AGENDA ITEM: 12 SUMMARY

Transcription

1 Page 1 of 10 AGENDA ITEM: 12 SUMMARY Report for: Cabinet Date of meeting: 26 th July 2011 PART: 1 If Part II, reason: Title of report: Designation of Air Quality Management Areas (AQMAs) Contact: 1. Neil Harden -Portfolio Holder for Residents and Regulatory Services 2. Rita McGinlay Group Manager Regulatory Services 3. Alison King - Environmental Health Officer Purpose of report: 1. To advise members of the requirements of the Environment Act 1995 for local authorities in relation to the designation of local air quality management areas. 2. To seek approval for the designation by order of three Air Quality Management Areas in Dacorum. Recommendations: That Cabinet be recommended to approve the designation by order of three Air Quality Management Areas located in Lawn Lane, Hemel Hempstead, London Road, Apsley and High Street, Northchurch as shown in more detail on the plans contained in Appendix B to this report. Corporate objectives: Our Environment - Mainstream environmental sustainability Improving air quality meets an objective of the Dacorum Sustainable Communities Strategy. Implications: Financial No direct financial implications relating to the declaration of Air Page 1 of 10

2 Page 2 of 10 Quality Management Areas. Value for money Legal requirement this relates to a statutory duty under the Environment Act Risk Implications: The intention of this report is to comply with legislation and therefore avoid the risk of non-compliance. Equalities Implications: Health and Safety Implications: Monitoring Officer/S.151 Officer Comments There are no equality implications with this report. There are no health and safety implications with this report. Monitoring Officer: Under the Council s Constitution the discharge of any function relating to the control of pollution or the management of air quality is the sole responsibility of the Cabinet. The Cabinet therefore has the power to make orders under the Environment Act 1995 designating certain areas within the Borough as Quality Management Areas as described in more detail in this report. S.151 Officer: The declaration of Air Quality Management Areas may require action to be taken in participation with neighbouring authorities and other stakeholders to introduce measures to improve air quality in the defined areas (paragraph 2.3 refers). This may only be necessary when development is proposed. The potential costs to the council cannot be quantified at present. The proposed Steering Group will need to identify any works that are required in due course and bring forward the cost implications of those works to Cabinet and Council as required. Consultees: Sally Marshall Corporate Director Finance and Governance Steve Baker Assistant Director Legal Democratic and Regulatory James Doe Assistant Director Planning Development and Regeneration Neil Harden Portfolio Holder for Residents and Regulatory Services Lizzy Staincliffe Project Officer Environment and Sustainability Page 2 of 10

3 Page 3 of 10 1 BACKGROUND 1.1 Under Part IV of the Environment Act 1995, the Council has a duty to review and assess air quality within its area, in accordance with the National Air Quality Strategy. The Strategy contains air quality standards and objectives for major pollutants. 1.2 The air quality standards are considered to be the maximum acceptable level of an air pollutant that will not present a risk to the health of the most susceptible groups of the population. The air quality objectives include a date by which the standards must be achieved. The length of time to achieve the standard for each pollutant takes into account the costs to industry, the expected rate of improvements in available technology and the health effects on the country s population. 1.3 Should the objectives not be met, then the legislation requires that further action be taken by the Local Authority to improve the quality of air and to declare Air Quality Management Areas (AQMAs) in the form of Air Quality Management Orders. Section 83 (1) of the Environment Act 1995 states: Where, as a result of an air quality review, it appears that any air quality standards or objectives are not being achieved, or are not likely within the relevant period to be achieved, within the area of a local authority, the local authority shall by order designate as an air quality management area (in this Part referred to as a designated area ) any part of its area in which it appears that those standards or objectives are not being achieved, or are not likely to be achieved within the relevant period. 1.4 Air quality across Dacorum is generally good, with the main source of air pollution being from traffic emissions, specifically Nitrogen Dioxide. 1.5 The Council has been monitoring for the pollutant Nitrogen Dioxide for a number of years with the use of diffusion tubes which are located throughout the borough at 42 sites. The data from these tubes is then collated and included in the National Air Quality Archives. The objectives in the air quality standards for the purpose of local air quality management, require that any area of relevant exposure (such as residential properties) that exceeds 40 µg/m 3 annual mean, must be declared an AQMA. 1.6 In 2010 and 2011 an Air Quality Assessment was completed by consultants (RSK Group PLC) on behalf of the Council. The assessment was based on information and data from air quality modelling undertaken by the Council s officers. 1.7 The assessment identified that the areas as specified below exceed the air quality objectives for Nitrogen Dioxide, as set by Government and these areas must therefore, be designated as Air Quality Management Areas (AQMAs). The data from the diffusion tubes are shown in Appendix A. 1.8 The proposed AQMA locations are: Lawn Lane, Hemel Hempstead- The junction at Deaconsfield Road and Durrants Hill Road along Lawn Lane to the junction of Belswains Lane, (approximately 50 residential properties within the proposed boundaries of the AQMA). Page 3 of 10

