AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 64

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1 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report Conclusions It can be concluded from the scoping report that the following topics should be scoped in for further assessment in the EIA: Ground Conditions; Surface Water Quality and Flood Risk; Cultural Heritage; Ecology; Landscape and Visual; Air Quality; Noise and Vibration; Transport; Waste; and Socio- Economics. Further assessment will establish the likelihood of the significance of these effects, together with the potential to reduce them through mitigation measures. The scheme will be permanent infrastructure (twin track metro line). Unlike many schemes, there are no proposals for the tram to become decommissioned and for all intents and purposes it should be considered a permanent development of undefined longevity. It is therefore considered that it would not be appropriate to assess a decommissioning phase for this scheme.

2 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 65 References AECOM (2013) Wolverhampton City Centre Extension Old steam Mill Track Alignment Optioneering. Aerial Photography ( checked 2013), BCT Bat Surveys: Good Practice Guidelines, 2nd edition (2012) Bird Monitoring Methods by Gillian Gilbert, David W Gibbons and Julianne Evans (RSPB, 1998) Biodiversity Action Reporting System (BARS) Birmingham City Council Website 7&pagename=BCC%2FCommon%2FWrapper%2FWrapper Birmingham & The Black Country Biodiversity Action Plan Black Country Core Strategy, Dudley, Sandwell, Walsall and Wolverhampton Councils (adopted 2011); British Standard 5228:2009 Code of practice for noise and vibration control on construction and open sites British Standard :2008 Guide to evaluation of human exposure to vibration in buildings, Part 1: Vibration sources other than blasting British Standard 8233:1999 Sound insulation and noise reduction for buildings Code of practice Canal and Rivers Trust, Code of Practice for Works Affecting the Canal and Rivers Trust (April 2013) Communities and Local Government (2010) Planning Policy Statement 25: Development and Flood Risk [online] Construction Industry Research and Information Association (CIRIA) guidance documents (various) Design Manual for Roads and Bridges (DMRB) Volume 11, Section 3, Part 5; DEFRA, Multi-Agency Geographic Information for the Countryside (MAGIC) website [online] Department for Communities and Local Government (2012) National Planning Policy Framework [online] Department for Communities and Local Government (2012) Technical Guidance to the National Planning Policy Framework [online] Dudley, Sandwell, Walsall and Wolverhampton Local Authorities, Black Country Core Strategy (adopted February 2011) EcoRecord Environment Agency (2012) Interactive Mapping [online] Environment Agency (2009), Humber River Basin Management Plan Environment Agency (2004), Getting Your Site Right: Industrial and Commercial Pollution Prevention Environment Agency (various), Pollution Prevention Guidelines European Commission (2000) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy [online]

3 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 66 Environmental Protection UK s report (2010), Development Control: Planning for Air Quality. Guidelines for Landscape and Visual Impact Assessment 3 (GLVIA 3), Institute of Environmental Management and Assessment, 2013; HM Government (2010) Flood and Water Management Act 2010 [online] HM Government (2003) The Water Act 2002 [online] HM Government (1991) Water Resources Act 1991 [online] HM Government (1991) Land Drainage Act 1991 [online] Institute of Ecology and Environmental Management (IEEM). Guidelines for Ecological Impact Assessment in the United Kingdom (version 7 July 2006) Institute of Air Quality Management (2012) Guidance on the Assessment of the Impacts of Construction on Air Quality and the Determination of their Significance; Interim Advice Note 135/10 Landscape and Visual Effects Assessment; Jacobs (2009) The Black Country Strategic Flood Risk Assessment [online] Jacobs (2009) Wolverhampton City Council Level 2 Strategic Flood Risk Assessment [online] 66FB7837CFD0/0/WolverhamptonLevel2SFRAMainReport.pdf JNCC Handbook for Phase 1 Habitat Survey (2010). Landscape Institute Advice Note 01/11 Photography and Photomontage in Landscape and Visual Assessment. Landscape Character Assessment: Guidance for England and Scotland, Countryside Agency and SNH publication Local Development Scheme, Wolverhampton City Council (adopted 2012); Multi-Agency Geographic Information (MAGIC) National Biodiversity Network (NBN) gateway National Planning Policy Framework, UK Department of Communities and Local Government, 2012; Natural England, Nature on the Map Natural Environment and Rural Communities Act 2006 National Planning Policy Framework (NPPF) Noise Policy Statement for England (Department for the Environment, Food and Rural Affairs) Scott Wilson, (2009) Black Country Water Cycle Study and the Scoping Surface Water Management Plan Springfield Brewery Conservation Area Appraisal, Wolverhampton City Council (2003); The Conservation of Habitats and Species Regulations 2010 (as amended)

