicia sativa Common Vetch 0.2%Conopodium majus Pignut 0.1%Geranium pratense Meadow Cranesbill 0.1%

*Layout of landscape elements subject to change to all appropriate easements forunderground cables and construction of access roads to NPG sub-station.

Proposed magnesian grassland added RB/MT 04 03 15 02

SEE INSETSEE INSET

INSET

POTENTIAL AREA FOR FUTURE DEVELOPMENT

Minor amendments HB/RB 04 08 17 03Minor amendments HB/RB 06 10 17 04

To be Read in conjunction with Figure 4.12 Sheet 2

Minor amendments HB/RB 06 12 17 05Minor amendments HB/RB 03 01 18 06NPG sub-station boundary HB/RB 05 01 18 07

http://www.ursglobal.com

FERRYBRIDGE

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Potential location for NPG sub-stationLocation subject to change to allow foreasements for underground cables






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METHOD STATEMENT.


Tel:Fax:

4.12 04

RB HB MJ RL AUG 2017

1:1000


REVISED INDICATIVE LANDSCAPING PLAN

SHEET 2


+44 (0)113 204 5000+44 (0)113 204 5001

AECOM

EXISTING WOODLAND

PROPOSED WOODLAND

PROPOSED MAGNESIAN LIMESTONE GRASSLAND

NATIVE HEDGEROW

PROPOSED LANDSCAPE AND BIODIVERSITY AREA BOUNDARY

NOTES

The species will include (but will not necessarily be restricted to) those listed.The handling of plants to be in accordance with National Plant Specification 'Handling andEstablishing Landscape Plants'.

All plants and planting operations are to comply with the requirements andrecommendations of all current relevant British Standard specification including:· BS 3936-1:1992. Nursery stock. Specification for trees and shrubs· BS 3882: 2007 Specification for topsoil and requirements for use (incorporating

Corrigendum No.1)· BS 4428:1989. Code of practice for general landscape operations (excluding hard

surfaces) (AMD 6784)· BS 5837: 2012 Trees in relation to design, demolition and construction –

Recommendations· BS 7370-3:1991. Grounds maintenance. Recommendations for maintenance of

amenity and functional turf (other than sports turf)

All planting specified should use existing good quality site won topsoil and/or imported,clean/inert horticultural ameliorants from sustainable sources. Slow release fertiliser to beEnmag CRF.All planting to be carried out in optimal planting period October through until March andduring appropriate climatic conditions.Where possible, whilst allowing construction activities, existing trees within and adjacent tothe application boundary are to be retained and protected to BS5837:2012.

FRYSTON WOOD

PROPOSED MAGNESIANLIMESTONE GRASSLAND4.35 ha

PROPOSED NATIVE HEDGEROW1413 linear m

PROPOSED WOODLAND0.95 ha


WOODLAND PLANTINGSpecies Form Age Height RootAcer campestre Transplant 1+1 40 - 50 BBetula pubescens Transplant 1+1 40 - 50 BCorylus avellana Transplant 1+1 40 - 50 BIlex aquifolium Transplant 1+1 30 - 40 CPrunus avium Transplant 1+1 40 - 50 BQuercus robur Transplant 1+1 40 - 50 B

NATIVE HEDGEROW PLANTINGSpecies Form Age Height RootAcer campestre Transplant 1+1 40 - 60 BCrateagus monogyna Transplant 1+1 40 - 60 BCorylus avallana Transplant 1+1 40 - 60 BCornus sanguineus Transplant 1+1 40 - 60 BEuonymus europaeus Transplant 1+1 40 - 60 BRosa arvensis Transplant 1+1 40 - 60 BViburnum opulus Transplant 1+1 40 - 60 B

NOTEB = BarerootC = Container

GRASS SEEDINGMagnesian Limestone Grassland MixConsultation will be undertaken with the Yorkshire Wildlife Trust to attempt to identify localunimproved native grasslands where seed could be harvested or green hay gathered forsubsequent sowing on Site. Should this prove unable to prove suitable seed the followingcommercial seed mix shall be used:

Emorsgate EM6F – Wild flowers for chalk & limestone soils

Latin name Common name %Achillea millefolium Yarrow 2.5Anthyllis vulneraria Kidney Vetch 4Centaurea nigra Common Knapweed 5Centaurea scabiosa Greater Knapweed 10Clinopodium vulgare Wild Basil 2Daucus carota Wild Carrot 3Galium verum Lady's Bedstraw 5Knautia arvensis Field Scabious 10Leontodon hispidus Rough Hawkbit 2Leucanthemum vulgare Oxeye Daisy 7.5Lotus corniculatus Birdsfoot Trefoil 10Onobrychis viciifolia Sainfoin 6Origanum vulgare Wild Marjoram 2Plantago media Hoary Plantain 2.5Poterium sanguisorba - (Sanguisorba minor) Salad Burnet 10Primula veris Cowslip 5Ranunculus acris Meadow Buttercup 7.5Reseda lutea Wild Mignonette 3Scabiosa columbaria Small Scabious 3