4 Page 4 of 10 London Road, Apsley The junction from Featherbed Lane along London Road to the southern boundary of 18 London Road, (approximately 136 mixed residential and commercial premises are within the proposed boundaries of the AQMA). High Street, Northchurch The Junction from Darrs Lane along the High Street to Duncombe Road, (approximately 40 mixed residential and commercial premises are within the proposed boundaries of the AQMA). Maps of these areas are shown in Appendix B. 1.9 Each of the proposed AQMAs has a "street canyon" effect - where the presence of numerous buildings close to the highway, prevent free circulation of air and traps pollutants at ground level, creating a "canyon effect". As a result of this, the AQMA boundaries have been drawn to the rear boundary lines of the properties in each of the locations. There are a few exceptions to this, as there are either non-sensitive receptors (i.e. places of work) or there are particularly large sites. Data and model outputs have been utilised to establish the boundaries The minimum criteria that must be met when drawing the AQMA boundary, is that it includes those areas where the prescribed air quality objectives are not likely to be met and where relevant public exposure is realistic. Aside from this minimum criterion, there are no hard or fast rules on where an AQMA boundary can be plotted Over 230 Local Authorities in the UK have designated AQMA s. The size and shape vary widely between different Local Authorities. Some authorities have designated several small AQMA s, others one large AQMA and some have designated their entire Council areas as AQMA s It should be noted that the AQMA boundary does not represent a distinction between areas of good and poor air quality. The dispersion of pollution is more gradual and doesn t simply stop at the depicted line. The boundary merely represents the area within which it is unlikely that air quality will meet health standards The Air Quality Standards identify the planning system as one of the key mechanisms for achieving improvements in UK air quality. It is not necessarily the case that proposed development in an area of poor or improvised air quality will have a negative impact. Similarly, it does not mean that there should be a ban on development within that area but, rather, that greater weight should be given to the consideration and removal of the impacts Planning Policy Statement 23 (PPS 23) already identifies the relationship that exists between land use planning and the pollution control systems under the Pollution Prevention and Control Act NEXT STEPS 2.1 Upon designation as Air Quality Management Areas, the Council is required under The Environment Act 1995 to consult the following: Page 4 of 10

5 Page 5 of 10 (a) The Secretary of State (b) The Environment Agency (c) County Council (d) Neighbouring local authorities (e) Highways Authorities responsible for roads in the affected area (f) Such public authorities undertaking works in the area, as appropriate (g) Such bodies representing business interests in the area (h) Any other bodies deemed appropriate 2.2 In addition, the Council will liaise with local residents and businesses within the proposed AQMA, as well as Parish Councils, where applicable. The boundaries of AQMAs could be subject to change as further information comes to light through consultation. Consultation cannot change the decision to designate a particular area as an AQMA, but it may influence the precise boundary of the area concerned. 2.3 The Council is then required to develop an Air Quality Action Plan to set objectives in the improvement of air quality within the AQMA s. The Action Plan will also be the subject of a statutory consultation process, which will include a broader selection of Consultees. 2.4 It is recommended that an Air Quality Steering Group be established, involving key stakeholder representatives to assist with the development and subsequently the implementation of this Air Quality Action Plan. 2.5 Examples of the Action Plan objectives could include the introduction of smoke control areas and revised traffic management schemes. A flow chart to explain this procedure is shown in Appendix C. Page 5 of 10

6 Page 6 of 10 Appendix A Diffusion Tube Data The exceedances of the air quality objective of 40 µgm/ 3 are highlighted. LOCATION OF DIFFUSION TUBES Annual mean NO 2 concentrations (µg/m 3 ) Lawn Lane 1, Hemel Hempstead Lawn Lane 2, Hemel Hempstead Lawn Lane 3, Hemel Hempstead High Street, Northchurch New Road, Northchurch Darrs Lane, Northchurch London Road, Apsley Page 6 of 10

7 Page 7 of 10 Appendix B - Air Quality Management Area 1 - Lawn Lane Hemel Hempstead Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Dacorum Borough Council Page 7 of 10

8 Page 8 of 10 Appendix B - Air Quality Management Area 2 London Road Apsley Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Dacorum Borough Council Page 8 of 10

9 Page 9 of 10 Appendix B - Air Quality Management Area 3 High Street Northchurch Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty's Stationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. Dacorum Borough Council Page 9 of 10

10 Page 10 of 10 Appendix C FLOWCHART FOR OVERVIEW OF AQMA PROCESS Report presented to Cabinet recommending declaration of AQMAs. Council undertakes a consultation period with Statutory Consultees and liaises with residents and other interested parties. Amend Order if necessary as a result of consultation. Council sets up a steering group, develops an Air Quality Action Plan and sets objectives. (Estimated month timescale). Implementation and further assessment. Page 10 of 10