OLDHAM METROPOLITAN BOROUGH COUNCIL LOCAL DEVELOPMENT FRAMEWORK AIR QUALITY AND DEVELOPMENT SUPPLEMENTARY PLANNING DOCUMENT

Transcription

1 OLDHAM METROPOLITAN BOROUGH COUNCIL LOCAL DEVELOPMENT FRAMEWORK AIR QUALITY AND DEVELOPMENT SUPPLEMENTARY PLANNING DOCUMENT ADOPTED JUNE 2007

2 The Council will arrange for this document to be made available in alternative formats including large print, electronically, and community languages if requested, and if appropriate. Please ring , 4163 or 4139 for further information 2

3 Contents Page Context 4 Introduction 4 Local Air Quality Management 5 Industrial Pollution Control 6 Planning Policy 6 European Designated Sites 8 Air Quality Assessment 8 New developments requiring an air quality assessment 11 Requirements of an air quality assessment 12 Content of an air quality assessment report 14 Determination of the significance of air quality impacts 16 Mitigation methods 18 Air quality during construction 19 Air quality and climate change 20 Glossary of Terms 21 Appendix 1 - EU Air Quality Limit Values 22 Appendix 2 - UK objectives for Local Air Quality Management 23 Appendix 3 - UK objectives not included in the Air Quality Regulations 24 Appendix 4 - Air Quality Management Area for Oldham MBC 25 Appendix 5 - UDP Air Quality Policy 26 Appendix 6 - Useful documents 28 Appendix 7 - Useful website links 29 Appendix 8 - Useful Oldham MBC contacts 30 Appendix 9 Location of European Designated Sites 31 3

4 1 CONTEXT 1.1 This Supplementary Planning Document (SPD) provides information on how the Oldham Metropolitan Borough Unitary Development Plan (UDP) policy on air quality will be implemented when considering new developments in the Borough. It provides guidance on: Definition of developments and sites requiring an air quality assessment Air Quality Assessment methods Approach to determining whether air quality issues are significant Mitigation methods 1.2 This SPD is accompanied by a Sustainability Appraisal, Habitat Regulations Assessment and Equalities Impact Assessment which have informed the production and contents of the SPD. A Consultation Statement stating who was consulted during the preparation of the SPD, and setting out representations received and how these have been addressed, is also available. 2 INTRODUCTION 2.1 Elevated air pollution concentrations have the ability to affect health. The Council has a role to play to ensure that air quality issues are considered when planning decisions are made. The planning system should focus on whether any new development is an acceptable use of the land, and the potential impacts of those uses. In relation to air quality this means considering the effects of new development that could increase pollution in the surrounding area through increased traffic or process emissions, as well as the location of development where people may be exposed to raised pollution concentrations, such as adjacent to main road corridors. 2.2 Pollution is produced by a variety of sources including road traffic, emissions from industrial processes and, to a lesser extent, combustion of fuel to heat buildings. In Oldham the most significant source of pollution is from road traffic, in particular from HGVs and cars. 4

5 3 LOCAL AIR QUALITY MANAGEMENT 3.1 The local authority has responsibilities in relation to air quality, which are set out in the Environment Act This requires the authority to determine whether health-based air quality objectives for seven pollutants will be achieved in the Borough. The current air quality objectives are set out in Appendix 1. Air Quality Management Areas should be declared in areas where the air quality objectives may not be met by target dates. An Action Plan should then be developed showing how the local authority intends to work towards meeting the air quality objectives. 3.2 There are also mandatory air quality standards, which have been developed by the European Union through various Air Quality Daughter Directives. The Government has a responsibility to meet these limit values, which are also set out in Appendix 1. In determining planning applications a local authority should have regard to the air quality limit values. 3.3 In Oldham an Air Quality Management Area was declared in June 2001, covering the areas where the air quality objectives may not be achieved. This was amended in March The current Air Quality Management Area for Oldham can be seen in Appendix 4. An Air Quality Action Plan was developed by the ten Greater Manchester local authorities, including Oldham, and was approved by Defra (Department for Environment, Food and Rural Affairs) in January As the major source of pollution in Oldham is from road traffic, actions to improve air quality are incorporated into the Greater Manchester Local Transport Plan 2 (LTP2). 3.4 The fact that an Air Quality Management Area has been declared does not mean that there will be a total ban on new development in the area. It does however mean that greater consideration will be given to air quality issues and measures to reduce pollution. In determining a planning application weight will be attached to air quality impacts, but will also need to be balanced against other planning considerations. The Council will also want to look closely at applications for new developments that are not within an Air Quality Management Area if it is likely that the new development will increase pollution to unacceptable levels or introduce exposure where people were not previously exposed. 5