FERRYBRIDGE GOLF COURSE

A1 (M)

Habitat Committed ProposedWoodland 0.33 0.95Woodland Edge 0.09 0Scrub 0.20 0.0Neutral Grassland 4.30 0Magnesian Limestone Grassland 0.34 4.35

TOTAL 5.30 ha 5.30 ha

Additional HabitatNATIVE HEDGEROW 0 1.4 km

Minor amendments to typical planting schedule HB/RB 06 10 17 02Minor amendments - shrub removed HB/RB 06 12 17 03Minor amendments - Title change HB/RB 04 01 18 04




January 2018

APPENDIX B: SUPPLEMENTARY INFORMATION ON PROPOSALS FOR THE CREATION OF MAGNESIAN LIMESTONE GRASSLAND

Selection of an appropriate area for magnesian limestone grassland creation

A suitable area of land (shown on Sheet 2 at Appendix A to this report) has been identified to the west of the A1(M) motorway, adjacent to Ferrybridge Golf Course and Fryston Park LWS. The site is located on an appropriate geology for limestone grassland creation. There is a pre-existing limestone grassland interest associated with the adjacent LWS, providing further evidence that the selected area is favourably located for limestone grassland creation.

A study of the suitability of the site, undertaken by ADAS (environmental consultancy) in December 2016, confirmed that the site coincides with soils of the 511a Aberford series. Aberford soils are characterised as a predominantly shallow, locally brashy, well-drained calcareous fine loam overlying a Magnesian limestone outcrop. The soil textural classification made by ADAS indicates that the soils on site are a sandy loam (60% sand, 22% silt, 18% clay) topsoil which is typical of the Aberford series. The pH is 7.5, so slightly alkaline and suitable to support limestone grassland.

Soil samples were taken for laboratory testing for Phosphorus (P), Potassium (K) and Magnesium (Mg). Relative proportions of each in the topsoil of the limestone grassland creation site are not optimal for grassland creation, but can be reduced through management intervention in the run up to sowing (see below). The relevant nutrient index levels are P of 3 (40 mg/l), K of 2+ (196 mg/l) and Mg of 5 (266 mg/l).

Existing nature conservation value of the areas proposed for magnesian limestone grassland creation

The area proposed for the limestone magnesian limestone grassland is former agricultural land that was taken out of cultivation at the time of creation of the Ferrybridge Golf Course. It is currently in a tumbledown state supporting rough grasses and ruderal weeds. This was last confirmed by ecologists from AECOM in November 2016.

Given the current conditions, and the fact that it was in arable cultivation until relatively recently, the limestone grassland creation site has limited potential to support protected species. Therefore, the creation of limestone grassland will not result in the loss of any pre-established biodiversity value and can reasonably be expected to result in gains for biodiversity.

Management action required to bring the limestone grassland area into suitable condition for the sowing of grassland

The current nutrient status of the area is too high to be optimal for sowing species-rich grassland. Therefore, management is required to reduce fertility in advance of sowing of the grassland.

The available options to reduce soil fertility are:

• Soil inversion, to bring nutrient poor sub-soils to the surface and bury the enriched topsoil;

• Topsoil stripping, to remove the nutrient enriched upper soil profile. This would require a suitable location for disposal of topsoil, and this may be the best solution if the topsoil can be beneficially used elsewhere in the wider power station complex. If this is required, there is potential for some of the topsoil to be disposed of as a bund in association with areas proposed for tree planting; or

• Arable cropping to reduce soil fertility.

Reduction in nutrient status by cropping is currently the preferred option. Stakeholders have agreed that time should be allowed to reduce nutrient status, and that sowing of the grassland should be delayed until suitable levels have been achieved. In support of this, the following actions would be required:



January 2018

1) Cutting of existing weedy grassland and removal of arisings, followed by herbicide treatment.

2) Cultivation with no application of fertiliser, then sowing with a crop. The choice of crop can be left to the farmer as long as it is not a legume (i.e. not peas or field beans, as these are N-fixing). Weed control would be applied as necessary. The crop would be harvested as usual, or otherwise sacrificed (left in situ) to provide benefits for farmland birds, and the straw removed, not chopped and incorporated into the soil.

3) Repetition of above in following cropping years until suitable nutrient status is achieved. Nutrient status would be monitored periodically to measure progress towards target condition.

Ongoing action would be taken after sowing the grassland to support ongoing depletion of nutrients, and as otherwise consistent with appropriate establishment and aftercare management of grassland habitats. This would require:

4) Year 1. Mow grass if height is 10 cm or more and remove arisings. June, July spot treat undesirable species. July cut and remove all arisings. September/October, cut and remove all arisings.

5) Year 2. Spring cut March/April, and remove arisings. Spot weed as necessary in May, June. July carry out main cut and removal of arisings (e.g. as hay or haylage). Repeat cut in late September/October. No fertiliser.

