Our ref: SL/2007/102360/01-L01

Your ref: 2007/2970

Date: 24^th January 2008

Ann Biggs

Elmbridge Borough Council

Planning Policy

Civic Centre High Street

Esher

Surrey

KT10 9SD

Dear Ms Biggs,

Proposal: DEMOLITION AND COMPREHENSIVE REDEVELOPMENT OF HAMPTON COURT STATION, THE JOLLY BOATMAN SITE AND ADJOINING LAND TO INCLUDE 66 RESIDENTIAL UNITS, RETAIL AND COMMERCIAL FLOORSPACE (592 SQM), 46 BEDROOM HOTEL, 61 BEDROOM CARE HOME, REFURBISHED RAILWAY STATION, NEW TRANSPORT INTERCHANGE, NEW AREAS OF PUBLIC OPEN SPACE, CAR PARKING, HIGHWAYS IMPROVEMENTS AND WORKS TO THE THAMES RIVERBANK TOGETHER WITH OTHER WORKS INCIDENTAL TO THE PROPOSED DEVELOPMENT

Information

Reference: ENVIRONMENTAL STATEMENT - GLADEDALE GROUP LIMITED, NETWORK RAIL AND THE ROYAL STAR & GARTER HOMES, DATED OCTOBER 2007

Location: HAMPTON COURT STATION & THE JOLLY BOATMAN, HAMPTON COURT WAY, EAST MOLESEY, SURREY KT8 9AE

Thank you for consulting the Environment Agency on this planning application which we received on the 22^nd November 2007. We have the following comments:

The site has the following environmental constraints and opportunities:

Therefore the key issues and areas of interest for the Environment Agency at this site are:

The Environment Agency has no objections to the proposed development subject to the imposition of the following conditions on any planning permission granted.

As part of our new approach to major planning projects, we have been involved in pre-application discussion with the applicant regarding all of the following issues:

Flood risk and surface water drainage

The site lies within Flood Zone 3 as defined by Planning Policy Statement 25, Development and Flood Risk (PPS25). Flood Zone 3 refers to land where the indicative annual probability of flooding from non-tidal river sources is 1 in 100-years or less (i.e. it has a 1% or greater chance of flooding in any given year).

The modelled flood level on site from the Lower Thames Flood Risk mapping for the 100 year flood event is 8.41mAOD and the 100 year plus 20% (added for climate change) level is 8.96mAOD.

Floodplain Compensation

The proposed development will displace flood water. To be acceptable to the Environment Agency the applicant was required to provide level for level floodplain compensation. This is requested to ensure that there is no worsening of flood risk elsewhere.

Ground reprofiling of the Jolly Boatman site has been proposed for floodplain compensation up to the 1 in 50 year flood return period of the River Thames. Floodplain compensation for flood water displaced by the proposed development above the 1 in 50 year return period will be compensated for using geocellular storage because of the spatial restrictions on site. Flood storage in addition to the minimum storage requirements will be provided for in lower flood return periods, as proposed within the Flood Risk Assessment (FRA).   

Safe access

The FRA states that dry pedestrian access is available for the proposed development up to 9.0mAOD. We request the following condition in order to ensure a safe access route is agreed and installed:

CONDITION: Development shall not commence until details of a safe exit route, not adversely affecting the flood regime, to land outside the 1 in 100 plus 20% (added for climate change) year flood plain, are submitted to and agreed in writing by the local planning authority. This route must be in place before any occupancy of the building(s).

REASON: To provide safe access and egress during flood events and reduce reliance on emergency services.

Finished Floor Levels

We request the following condition in order to ensure floor levels are set as proposed in the FRA:

CONDITION: Finished floor levels for the proposed development shall be set no lower than 300mm above the 1 in 100 year plus 20% (added for climate change) flood level of 8.96mAOD, OR, where this is not practical, flood proofing measures shall be incorporated up to the 1 in 100 year plus 20% (added for climate change) flood level, at 9.26mAOD.

REASON: To protect the property from flooding.

Underground basement car park

As an underground basement car park has been proposed, we request the following condition in order to ensure increased protection from any flood waters:

CONDITION:    The entrance to all basements shall be set above 9.0mAOD, to allow for wave action, on all sides. 

REASON: To reduce the risk of flooding and inundation in the basements.

Surface Water Drainage

We commend the inclusion of sustainable drainage methods such as the 930m2 of Green roofs and 480m2 of gravels with planting that have been proposed. However, the FRA states that the site is 1.76ha and that the redevelopment proposes an increase in impermeable areas on site by an additional 8%. PPS25 requires that a separate drainage strategy is required. We therefore request the following condition:

CONDITION: No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed. 

