Energy and Climate Change CommitteeWritten evidence submitted by the National Farmers Union (SEV28)

Introduction

1. The NFU is the largest farming organisation in the UK, providing a strong, respected and independent voice for the industry on behalf of some 56,000 Farmer & Grower members in England and Wales. In addition, we have around 40,000 Countryside members with an interest in farming and the countryside.

2. The idea behind an energy producing barrage in the Severn Estuary has been put forward periodically over many years. Most recently, in 2007 the Sustainable Development Commission (SDC) supported the building of a Severn Barrage, providing a number of strict conditions were met, following which a government-backed Severn Tidal Power Feasibility Study investigated but decided not to proceed with plans to build the Severn Barrage. The idea has now once again been revived in light of interest in the venture from the private sector, and in particular in relation to the Cardiff-Weston proposal assessed by the study.

3. The NFU supports renewable energy deployment, especially on a small-to medium scale where farmers can play an active role recycling waste streams and producing renewable energy for local consumption. At a larger deployment scale, while supporting the drive to reduce carbon emissions, our principal concern is with the impact of any development and the measures required to mitigate the effects of that impact on members’ farm businesses and productive farmland. With this in mind, while in principle we have no objection to the Severn Barrage proposals, our two biggest concerns are (a) how are people to be compensated for land that is at a greater risk to flooding due to the construction of the barrage and (b) if compensatory habitat is required to protect Natura 2000 goals through compulsory purchase orders, through what process will people be compensated. We also have some concerns over the impact on tidal regime and coastal erosion, as well as the possible closure of Bristol Port if the Cardiff-Weston Barrage proceeds.

Flood Risk

4. If a Severn Barrage is built it is inevitable that water levels, upstream, will rise, or at least remain at a higher level, rather than dropping with the tide. The NFU believe it is only fair that landowners upstream—where their land is affected due to increased flood risk, changes in erosion and a higher water table—are able to claim compensation. The current state of the law suggests that the builders of the barrage would be liable if they are deemed to be diverting typical or normal flooding. While this would seem to suggest that landowners would be able to claim compensation, it is vital that this is confirmed before any work goes ahead. We will therefore be asking the government, in the event that the barrage goes ahead, to ensure there is provision for compensation to be paid to land/property owners/occupiers whose land/property suffers damage as consequence of the construction or operation of the barrage and where the damage arises as a result of flooding, increased flooding, groundwater level rise or erosion.

5. The Cardiff Bay Barrage, which can be used as precedent, was authorised by the Cardiff Bay Barrage Act 1993. In this case the Act contained provisions for ascertaining, preventing and repairing damage to property resulting from alterations in the groundwater levels as a consequence of the construction of the Barrage (section 21 and schedule 7), as well as obliging the developers to keep groundwater levels under review. Under these provisions owners/occupiers could request a survey up to 20 years after the water was impounded, and required the developer to undertake necessary remedial works identified by the survey, or to pay compensation. So in the case of the Severn Barrage it is essential that the legal framework for the construction and operation of the Barrage contains similar provisions.

6. We would also expect much more detailed analysis of the flood risk posed by a Severn Barrage to surrounding land. In particular, while tidal flooding issues are well addressed in existing reports, the potential effects of the barrage on fluvial flooding have been somewhat overlooked, despite the fact that the area of land and number of properties which are potentially at risk from fluvial flooding in the Severn Vale are greater than those at risk from tidal flooding. Any development within the estuary (such as the barrage) which might reduce the flow of water from the river out to sea could significantly increase the fluvial flood risk within the Severn Vale. The detailed effects of the barrage on river water levels and flows therefore require vital further study.

Compensatory Habitat

7. The Severn Estuary is designated under the EU Habitats Directive as a Special Area of Conservation (SAC). Under the Article 6(4) of the Habitats Directive a Member State “must take appropriate compensatory measures to ensure that the overall coherence of the N2000 [Natura 2000] Network is protected.” The exact nature of these “compensatory measures” is unclear as they are all viewed on a case by case basis. However, precedent would suggest that a large amount of land would have to be reclaimed to attempt to replicate the environment that will be lost if the barrage is constructed. The SDC guidance says on compensation measures that “ratios should be generally well above 1:1” and that like for like compensation could only be justified where there was evidence that the new site would be 100% effective at re-instating the lost habitats. So, for example, for the Cardiff Bay Barrage the compensatory habitat was twice the area of the original habitat.

8. The SDC suggests that the best way to achieve this compensation would be the surrendering of low-grade farmland to the sea. Around 20,000 hectares, or 30,000 if the 2:1 Cardiff Bay ratio is used, could be compulsorily purchased to compensate for habitat loss. The potential loss of such a large amount of farmland is obviously extremely concerning to the NFU, not least because of the impact on UK food security, as well as the local impact on affected farm businesses and rural communities. Before construction of the barrage is given the go ahead, there are crucial questions that will need addressing: How will any compensatory habitat required be chosen? Where will it be located? What will the extent of the compensatory habitat be? What provisions will there be for landowners or occupiers whose land is acquired for compensatory habitat, or otherwise affected by the creation, recreation or designation of compensatory habitat, to make representations? Will any compulsory purchase orders take into account loss of livelihood as well as assets? What explicit recognition will there be of the value of farmland with regard to food security when assessing farmland for potential compensatory habitat? Before plans for a Severn Barrage progress, these questions must be answered adequately.

Coastal Hydrology and Tidal Regime

9. During discussion of previous barrage proposals, concern has been expressed by farmers and growers over any changes in the “downstream” impact on tidal regime and coastal erosion. There is much uncertainty as to what this impact will be. Vulnerable sea defences may be exposed to increased wave or tidal action, while river flows during flood events from the River Parrot catchment may also be impeded, increasing flood risk at time of peak flow in the low-lying Somerset Levels. It is crucial that a detailed assessment of these impacts is undertaken before any plans for a Severn Barrage are given the green light. The upstream impact will be entirely different and the consequences of a new tidal regime in relation to the drainage of surface water from low-lying areas needs to be fully explored and understood.

Bristol Port

10. In the 2010 feasibility study, the report stated that the Cardiff-Weston scheme could adversely affect access to the Estuary ports, with possible delays perceived as an unnecessary risk for port customers, impacting on the competitiveness of the ports. In a worst case scenario, this could lead to closure of Bristol Port, according to the study. The loss of such an important regional import/export facility would mean major cost increases for farmers as far afield as Warwickshire and Oxfordshire who benefit from access to non-local and overseas markets. The developers behind the proposal must set out how they plan to ensure the Estuary ports such as Bristol will continue to operate if construction of the barrage goes ahead, not only to current levels, but to the increased levels of capacity over coming years which are currently expected.

Conclusion

11. The NFU welcomes this opportunity to look again at a Severn Barrage; as energy demand and the need to decarbonise our energy production increases we will have to look new methods of energy production. The NFU is technology neutral when it comes to how to decarbonise energy production, so we would not support or oppose a Severn Barrage until a specific proposal is made. We would want to make sure that any landowners and occupiers affected by the project, either directly or indirectly through provisions for compensatory habitat creation or difficulties with land drainage, are adequately compensated for the loss of assets or livelihood.

12. It is also vital that in considering whether a Severn Barrage is given the go ahead, proper and full consideration is given to the value of farmland, and the desirability of development that results in farmland being used for non-agricultural purposes or in a reduction in its productive capacity. Development must recognise other demands for the nation’s land—not least food production and, renewable energy production.

November 2012

Prepared 10th June 2013