6) Ongoing management: minimum of two cuts per year, likely to be three cuts, with removal of arisings. Subject to suitable reduction in soil fertility/development of sward, could add late summer/autumn grazing by sheep to replace the September/October cut, but sheep should not continue grazing throughout the winter and there would be no feeding allowed on site (except mineral lick).

7) If grass appears dominant in year 3, an option could be to introduce more yellow rattle (tine-cultivate and oversow, or drill +/- localised herbicide treatment to open the sward).

With the above regime it is considered realistic to expect that species-rich grassland to be well established with 4 years of sowing.

13

Annex B

Revised Indicative Landscaping Plan

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14

Annex C Revised Landscape Strategy

Ferrybridge Multifuel 2 (FM2) Document Ref No: 5.13PINS Ref: EN010061

The Proposed Ferrybridge Multifuel 2 (FM2) Order

Ferrybridge Power Station Site, Knottingley, West Yorkshire

Revised Landscape Strategy

The Planning Act 2008

The Infrastructure Planning (Applications: Prescribed Forms and Procedure)

Regulations 2009 (as amended)

Regulation 5(2)(q)

Overarching National Policy Statement for Energy (EN-1) 5.9

Applicant: Ferrybridge MFE 2 Limited

Date: January 2018



January 2018 (i)

Document Number 5.13

Revision 6.0

Author Richard Bassindale (RB)

Signed RB Date 21/12/17

Approved By Richard Lowe (RL)

Signed RL Date 21/12/17

Document Owner AECOM

Revision History

Revision No. Date Reason for Revision Authorised By

Submission version July 2014 K Cobb 2.0 (clean) 12/3/15 Minor amendments to include

magnesian limestone grassland in response to discussions with Yorkshire Wildlife Trust

K Cobb

3.0 (tracked changes) 22/08/17 Amended to account for change in location of proposed habitat enhancements. It is no longer possible to deliver all commitments to the east of the A1(M) but there is land of greater suitability to the west side of the A1(M).

R Lowe

4.0 06/10/17 Amendment in line with DWD review R Lowe

5.0 12/12/17 Minor updates following re-consultation with Yorkshire Wildlife Trust and West Yorkshire Ecology

R Lowe

6.0 21/12/17 Final version following client review R Lowe



January 2018 (ii)

Glossary

BAP Biodiversity Action Plan DCO Development Consent Order ES Environmental Statement FM1 Ferrybridge Multifuel Powerstation 1 FM2 Ferrybridge Multifuel 2 IPC Infrastructure Planning Commission LWS Local Wildlife Site MW Megawatt NJUG National Joint Utilities Group NPPF National Planning Policy Framework NPS National Policy Statement NSIP Nationally Significant Infrastructure Project SoS Secretary of State the Order The Ferrybridge Multifuel 2 (‘FM2’) Power Station Order 2015 WMDC Wakefield Metropolitan District Council the FM2 Site The site proposed for FM2 HA Hectares EN-1 National Policy Statement (NPS) for Energy EN-3 NPS for Renewable Energy Infrastructure



January 2018 (iii)

Contents

1. SUMMARY ....................................................................................................................... 1

2. INTRODUCTION .............................................................................................................. 2

The FM2 Site ................................................................................................................................. 2 The Proposed Development .......................................................................................................... 2 The Purpose and Structure of this Document ............................................................................... 2

3. PLANNING POLICY CONTEXT ...................................................................................... 4

National Planning Policy ................................................................................................................ 4 Local Planning Policy .................................................................................................................... 4

4. BASELINE CONDITIONS ............................................................................................... 6

5. DEVELOPMENT DESIGN AND IMPACT AVOIDANCE ................................................ 7

6. RETAINED LANDSCAPE ELEMENTS ........................................................................... 8

7. PROPOSED LANDSCAPE PLANTING .......................................................................... 9

Areas ......................................................................................................................................... 9 Habitat Creation Principles ............................................................................................................ 9 Woodland..................................................................................................................................... 10 Hedgerow .................................................................................................................................... 10 Specimen Trees .......................................................................................................................... 11 Wildflower Grassland ................................................................................................................... 11 Magnesian Limestone Grassland ................................................................................................ 11 Biodiversity Pond Management and Creation ............................................................................. 12

8. MANAGEMENT AND MAINTENANCE ........................................................................ 13

9. REFERENCES ............................................................................................................... 14

Appendices

APPENDIX 1: REVISED INDICATIVE LANDSCAPE PLAN (SHEETS 1 & 2)

APPENDIX 2: MANAGEMENT AND MAINTENANCE SCHEDULE



January 2018 Page 1

1. SUMMARY 1.1 This Revised Landscape Strategy complements the Revised Biodiversity Strategy

(Application Document Ref. 5.14) and Chapter 11 of the Environmental Statement (Application Document Ref. 6.2). It includes the updated proposals set out in the Development Consent Order non-material change application submitted in January 2018.