4 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 67 The Countryside and Rights of Way Act 2000 The Hedgerows Regulations 1997 The Protection of Badgers Act 1992 The UK Post-2010 Biodiversity Framework 2012 The Wildlife and Countryside Act 1981 (as amended) Unitary Development Plan, Wolverhampton City Council (adopted 2006); Union Mill Conservation Area Appraisal, Wolverhampton City Council (1985); Wolverhampton City Centre Conservation Area Appraisal, Wolverhampton City Council (1972); Wolverhampton City Council (2009) Wolverh1ampton City Council Local Development Plan. Wolverhampton Unitary Development Plan (2006, revised 2009) Wolverhampton City Council (2006) Air Quality Action Plan; Wolverhampton City Council (2012) Updating and Screening Assessment

5 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 68

6 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 69 Figures Figure 1 Proposed Scheme Alignment Figure 2 Environmental Constraints Figure 3 Ecological Constraints

7 ISO A1 594mm x 841mm KEY PROPOSED TRAM ALIGNMENT PROPOSED TRAM STOP PROJECT Checked: MC Approved: REM PROPOSED REALIGNED KERB WOLVERHAMPTON CITY CENTRE EXTENSION Designer: RPG CLIENT Project Management Initials: CONSULTANT Filename: F:\TP\PROJECT\TRAFFIC - WOLVERHAMPTON CITY CENTRE METRO EXTENSION\5 - DESIGN\5.1 - DRAWINGS\INTERNAL\WCCE-PDP-100_RECOVER.DWG Last saved by: GARDINERRP Last Plotted: AECOM Colmore Plaza Colmore Circus Queensway, BIRMINGHAM B4 6AT tel fax ISSUE/REVISION C02 04/11/2013 SCHEME REVISED C01 MARCH 2013 I/R DATE FIRST ISSUE DESCRIPTION KEY PLAN PROJECT NUMBER SHEET TITLE PLAN SHEET NUMBER PLAN SCALE 1:500 Printed on % Post-Consumer Recycled Content Paper WCCE-PDP-100 Crown copyright. All rights reserved Licence Number

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10 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 73 Appendix A Key Legislation The Water Framework Directive (WFD, 2003) The WFD (2000/60/EC) was transposed into law in England and Wales by the Water Environment (Water Framework Directive) Regulations These regulations implement a holistic approach to the management, protection and monitoring of the water environment. The aim of the WFD is to prevent further deterioration and protect and enhance the status of aquatic ecosystems and associated wetlands, promote sustainable water consumption, and contribute to mitigating the effects of floods and droughts. The Flood and Water Management Act (2010) The Flood and Water Management Act 2010 intends to provide better, more comprehensive management of flood risk for people, homes and businesses. It also tackles bad debt, improve the affordability of water bills, and help ensure continuity of water supplies. In particular, it encourages the uptake of sustainable drainage systems by removing the automatic right to connect to sewers and providing for unitary and county councils to adopt SUDS for new developments and redevelopments. The Land Drainage Act (1991), as amended by The Water Act (2003) The Land Drainage Act 1991 as amended by the Water Act 2003, places responsibility for maintaining flows in watercourses on landowners. Classified watercourses maintained by the Environment Agency (EA) are termed Main Rivers. The EA has powers to control works in, over, under, on the banks of, within 7 to 10m of the top of the bank of the river, and of all floodplain areas under the Land Drainage Act 1991 (as amended) and Water Resources Act 1991 (as amended) through the issuing of Land Drainage Consents. The Water Resources Act (1991), as amended by The Water Act (2003) Under the Water Resources Act 1991 (section 85) it is an offence to cause or knowingly permit poisonous, noxious, or polluting matter, or any solid waste matter to enter controlled waters (which include rivers). The consenting regime for discharges to controlled waters is set out in the Environmental Permitting (England and Wales) Regulations The Environmental Damage (Prevention and Remediation) Regulations 2009 These regulations implement the Environmental Liability Directive in England. There is liability for activities requiring Environmental Permits; discharges to water; groundwater discharges; water abstraction or impoundment, amongst others. Environmental damage in relation to water quality refers to adverse effects on surface water or groundwater consistent with deterioration in the water s status (WFD term). National Planning Policy National Planning Policy Framework (NPPF, 2012) The NPPF was published on 27 March 2012 (superseding Planning Policy Statement 25 (PPS25)) and is supported by the Technical Guidance to the National Planning Policy Framework. The NPPF seeks to ensure that climate change is taken into account over the longer term including factors such as flood risk, coastal change, water supply and changes to biodiversity and landscape. New development should therefore be planned to avoid increased vulnerability to the range of impacts arising from climate change. Where new development is brought forward in areas which are vulnerable to the range of impacts arising from climate change, care should be taken to ensure that flood risk can be managed through sustainable adaptation measures. In relation to flood risk, inappropriate development in areas at high risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere and taking into account the impacts of climate change.