REASON: To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

SI06 Agreement Recommendation

We strongly recommend that an agreement is drawn up within any S106 agreement for regular maintenance of the cellular storage used for surface water attenuation and floodplain compensation. If the storage became blocked through lack of maintenance, flood risk both on the site and elsewhere could be increased.

Please note that we are reliant on the accuracy and completeness of the reports in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors.

Water related recreation, public amenity, navigation & waterways operation

The main interest for the Waterways department at the proposed development site is the improvement and future use and access to the Passenger Vessel Landing Wharf downstream of Hampton Court Bridge and the public realm connecting to that facility.

At pre application meetings with the designers/consultants working for the applicant this has been the primary focus of our attention. However during those meetings our Recreation officer did request that the applicant should consider how the proposal as a whole will relate to the public route to Hampton Court Bridge and Hampton Court Palace with a particular emphasis on the views from and to the River Thames and from and to Hampton Court Palace. Please note the comments related to this aspect under the `Landscape Architecture' section of this response.

The design presented for the Wharf with the terraces and steps includes improved wharf edge levels that better meet river water levels for improved access and use of the wharf by passenger vessels. These designs have the least effect, compared with other previously proposed options such as floating pontoons, on the gravel river bed so it will be more protective of fish populations. We note that the wharf is often used in connection with events at Hampton Court Palace for water transport links so we consider that this design will better serve that interest and therefore the experience for tourists visiting the site.

Also the design of public terraces meeting the steps and wheel chair ramp will improve the public amenity of this important public space and wharf. We consider that this new design will better `self manage' connectivity to the River Thames and give the location a new status.

The proposed public realm between the proposed hotel and the edge of the wharf terraces includes a design feature in relation to proposed mitigation that provides for underground flood storage and the surface removes the present mixed levels formed by the existing side road. We accept the form of this public open space for the manner in which it meets the riverside terraces and steps as it will improve access but we consider that there is scope for additional landscaping in this area.

Landscape Architecture

The Environment Agency has a duty to further the conservation and enhancement of natural beauty when fulfilling it's water management functions including it's role as a Statutory Consultee. After reviewing the submitted information related to the `Public Realm and Landscape Strategy' and the `Townscape, Heritage & Visual Assessment', we have the following comments:

The proposed development appears likely to have a detrimental impact on the visual amenity and landscape character of the area, due to the scale, bulk and density of the development, the proximity to the river and the poor quality of the building plans and design which consists of uniform blocks which present a somewhat regimented and poorly considered elevation to the river.

The Environment Agency is very concerned about the adverse effect this scheme would have on the landscape character and important river views in this iconic, sensitive riverside location on the River Thames opposite Hampton Court, and on the surrounding open green space on and beside Cigarette Island.

In addition, the Environment Agency is a partner of the Thames Landscape Strategy Hampton to Kew and is supportive of the views expressed by the Strategy in it's letter dated 15th January 2008 and of the policies contained in the Strategy that are relevant to this area. The Environment Agency is also sympathetic to and supportive of the concerns that Historic Royal Palaces have in regard to the impact this scheme would have on the character of the area and the environs of Hampton Court and Hampton Court Bridge.

Impact on ecology and the mitigation/compensation measures

Following review of the submitted information, we request the following conditions in order to ensure that suitable ecological mitigation and compensation measures are incorporated into the development. We ask that we be consulted on any details submitted in compliance with these conditions:

Lighting

The corridor adjacent to a watercourse provides important habitat foraging bats which feed on invertebrates and utilise tree and hedgerow lines as commuting routes which are disrupted by artificial lighting, particularly at dawn and dusk. Please contact the Environment Agency for further information on river corridors for the benefit of wildlife.

River channels and waterbodies with their wider corridors should be considered Intrinsically Dark Areas and treated as recommended under the Institute of Lighting Engineers “Guidance Notes for the Reduction of Light Pollution”.

CONDITION: There shall be no light spill into adjacent natural terrestrial and aquatic habitats. To achieve this, and to comply with sustainability, artificial lighting should be directional and focused with cowlings to light sources in close proximity to the wetland habitat.

REASON: Artificial lighting disrupts the natural diurnal rhythms of a range of wildlife using/inhabiting the river and its corridor habitat.

Passenger Vessel Landing Wharf

We support the incorporation of the new landing stage as stated elsewhere in this response, but we consider that further mitigation measures can be incorporated in order to enhance the area for fish. We therefore request the following condition to ensure that final designs and levels are agreed before construction:

CONDITION: No development approved by this permission shall be commenced until a final design for the terraces, wheelchair access ramp, steps and wharf (landing stage) riverside edge levels have been approved by and implemented to the satisfaction of the Local Planning Authority. This shall include the enhancement of the river wall for fish.