1.2 The Revised Landscape Strategy seeks to outline the landscape design strategy to be further developed into detailed landscape proposals to replace the vegetation that will be lost due to the construction of the Proposed Development and further enhance the biodiversity, landscape and green infrastructure value on and around the Ferrybridge Multifuel 2 site.

1.3 The proposed strategy is based predominantly upon the creation of woodland, scrub, large areas of species rich neutral wildflower grassland, magnesian limestone grassland, and occasional specimen trees.

1.4 It is envisaged that the proposed strategy will result in a net gain of species rich neutral and magnesian limestone grasslands.



January 2018 Page 2

2. INTRODUCTION 2.1 The Ferrybridge Multifuel 2 (‘FM2’) Power Station Order 2015 (the ‘Order’) (S.I. 2015 No.

1832) was made by the Secretary of State (‘SoS’) for the Department of Energy and Climate Change pursuant to section 114 ‘Grant or refusal of development consent’ of the Planning Act 2008 on 28 October 2015. The order came into force on 19 November 2015.

2.2 The Order grants development consent, subject to certain provisions, for the ‘authorised development’ comprising an onshore electricity generation station (the ‘multifuel power station’) on land at and adjacent to the Ferrybridge Power Station site, with a gross combined installed generating capacity of up to 90 MWe fuelled by waste derived fuels, in addition to ‘associated development’ including an electricity grid connection, improvements to an access road and a foul water connection.

2.3 The full description of the authorised development is set out at Schedule 1 ‘Authorised Development’ of the Order.

The FM2 Site 2.4 The site proposed for FM2 (the ‘FM2 Site’) comprises almost entirely of land inside the

boundary of the Ferrybridge Power Station site, within the administrative area of Wakefield Metropolitan District Council (‘WMDC’). The Ferrybridge Power Station site is situated between the River Aire to the north and east and the A1(M) immediately to the west.

2.5 The FM2 Site itself extends to approximately 32 hectares (‘ha’) and consists primarily of land that originally formed part of the Ferrybridge Power Station golf course.

2.6 A detailed description of the Application Site and its location and surroundings is provided in the ‘Application Site Description Document’ (Application Document Ref. 5.2) submitted as part of the original Development Consent Order (‘DCO’) application.

The Proposed Development 2.7 The proposed development (the ‘Proposed Development’) comprises the multifuel power

station (the ‘onshore generating station’) and all the elements that are integral to it, including the fuel reception and storage facilities, combustion system, steam turbine and emissions stack, amongst other things.

2.8 In addition, it includes ‘Associated Development’ within the meaning of Section 115(2) of the PA 2008 that will support the operational of the multifuel power station. This comprises a connection to the electricity grid network, improvements to an existing access road and a new foul water connection.

2.9 The Proposed Development also includes temporary works connected with the construction phase, such as contractors’ compounds and laydown areas.

2.10 A detailed description of all the elements of the Proposed Development is provided in the ‘Proposed Development Description Document’ (Application Document Ref. 5.3) submitted as part of the original DCO application.

The Purpose and Structure of this Document 2.11 The primary objective of this Revised Landscape Strategy is the habitat enhancement

through the provision of soft landscaping, rather than seeking to visually screen the Proposed Development or integrate it within the landscape.



January 2018 Page 3

2.12 This document sets out a strategy to support and complement the Revised Biodiversity Strategy (Application Document Ref. 5.14) and Chapter 11 of the Environmental Statement (‘ES’) (Application Document Ref. 6.2), including details of plant species, mixes, sizes and numbers.

2.13 The remainder of this document is structured as follows:

• Section 3 summarises relevant planning policy;

• Section 4 describes the existing landscape features within the FM2 Site;

• Sections 5 and 6 set out how the Proposed Development has been designed to avoid and reduce impacts wherever possible, and the elements that will be retained; and

• Sections 7 and 8 describe the landscaping proposals and management and maintenance requirements.



January 2018 Page 4

3. PLANNING POLICY CONTEXT

National Planning Policy 3.1 Relevant national planning that has been considered within the preparation of the

Landscape Strategy includes:

• National Policy Statement (NPS) for Energy (EN-1) (Ref 3-2);

• NPS for Renewable Energy Infrastructure (EN-3) (Ref 3-3); and

• National Planning Policy Framework (NPPF) (Ref 3-1).

3.2 EN-1 section 5.10.20 details the requirements where green infrastructure is affected, specifically it states that “the IPC should consider imposing requirements to ensure the connectivity of the green infrastructure network is maintained in the vicinity of the development and that any necessary works are undertaken, where possible, to mitigate any adverse impact and, where appropriate, to improve that network and other areas of open space…...”

3.3 NPS EN-3 recognises that energy from waste projects will have specific impacts that are different from other energy infrastructure projects. Paragraphs 2.5.52 states:

“2.5.52 The IPC should expect applicants to seek to landscape waste/ biomass combustion generating station sites to visually enclose them at low level as seen from surrounding external viewpoints. This makes the scale of the generating station less apparent, and helps conceal its lower level, smaller scale features. Earth bunds and mounds, tree planting or both may be used for softening the visual intrusion and may also help to attenuate noise from site activities.”