6 4 INDUSTRIAL POLLUTION CONTROL 4.1 The Integrated Pollution Prevention and Control (IPPC) regime, which replaces the systems established by the Environmental Protection Act 1990, regulates the environmental impacts of certain industrial processes. The IPPC system is designed to ensure that emissions from these processes, including those to the atmosphere are controlled using the best available techniques. Other controls on emissions to the atmosphere also exist through the statutory nuisance provisions of the Environmental Protection Act Some new industrial or commercial developments may introduce emissions to the atmosphere. These could include emissions of other pollutants, which may have an effect on health or amenity, not covered by the objectives set by the Government. 4.3 The planning process should consider whether a particular site is acceptable for any proposed new development having taken account of the environmental impacts. The Council will need to be satisfied that potential releases can be adequately regulated under the existing pollution control framework and that the development will not lead to any loss of amenity. Where there are already existing pollution sources in the area the local planning authority will also consider the cumulative impact of the proposed development. 5 PLANNING POLICY 5.1 This SPD is intended to provide guidance on how the UDP policy on air quality should be interpreted. The key Part 1 policy (NR1) on environmental quality states that: THE COUNCIL WILL NOT PERMIT DEVELOPMENT THAT WILL RESULT IN UNACCEPTABLE IMPACTS ON THE ENVIRONMENT OR HUMAN HEALTH AND WELL-BEING BY REASON OF ANY OF THE FOLLOWING: A. AIR, WATER OR SOIL POLLUTION; B. NOISE; C. ODOUR; D. ARTIFICIAL LIGHTING; 6

7 E F VIBRATION; RADIATION; OR G. OTHER FORMS OF POLLUTION OR LOSS OF AMENITY. 5.2 Linked to the Part 1 policy is policy NR1.2, which relates to air quality: The Council will require air quality assessments to be submitted alongside planning applications for the types of developments identified in the Air Quality Action Plan*. Where a development is likely to result in unacceptable levels of pollutants under the objectives set out in the National Air Quality Strategy, the Council will require mitigating measures, or secure changes to the proposal that will make it acceptable, before granting planning permission. Where a proposed development is acceptable in principle but will emit air pollution that may harm the environment, public health or amenity, the Council will require measures to control the emissions before granting planning permission. 5.3 The detailed policy is set out in Appendix 5 of this SPD. Section of the UDP refers to the adoption of air quality guidance in relation to planning and development control, in support of the air quality action plan. This SPD will fulfil the role of that guidance. 5.4 There are a number of other policies within the UDP which may also be relevant. These include policies covering transport, urban design and planning obligations. 5.5 National guidance is also available on development and air quality. Planning Policy Statement 23: Planning and Pollution Control provides guidance on air quality and development control, recognising that air quality is capable of being a material planning consideration. The National Society for Clean Air and Environmental Protection (NSCA) has also produced guidance on air quality and development control. Regard has been made to both these documents during the preparation of this SPD. 5.6 Adopted Regional Spatial Strategy (RSS) for the North West (RPG 13) and draft RSS for the North West also form part of the development plan for the Borough. Adopted RSS Policies EQ2 on Air Quality, and ER13 on Renewable Energy and Energy Efficiency, and draft RSS policies DP1 on Regional Development Principles and EM16 on Energy Conservation and Efficiency support the approach of the SPD. 7

8 6 EUROPEAN DESIGNATED SITES 6.1 It should be noted that lying within the Borough s boundary are sections of two sites which have been designated as being of European importance for nature conservation. These are: the Rochdale Canal which is a Special Area of Conservation (SAC), and the South Pennine Moors which is a Special Protection Area (SPA) and a SAC. Appendix 9 indicates the location of these sites. 6.2 Greater Manchester Ecology Unit advises that developments within 100m of the Rochdale Canal, that may lead to increases in atmospheric pollution, could potentially affect water quality in the canal and therefore could potentially have a significant impact on the special interest of the SAC. 6.3 Similarly the Ecology Unit advises that developments within 500m of the South Pennine Moors, that may lead to increases in atmospheric pollution, could potentially damage important habitats and species in the site, and therefore could potentially have a significant impact on the special interest of the SAC and SPA. 6.4 Developers should recognise the special importance of these sites. For operations or developments which are subject to control through this SPD, and which could potentially impact on these sites, the Ecology Unit recommends that specific and explicit information be provided as to how any potential pollution of these sites is to be avoided during the course of any development. This should be considered during any preapplication discussions with the Council and/or provided with an application for planning permission. The Council s Statement of Community Involvement identifies the Greater Manchester Ecology Unit as a consultee and it would therefore be consulted on any planning applications which could potentially affect these sites. 6.5 It should be noted that the Council is required to assess the potential effects of its policies on European sites within and outside the Borough boundary. A Habitats Regulations Assessment screening has therefore been carried out and is available alongside the SPD. 7 AIR QUALITY ASSESSMENT 7.1 Certain planning applications will need to be accompanied by an Environmental Statement (ES) under the requirements of the Town and Country Planning (Environmental Impact Assessment) Regulations1999. For these applications, air quality assessments may form part of the ES. In addition to this requirement an air quality assessment would be normally expected where a potential significant 8