REASON: To protect and conserve the adjacent river Thames `Site of Metropolitan Importance' and to reduce impacts on the aquatic habitat and species. Also to mitigate for loss of overhanging refuge and increased disturbance in this area.

Green Roofs

We support the inclusion of green roofs but require full detail of the structures through the following condition:

CONDITION: The design and location of the living roofs shall be submitted to and approved in writing by the Local Planning Authority before the construction of any of the buildings commences. This must include location, design, dimensions and materials.

REASON: To ensure best practice measures are included in the design of these features and mitigation for loss of habitat.

Landscaping and treatment of the river buffer zones

CONDITION: A landscape management plan, including long term design objectives, a planting scheme, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The landscape management plan shall be carried out as approved.

REASON: To protect/conserve the natural features and character of the area.

CONDITION: A Buffer Zone 8 metres wide alongside the River Ember shall be established in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before the development commences.

REASON: To maintain and protect the character of the watercourse and to provide undisturbed refuges for wildlife using the river corridor.

CONDITION: No development approved by this permission shall be commenced until a planting scheme for the site, has been approved in writing by the Local Planning Authority. The approved scheme shall be carried out in accordance with a programme for planting and maintenance related to stages of completion of the development.

REASON: To protect, restore or replace the natural features of importance within or adjoining the watercourse.

CONDITION: No development approved by this permission shall be commenced until an Ecological mitigation, compensation and enhancement scheme and an Environment Management Plan, has been submitted and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details. This scheme shall outline the detailed design of all ecological mitigation, compensation and enhancement measures listed within the Environment Statement dated October 2007 including native tree and shrub planting; creation of 930m² living roof; provision of bat boxes and bird boxes. This shall include a scheme for the protection and enhancement of the buffer zone to the River Ember.

The scheme shall include design plans and layout, materials, timings, methods of construction and species lists for planting. The works shall be undertaken in accordance with the approved details.

REASON: To protect and conserve the natural features of importance for biodiversity across the site and to ensure that best practise measures are adopted through construction and in on-going maintenance of the site.

Please note that there must be no contamination (e.g. by silt, oil, rubble or any other debris or pollutants) of the adjacent buffer zone if development proceeds. There must be no fires, dumping, storage of materials or tracking of machinery within the buffer zone which should be suitably marked and protected during development. The developer should avoid gaining access, storing materials and spoil spreading on this adjacent buffer zone area of important wildlife habitat.

Prevention of pollution to Groundwater & potential contaminated land remediation

This site is situated in a sensitive area regarding groundwater protection. It is underlain by the Alluvium over a major gravel aquifer and is close to the Rivers Thames, Ember and Mole. Groundwater is relatively shallow below ground level at approximately 3 - 5 mbgl.

Environmental Statement Chapter 6 Ground Conditions

Two reports have been included as part of this section of the Environmental Statement as listed below:

Based the information contained in these two reports and the main text of the Environmental Statement, we have the following comments regarding ground contamination at this site:

The Environmental Statement detailed potential contamination at the site due to the former uses of the land as a railway, goods depot, parking area and coal depot. In addition to this, oil staining was noted on the ground in the car parking area, fly tipping of waste on the Jolly Boatman site was observed and in filled made ground is present across the site. These aspects present potential pollution risks and previous investigations at the site detected minor contamination in the made ground. This report identified a low to medium risk to controlled waters but did not note that the gravel aquifer is a major aquifer and therefore only considered surface waters as receptors.

The Phase II report involved intrusive investigation of the site. The investigation detected minor exceedances of the screening levels for Arsenic, Copper, Barium and PAH within the made ground. There were slightly elevated Arsenic and PAH concentrations in the groundwater. The risk assessment determined that the risk to controlled waters was low, however this assessment relied on the site being covered by hardstanding. There is therefore the potential for an increased risk during site works and foundations mobilising contaminants in the made ground.

The sustainability report in the EIA discusses the use of Sustainable Urban Drainage (SUDS) at the site. If these systems are to be designed to discharge to ground this could also increase the risks to controlled waters.

Therefore based on the above, we suggest that a watching brief is maintained during site works and if any further contamination is detected, the Local authority and the Environment Agency should be contacted for further advice.

We also suggest that if SUDS are to be used and will infiltrate to ground that the risk assessment is reviewed to ensure that this will not create an unacceptable risk to groundwater. We therefore request the following conditions to ensure protection of groundwater and to reduce any risk of contaminating land:

CONDITION: No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters.