11 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 74 Building Regulations Part H (2000) Buildings Regulations Part H provides guidance in terms of foul drainage, wastewater treatment systems and cesspools, rainwater drainage, building over sewers, separate systems for drainage and solid waste disposal. In relation to flood risk, Buildings Regulations Part H states a hierarchy of where surface water should discharge. This hierarchy should be followed were practicable, and is listed below: 1) Infiltration 2) Watercourses 3) Public sewers Sewers for Adoption (7th Edition, 2012) Sewers for Adoption is a document which has become the standard for the design and construction of sewers to adoptable standards in England and Wales. It acts as a guide to assist developers in preparing their submission to a sewerage undertaker before they enter into an Adoption Agreement under Section 104 of the Water Industry Act Local Planning Policy Local Plan (previously referred to as Local Development Framework) Wolverhampton City Council is currently drafting a Local Plan that will set out planning policy adhering with the NPPF discussed above. A City Centre Area Action Plan is being currently being developed as part of this. Two documents that are part of this Plan are: the Wolverhampton Unitary Development Plan (UDP) (adopted 2006; revised 2009) and Black Country Core Strategy (BCCS) (adopted 2011). Policies from these documents of relevance are as follows: EP2 - Environmental Impact Assessments (UDP); EP7 - Protection of Floodplains (UDP); ENV4 - Canals (BCCS); and ENV5 - Flood Risk, Sustainable Drainage Systems and Urban Heat Island (BCCS). Strategic Flood Risk Assessment The Black Country Strategic Flood Risk Assessment (SFRA) (Level 1) was prepared by Jacobs during February The Black Country encapsulates the boroughs of Wolverhampton, Wallsall, Sandwell and Dudley and was driven by the requirements of PPS25 (now superseded by NPPF) for local planning authorities to review the variation in flood risk across their district, and to steer vulnerable development (e.g. housing) towards areas of lowest risk or to demonstrate that there are sustainable mitigation solutions available that will ensure that the risk to property and life is minimised (throughout the lifetime of the development) should flooding occur. Relevant information from the SFRA has been used to inform the appraisal of flood risk to the route. The Level 2 Strategic Flood Risk Assessment was prepared by Jacobs during September The primary purpose of the Level 2 SFRA is to build upon the findings of the Black Country Level 1 SFRA, and to assess in further detail the potential risk of flooding to potential development sites. This SFRA focuses on the Bilston Corridor and Stafford Corridor. Regeneration is also proposed for Wolverhampton City Centre, but the City Centre Area Action Plan (AAP) has been omitted from the Level 2 SFRA process as the degree of flood risk is recorded as being generally low.

12 AECOM Wolverhampton City Centre Metro Extension Environmental Impact Assessment Scoping Report 75 The Black Country Water Cycle Study and the Scoping Surface Water Management Plan Report (Scott Wilson, 2009) was reviewed for information. Neither report contained any relevant information for the study area. Wolverhampton Council is yet to set up a SUDS Approval Body and would refer to the Environment Agency for technical advice on the adequacy of SUDS proposals.

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