3.4 The Government published the NPPF in March 2012. Whilst regard has been made to the NPPF policies set out below, Paragraph 3 of the NPPF is clear that it does not contain specific policies for NSIPs and these are to be determined in accordance with the decision making framework set out in the PA 2008 and relevant NPSs, as well as any other matters that are considered both important and relevant.

3.5 In respect of the natural environment, the NPPF states that “…the planning system should contribute to and enhance the natural and local environment by:

• recognising the wider benefits of ecosystems services;

• minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures…”

Local Planning Policy 3.6 The Wakefield Metropolitan District Council (WMDC) Local Development Framework

includes the following Development Plan Documents which have relevance to the landscape:

• Core Strategy (Ref 3-4);

• Site Specific Policies Local Plan (Ref 3-5); and

• Development Policies (Ref 3-6).

3.7 WMDC policies place particular emphasis on the protection, conservation and enhancement of woodland and wetland habitats, of wildlife habitat networks, increasing



January 2018 Page 5

the extent and value of GI and achieving the aims of the Wakefield Biodiversity Action Plan (BAP) (Ref 3-7).

3.8 The Core Strategy includes policy CS10 Design, Safety and Environmental Quality which CS10 expresses WMDC’s aim of protecting and enhancing environmental assets through the application of the principles of sustainable, safe, high quality design and to protect, enhance and manage the district’s historic and natural environment and, where appropriate, to create new assets.

3.9 The Site Specific Policies Local Plan includes Policy EZ18 (Land at Ferrybridge Power Station, Ferrybridge) which covers the Ferrybridge Power Station complex and a section of Fryston Park Wood lying immediately north of the site boundary. The policy states that “future development proposals must recognise, conserve and enhance the Fryston Park Wood Local Wildlife Site, which is situated in this zone.”

3.10 Relevant WMDC planning policies within the Development Policies document are discussed below.

Policy D6 - Wildlife Habitat Network

3.11 Policy D6 requires priority to be given to the protection and enhancement of trees and woodland throughout the district. It states that WMDC will support the planting of new woodland in urban and rural areas where this is sympathetic to local topography, enhances ecology and contributes positively to landscape character.

Policy D7 - Protection of Trees and Woodland

3.12 Policy D7 states that proposals for development should not only respect local character, but should incorporate appropriate measures to preserve, enhance or improve the character of the locality.

Policy D9 - Design of New Development

3.13 This policy aims to ensure that development proposals shall be appropriate to their context in terms of (amongst other things) scale, massing, layout, impacts on locally important views and skyline features. Additionally, it acknowledges the need to “retain, and where appropriate enhance important ecological and landscape features”. It also highlights the need to “incorporate high quality landscaping and boundary treatment”.

Policy D12 - Landscape Design

3.14 Policy D12 is aimed at protecting important existing landscaping identified in the Landscape Character Assessment and promotes the use of new landscape proposals to integrate the Proposed Development into its environment.



January 2018 Page 6

4. BASELINE CONDITIONS 4.1 Prior to the start of construction, the FM2 Site comprised a mix of landscape types,

including the Ferrybridge ‘C’ golf course, areas used for the construction of Ferrybridge Multifuel 1 (‘FM1’), areas of unmanaged scrub and open rough grassland.

4.2 The largest and most significant area of soft landscaping (in landscape and GI terms) was the former golf course area, which consisted of open improved grassland (approximately 8.0 ha in total), small woodland blocks (approximately 0.7 ha in total) and individual juvenile and semi-mature field trees (approximately 120 in total) laid out to define the individual fairways, tees etc.

4.3 The existing species mix within the FM2 Site was relatively poor and there is evidence of trees having been subject to poor management in the past, e.g. the use of inappropriate tree ties resulting in trees being 'strangled', trees guards being left in place and a lack of general tree management in line with best practice to both individual specimen trees and woodland blocks.

4.4 To the north of the FM2 Site is the mature deciduous woodland of Fryston Park Local Wildlife Site (‘LWS’), which is an important landscape feature locally and originally part of the woodland to the west of the A1(M) motorway prior to its construction.

4.5 To the west of the FM2 Site, adjacent to the unnamed road, is a narrow band of juvenile and semi-mature trees and shrubs which provide some biodiversity value.

4.6 The FM2 Site boundary extends into the working areas of the Ferrybridge Power Station complex, which include areas of unmanaged scrub and grass with occasional small groups of larger trees. None of these areas are considered important for their amenity value, although all are considered to have habitat and GI value.



January 2018 Page 7

5. DEVELOPMENT DESIGN AND IMPACT AVOIDANCE 5.1 Several measures are included in the Proposed Development design to avoid or reduce

impacts during the construction and operation on important landscape features, especially those of high biodiversity or ecological value. These include:

• avoiding impacts on semi-natural woodland; and

• not directly affecting any designated nature conservation sites, including Fryston Park LWS.