REASON: The risk assessment completed in the Phase II report (referenced above) relied on the presence of hardstanding across the site. Minor contamination in the made ground presents a risk to controlled waters if SUDS that infiltrate to to ground are used. The groundwater in the river gravels is very shallow below ground level and is therefore at risk.

CONDITION: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

REASON: Contamination is present in the made ground. Piling has the potential to mobilise contamination and therefore presents a risk to controlled waters.

CONDITION: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

REASON: Due to the size of the development site, there may be areas of localised contamination that may present a risk to controlled waters. These localised areas could be discovered during construction.

Environmental Statement Chapter 7 - Water Resources and Flood Risk

Chapter 7 details the large underground basement structure that is proposed for the new development. Groundwater is very shallow below ground level on the site and therefore the basement will be deeper than the water table in the gravel aquifer. The developer should complete a risk assessment to show how the basement will impact on groundwater flows in the gravels and how they intend to mitigate the risk of a build up of groundwater in the up-gradient location. The reports within the Environmental Statement states that they will produce drainage plans for the movement of the groundwater around the structure. The Environment Agency wishes to see these plans. We therefore request the following condition:

CONDITION: Drainage plans for the movement of groundwater around the basement structure should be submitted to the local planning authority.

REASON: To prevent groundwater flooding. The reports within the EIA states that they will produce drainage plans for the movement of the groundwater around the structure. The Environment Agency wishes to be consulted on these plans.

This condition should be used in conjunction with the surface water condition requested earlier in this response.

Pollution prevention and control measures

Any work carried out near to rivers must incorporate precautions to completely protect the watercourse from pollution, silting and erosion to prevent pollution of the water.

The rivers within the vicinity if the site are controlled watercourses and it is an offence to deliberately or accidentally pollute controlled waters. Dewatering operations may be necessary to complete the proposed works, therefore please note, the formal consent of the Environment Agency is required for many discharges to controlled water.

For further information regarding pollution prevention see the hyperlink below. Pollution Prevention Guides 5 and 6 (Works in, near or liable to affect watercourses, and, Working at construction and demolition sites) are particularly relevant to the proposed works.

http://www.environment-agency.gov.uk/business/444251/444731/ppg/?version=1&lang=_e

Any above ground facilities for the storage of oils, fuels or chemicals should be provided with adequate, durable secondary containment to prevent the escape of pollutants. The bunded area should be designed, constructed and maintained in order that it can contain a capacity not less than 110% of the total volume of all tanks or drums contained within it. All filling points, vents, gauges and sight glasses should be bunded. Any tank overflow pipe outlets shall be directed into the bund. The installation must, where relevant, comply with the Control of Pollution (Oil Storage) (England) Regulations 2001.

Please note that all discharges to the foul sewer require authorisation from the sewerage undertaker (Thames Water Utilities Limited) and may be subject to the terms and conditions of a trade effluent consent.

Invasive species such as Japanese Knotweed will need to be destroyed as they can cause damage to flood/river walls and can cause landscaping maintenance problems on a long term basis. Please contact the Environment Agency for further advice and guidance on how to dispose of such invasive species if found on the site.

Please also refer to the following link to our web page on sustainable development and specifically to `A Guide for Developers' which provides practical advice on making developments better for people and the environment.

http://www.environment-agency.gov.uk/developers

Regulatory informatives

Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is required for dewatering from any excavation or development to a surface watercourse.

Under the terms of the Water Resources Act 1991, the prior written consent of the Environment Agency is required for any discharge of sewage or trade effluent into controlled waters (e.g. watercourses and underground waters), and may be required for any discharge of surface water to such controlled waters or for any discharge of sewage or trade effluent from buildings or fixed plant into or onto ground or into waters which are not controlled waters.

Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws 1981, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8 metres of the bank of a non-tidal main river.

Under the terms of the Salmon and Freshwater Fisheries Act 1975 it is an offence to disturb spawning fish or their habitats.

Contact the Environment Agency for further details on any of the above regulatory informatives.

Should you have any queries regarding the above, or require any further information, please do not hesitate to contact me.

Yours faithfully

Mr Jack Hayes

Major Projects Officer

Direct dial 0207 091 4029

Direct fax 0207 091 4090

Direct e-mail [email address]

cc Planning Potential Ltd.

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Environment Agency

30-34 Albert Embankment, London, SE1 7TL.

Customer services line: 08708 506 506

Email: [Environment Agency request email]

www.environment-agency.gov.uk

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Environment Agency

30-34 Albert Embankment, London, SE1 7TL.

Customer services line: 08708 506 506

Email: [Environment Agency request email]

www.environment-agency.gov.uk

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