9 impact on local air quality is anticipated from any development. Guidance as to what is generally considered to be a potential significant impact is contained later in this guidance document. There may also be a need for assessment where air quality remains largely unchanged but where relevant exposure increases. For example, the introduction of residential housing within an area of existing poorer air quality. 7.2 An air quality assessment may be provided initially as part of a planning application. If this is the case, it is important that the scope and type of the assessment is first agreed with the Council s Environmental Services Directorate. Where an application is made that does not include this assessment, such an assessment may be required at one of two stages within the planning application process. Firstly, where the impact is considered to be potentially sufficient to preclude a development, a request may be made to provide information to better inform the determination of an application. Secondly an assessment may be requested as a planning condition imposed on development permission. 7.3 The final decision as to when and whether an air quality assessment is required lies with the Council. As already indicated, to assist in this process, Oldham Metropolitan Borough Council s Development Control Section will consult the Environmental Protection Section on most planning applications. 7.4 It should be noted that for larger industrial developments an air quality assessment may also be required as part of the permitting process under the Pollution Prevention and Control or Waste Management Licensing regimes. 7.5 Whether an assessment is required or not, the aim of any development proposal should be to reduce any air quality impact to a minimum. Developers should therefore consider and address this requirement as part of an application, stating all measures taken (through design or mitigation) to reduce any associated detrimental air quality impact. As road traffic is a major source of pollution, development that reduces the need and distance to travel can potentially reduce the impact on air quality. It should also be remembered that developers can include energy efficiency measures that are over and above that required by Building Regulation requirements, for example, by meeting recognised accreditation schemes such as BREEAM or Eco Homes very good or excellent standards. 9

10 Flow chart showing air quality planning application assessment procedure Pre-application discussions with Development Control and Pollution Control teams (recommended to determine whether air quality assessment may be required). Application submitted to Development Control Section of Environmental Services Department Could the proposed development affect air quality or be affected by poor air quality? (see assessment criteria on pages 10/11 for guidance) Pollution Control Section assesses the application. Will the development produce potentially significant emissions? Mitigate any emissions where possible. Contribution to AQAP measures may still be required. Are the emissions adequately mitigated without a detailed assessment? Air quality assessment required. Submit finished Air Quality Assessment to EP Section and Development Control Officer. Comments sent to Development Control Team Not Accepted Discuss with developer - If impacts are not properly assessed or addressed through proposed measures an objection may be raised to the development on air quality grounds Report accepted and comments sent to Development Control Section of Planning and Regeneration Department Planning decision made taking into account all material considerations. 10

11 8 NEW DEVELOPMENT REQUIRING AN AIR QUALITY ASSESSMENT 8.1 The Council will require an air quality assessment where a significant increase in air pollution emissions is expected or anticipated to arise from the potential development. 8.2 The following types of development would normally require an air quality assessment: Proposals that will result in increased congestion, a change in either traffic volumes (for example 5% AADT or peak) or a change in vehicle speed (±10kph), or both, on a road with greater than 10,000vpd. Proposals that will significantly increase the flow on roads lying within an AQMA Proposals that would significantly alter the traffic composition in an area (e.g. bus stations, HGV parks, increased delivery traffic.) Proposals that include new car parking spaces (>80 spaces) or coach/lorry parks. Developments located in, or which may affect, sensitive areas (e.g. ecological sites), areas of poor air quality (including AQMAs) or which may generate pollution at levels that could harm health where either direct emissions to air occur, or where any of the preceding criteria are met. Residential, school, public buildings or similar developments lying within an area of poorer air quality such as an AQMA. 8.3 The following thresholds (developments of size equal or greater than criteria listed below) will also be used to determine where an air quality assessment is required. 11