5.2 The majority of the FM2 Site is situated on land used for the construction of FM1, which was devoid of soft landscaping. However, the northern of the FM2 Site includes land that previously formed part of Ferrybridge Golf Course (note: Ferrybridge Golf Course is now situated to the west of the A1(M)). The northern section of the FM2 Site is currently used for construction laydown and it is also where the Northern Powergrid substation forming part of the Proposed Development is located.

5.3 Key elements of the Revised Landscape Strategy include:

• identification of existing landscape elements with potential for retention and protection;

• identification of areas with potential for advance planting;

• protection of peripheral trees and hedgerows;

• development of enhanced biodiversity of the site based upon existing prevalent species local BAP species; and

• integrating the proposed strategy with the approved FM1 landscape proposals.



January 2018 Page 8

6. RETAINED LANDSCAPE ELEMENTS 6.1 Established trees and hedgerows around the FM2 Site perimeter will be unaffected by the

Proposed Development, and it is expected that where these are within the control of the Undertaker, they will be maintained in accordance with good arboricultural practices.

6.2 Where possible, existing landscape features will be retained and protected following current best practice and guidelines, in particular the guidance document “British Standard 5837: 2012 Trees in relation to design, demolition and construction – Recommendations” (Ref 6-1).

6.3 Where work within close proximity to existing trees is unavoidable, it will be undertaken in accordance with best practice, in particular BS 5837: 2012 Trees in relation to design, demolition and construction - Recommendations and/or National Joint Utilities Group (‘NJUG’) Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees (Ref 6-2) as appropriate.



January 2018 Page 9

7. PROPOSED LANDSCAPE PLANTING 7.1 The Revised Landscape Strategy for the FM2 Site has been developed in close

association with the Revised Biodiversity Strategy (Application Document Ref. 5.14), with the aim of providing enhanced biodiversity and therefore GI value through the creation of a habitat mosaic and scattered trees.

7.2 The final arrangement of buildings and other associated structures are subject to the Rochdale Envelope, as defined in Chapter 3 of the ES (Application Document Ref. 6.2). As such, the landscape strategy drawing at Appendix 1 to this report is indicative only, with the Proposed Development footprint representing the maximum possible land take.

7.3 The creation of a range of different habitats will also benefit wildlife by creating a variety of micro-climates and maximising structural diversity, especially along the woodland edge, whilst enhancing the GI value. The proposed enhancement is considered sufficient to alleviate the small loss in biodiversity and GI as a result of the Proposed Development and will further enhance the FM2 Site and surrounding land in accordance with relevant planning policy.

7.4 It is proposed that, if possible, the implementation of the final landscape scheme will be undertaken during the first available planting season (November to March) after the completion of the construction works. However, where areas suitable for advanced planting are identified, implementation would be undertaken at the earliest practicable opportunity.

7.5 The landscaping proposals are illustrated in the indicative plan at Appendix 1 of this report, including the location of new planting and other habitat provision. The remainder of this section should be read in conjunction with the indicative plan.

Areas 7.6 The enhancement measures will be targeted towards two discrete areas within and in

close proximity to the FM2 Site, as follows:

• Land within the FM2 Site and connecting to landscaping provided for FM1 (Sheet 1 at Appendix 1); and

• Former agricultural land on the west side of the A1(M) motorway (Sheet 2 at Appendix 1), immediately adjacent to Ferrybridge Golf Course.

7.7 The area to the west of the A1(M) motorway affords opportunity to create a large area of magnesian limestone grassland on a site that is closely associated with the required supporting geology. The land to the west of the motorway also affords opportunity to improve existing habitat connections associated with the Fryston Park LWS.

Habitat Creation Principles 7.8 As the primary objective of the proposed landscaping is biodiversity enhancement, all of

the planting stock used will be of native British origin, and where practicable grown from local seed sources.

7.9 The proposed semi-natural habitats have been set out in such a way that they will contribute beneficially to the existing ecological value of Fryston Park LWS, extending habitat area and adding to the variation and structure of the habitats associated with the LWS. They also re-establish or replace the habitats of low ecological value lost to the Proposed Development and enhance the WHN (as required by Policy D6). An area of new native broad-leaved woodland will be planted as part of the landscape strategy.




Once established, the new woodland will benefit a range of flora and fauna, including those associated with the adjacent Fryston Park LWS.

7.10 To ensure the delivery of the agreed native planting scheme, the following principles will be applied:

• consultation will be undertaken with the Yorkshire Wildlife Trust and WMDC in advance of planting to identify at an early stage options for collection of locally native seed from species-rich grasslands for the purposes of the proposed grassland restoration after the above has been explored, remaining requirements for seed mixes and planting stock will be ordered as early as possible to facilitate that supply can be met without risk of substitution; and

• all seed mixes and tree and shrub stock will be sourced from a specialist producer of British native plants and who can source-identify all stock (i.e. not a non-specialist nursery that buys in stock or an agricultural/ general merchant that buys stock from diverse sources, including non-British sources).

7.11 In addition:

• native trees and shrubs will be sourced from a supplier which follows the Forestry Commission's Voluntary Identification Scheme for British Native Trees and Shrubs (Ref 7-1);

• grassland wildflower mixtures will be approved by DEFRA under the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002; and

• terms of supply will include a condition that no part of the order shall be substituted with stock of alternative species or origin and that any change must be mutually agreed.

7.12 Tree protection will either be through the use of a standard tree or shrub shelter (750 mm tall by 150 mm²) or through the erection of appropriate post and wire fencing with additional rabbit proof netting, dependent upon the final size and shape of the plantation.

Woodland

7.13 An area of broad-leaved woodland (approximately 0.95 ha) would be planted along the southern edge of Fryston Park LWS, creating a beneficial extension to the LWS. If topsoil stripping is required to create conditions for the establishment of the proposed Magnesian limestone grassland, then this will be deposited in this location and the trees will be planted on the resultant topsoil bunds.

7.14 The proposed species composition, based on the composition of the existing woodland and otherwise typical of the local area, downy birch (Betula pubescens), , field maple (Acer campestre), holly (Ilex aquifolium), pedunculate oak (Quercus robur), wild cherry (Prunus avium), and hazel (Corylus avellana).

7.15 Trees will be planted in single species groups of three to seven, and shrub species in groups of five to eleven, with a random distribution of species avoiding straight lines and regular geometric patterns. All tree planting is to be notch planted at 2 m centres into cultivated ground. All planting will also be supported by an appropriate timber stake, which together with the shelter, will be fitted as per manufacturer's recommendations.

Hedgerow

7.16 The proposed species-rich hedgerow (1.4 km), will form a new landscape feature and habitat linkage between existing woody habitats on the boundary of the A1(M) motorway




to the east and Fryston Park LWS to the north. It will also serve to screen the grassland from the golf course located to the west and farmland to the east.

7.17 The proposed planting mix will comprise species typical of native hedgerows regionally and include hawthorn (Crataegus monogyna), field maple (Acer campestre), spindle (Euonymus europaeus), dogwood (Cornus sanguineus ssp. sanguineus), field rose (Rosa arvensis), guelder-rose (Viburnum opulus) and hazel (Corylus avellana).

7.18 The hedgerow is to be notch planted into a 600 mm wide cultivated trench as a double staggered row 300 mm apart and at 300 mm centres, fitted with appropriate clear spirals and a single cane (all fitted as per manufacturer's recommendations).

Specimen Trees

7.19 Within the open grassland areas a variety of individual trees will be planted to provide additional biodiversity and amenity value. These will include alder (Alnus glutinous), Snowy mespilus (Amelachier lamarkii), silver birch (Betula pendula), cockspur thorn (Crataegus crus-galli), crab apple (ornamental) (Malus tschonoskii,) crab apple (ornamental) (Malus x zumi 'Golden Hornet)' bird cherry (Prunus padus) and English oak (Quercus robur).

7.20 All specimen trees will be planted as heavy standards in 900 x 900 x 600 mm tree pits, secured with a short double stake and appropriate ties and protected with an appropriate rabbit proof spiral. Tree pits will be prepared by scarifying their sides and breaking up a 150 mm deep layer at the bottom of the pit. All pits are to be backfilled with a mixture of selected excavated material (discarding large stones and deleterious material) and a suitable slow release fertiliser to the original soil horizons. Where it is clear that the excavated soils are of poor structural qualities a soil conditioner, such as peat-free compost made from recycled organic materials will be added to improve the condition.

7.21 In areas where it is clear that there is poor natural drainage, a layer (200 mm of gravel covered with a suitable geotextile membrane) will be added to the base of the pit. The depth of the pit will also be increased to 1,100 mmm to maintain a 900 mm depth of soil/ backfill material.

Wildflower Grassland

7.22 A significant proportion of the Site is proposed to be seeded with a wildflower grass seed mix (Germinal Seed WFG4 at 5 g/m²). This is the same approved wildflower grass seed mix as included in the approved FM1 landscaping scheme and will therefore provide the visual integration of both developments, whilst providing biodiversity, amenity and GI value. This grassland is neutral in character, which is a Wakefield BAP priority habitat.

7.23 All areas of bare ground within the woodland areas are to be grass seeded with Germinal Seeds A4 Low Maintenance grass seed mix at 35 g/m².

7.24 Where grassland abuts access roads or other hard surfacing, it may be deemed appropriate to maintain a short verge, in these cases the use of Germinal Seeds A4 Low Maintenance grass seed mix at sown at a density of 35 g/m² will be used.

Magnesian Limestone Grassland

7.25 A significant area (4.35 ha) of magnesian limestone grassland will be created to the south of Fryston Park LWS, to the west of the A1(M) motorway. There is a pre-existing limestone grassland interest associated with the LWS, which will be complemented and enhanced by the extensive open grassland to be created. This is a Wakefield BAP priority habitat. The rationale for the selection of this area, and its current status is




provided in Appendix B to the Revised Biodiversity Strategy (Application Document Ref. 5.14). It has been agreed with stakeholders that allowance of sufficient time for reduction of fertility is important for successful grassland creation, and that the timeline for grassland creation should reflect this.

7.26 The land proposed for magnesian Limestone grassland will be suitably prepared in advance of sowing, to reduce soil fertility to a more appropriate level. The options under consideration to achieve this are detailed in Appendix B of the Revised Biodiversity Strategy (Application Document Ref. 5.14).

7.27 The grassland seed mix sown will be appropriate to the local geographic context. In the first instance, consultation will be undertaken with the Yorkshire Wildlife Trust at an early stage to attempt to identify local unimproved native grasslands where seed could be harvested or green hay gathered for subsequent sowing. Currently it is understood that there are several options for sourcing seed. Only once this process has been explored as far as practicable would the use of commercially available native seed mixes be considered. Details of suggested commercial seed mixes are provided on the Indicative Landscaping Plan (see Appendix 1).

7.28 All magnesian limestone grassland will be sown at a density of 5 g/m².

Biodiversity Pond Management and Creation 7.29 A new pond will be provided to replace the existing man-made former golf course pond,

which will be lost to the Proposed Development. This may be combined with the surface water drainage attenuation pond if appropriate, or comprise a separate ‘biodiversity’ pond. The pond will be designed in such a way that it provides potential habitat for a range of freshwater and wetland flora and fauna. Typical species would include water forget-me-not (Myosotis scorpioides), water mint (Mentha aquatica), floating sweet-grass (Glyceria fluitans) and willowherb (Epilobium hirsutum).




8. MANAGEMENT AND MAINTENANCE 8.1 All landscaping will be subject to the proposed maintenance regimes described at

Appendix 2 to this report. However, following establishment, the grassland management regime will need to be subject to review dependent upon growth rates.

8.2 During the first five years after planting, all plants found to be dead or dying will be replaced within the first available planting season.




9. REFERENCES Ref 3-1 National Planning Policy Framework (NPPF)

Ref 3-2 Department for Energy and Climate Change (2011) National Policy Statement for Energy (EN-1)

Ref 3-3 Department for Energy and Climate Change (2011) National Policy Statement for Renewable Energy Infrastructure (EN-3)

Ref 3-4 Wakefield Metropolitan District Council (2009) Core Strategy Development Plan Document

Ref 3-5 Wakefield Metropolitan District Council (2012) Site Specific Policies Local Plan

Ref 3-6 Wakefield Metropolitan District Council (2009) Development Policies Development Plan Document

Ref 3-7 Wakefield Metropolitan District Council (undated) Wakefield Biodiversity Action Plan, available at www.wakefield.gov.uk/NR/...977B.../Biodiversity ActionPlans.pdf

Ref 6-1 British Standards Institute (2012) BS 5837: 2012 Trees in relation to design, demolition and construction – Recommendations

Ref 6-2 National Joint Utilities Group (2007) Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees

Ref 7-1 Forestry Commission (2002) Voluntary Identification Scheme for British Native Trees and Shrubs.

Ferrybridge Multifuel 2 (FM2) Document Ref: 5.13 Landscape Strategy

January 2018

APPENDIX 1: REVISED INDICATIVE LANDSCAPE PLAN (SHEETS 1 & 2)

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January 2018

APPENDIX 2: MANAGEMENT AND MAINTENANCE SCHEDULE

Maintenance Year 1 Maintenance Years 2, 3 & 4 Maintenance Year 5

Landscape Element Type

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Magnesian Limestone & Neutral Grassland

Removal of litter, rubbish and debris

Spot-treatment of undesirable species Establishment cuts (may occur pre-practical completion)

Subsequent cuts

Removal of arisings

Control of emerging scrub

Woodland

Spot-treatment of undesirable species

Hand-pulling of ragwort (if required)

Re-firming of plants

Inspection and adjustment of stakes, guards and ties

Pruning

Application of herbicide


January 2018



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Control of unwanted emerging scrub within plots

Watering (timing as required)

Thinning and coppicing


Replacement of failed/ failing plants

Removal of stakes and guards

Native Hedgerow

Spot-treatment of undesirable species


Application of herbicide

Watering (timing as required)

Replacement of failed/ failing plants


Specimen Trees




January 2018



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Application of herbicide (or hand weed)

Inspection and top-up of mulch as required (depends on location)

Formative pruning

Establishment watering (timing as required)

Replacement of failed/failing plants


Monitoring and Inspection

Monthly weed control inspection Annual inspection of all planted areas to record failed or defective plants

Monitoring of landscaped areas to access species diversity and establishment

DATED [ENTER DATE] ------------ BETWEEN WAKEFIELD ... · section 111 of the Local Government Act...

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