12 Development Site Area Gross Floor Space/units Food-retail 0.2Ha 1,000m 2 Non-food retail 0.8Ha 1,000m 2 Office/B1class uses 2.0Ha 2,500m 2 Industrial (B2/B8 uses) 1.0Ha 6,000m 2 Other 60 or more vehicle movements in any hour 8.4 Assessments may not be required in all cases. The individual circumstances will be considered before a decision is made about whether an air quality assessment is required. 9 REQUIREMENTS OF AN AIR QUALITY ASSESSMENT 9.1 The air quality assessment is required to show the likely change in air pollution concentrations as a result of the proposed development. It should therefore include an assessment of the current air pollution levels in the area and predict the changes in pollution that would occur if the development goes ahead. 9.2 To assess the difference in air pollution levels that would arise if the development goes ahead the assessment should include: An air quality assessment over an agreed study area. Prediction(s) of the air quality in the area with the development (for the year the development comes into use and for a future year(s) usually five years after the development has come into use. Prediction(s) of the air quality in the area without the development (to allow comparison with predictions made with the development). Assessment of air quality impacts during the construction phase. Assessment of any measures proposed to mitigate, compensate or offset air quality impacts. 9.3 The Council can provide advice on whether the development is in an area at risk of exceeding the air quality objectives and also which pollutants are of concern. 12

13 9.4 There are a number of different assessment methods available to assess current and future air pollution levels. The selection of the assessment methodology will depend upon the scale of the proposed development and will range from simple screening methods to complex computer models. It is likely that a specialist air quality consultant will need to be employed by the developer/applicant to undertake the air quality assessment. Screening Methods. The Design Manual for Roads and Bridges (DMRB) method should be used to assess the impact of increases in traffic flows or vehicle fleet composition. Emissions from industrial sources should be screened using models such as SCREEN3 and ADMS Screen. The Memorandum on Chimney Heights and D1 Technical Guidance Note on Dispersion may also be helpful to assess the appropriate discharge stack height for polluting emissions. Dispersion models. Where more detailed modelling is required dispersion models can be used to assess the impacts of a development. Local scale dispersion models should be used to model the effects of traffic changes on local roads or emissions from a specific industrial source. The background concentrations from monitoring sites in the area or derived concentrations from the website are combined with the modelled concentration to predict the total ground level concentration in the area. Dispersion models to assess the local scale impacts of a development include ADMS-Roads, ADMS Urban, AERMOD and Caline models. Regional scale dispersion models should be used where very large developments are proposed, which may have an air quality impact over a wide area. Models that can predict concentrations over a wide area include ADMS-Urban and AIRVIRO. 9.5 For most developments it will be acceptable for the air quality assessment to use screening methods. Dispersion models will only be required where the impact of a development is likely to be very significant, for example there may be an increase in traffic or emissions greater than 10%, or where the proposed development may affect a large area. Further guidance on modeling methodology is contained in technical guidance issued by Department for Environment, Food and Rural Affairs (Defra), which is available on the Defra website ( 13

14 10 CONTENT OF AN AIR QUALITY ASSESSMENT REPORT 10.1 The air quality assessment report should contain the following information: A description of the proposed development. This should identify sources of pollution associated with the development. It should also include information on local receptors that may be affected by pollution, including residential and other sensitive properties or other locations where people may be exposed to pollution for the appropriate averaging period. It should also identify any ecological areas that may be sensitive to air pollution. A description of the relevant air quality standards and objectives. The air quality assessments should be carried out to show compliance or otherwise with UK and European air quality objective standards. In some cases consideration of other standards may also be appropriate, particularly for emissions not covered by a regulated air quality objective standard. Such an example may be the use of Environmental Assessment Levels provided by the Environment Agency. Details of the assessment method. This section should include a description of the screening or dispersion model and the input data used. Where relevant the report should contain : Traffic data used in the assessment, including vehicle flows, vehicle splits, speeds and the time periods used in the assessment (e.g. AADT, peak flows etc.); A summary of the emissions data used, including any emission factors that have been used to predict future year pollutant concentrations; Information on the meteorological data used, including the location of the meteorological station and year of the data set. This is generally only required where a detailed assessment is carried out; Background pollutant concentrations; AQMA s or sensitive areas that may be affected by the development; Receptor locations and reasons they have been chosen to assess exposure; Surface roughness characteristics and topography of the area. This is generally only required where a detailed assessment has been carried out; and 14

15 Other relevant input parameters used. Results of the modelling assessment. Where dispersion modelling has been carried out the report should include details of any model verification carried out and in particular a comparison of modelled concentrations with any local monitoring results that are available. The Council should be consulted on the availability of monitoring data. A comparison may also be made using results from other validated modelling studies. Summary of the assessment results. The report should include a comparison of predicted pollution concentrations both with and without the proposed development and the impact that the emissions will have on local air quality. It should contain information on any exceedances of the air quality objectives or other standards brought about or worsened as a result of the development. Where likely exceedances of the air quality objectives have been identified the report should show the geographical extent and population exposure to the pollution. Mitigation methods. Where the air quality assessment has identified that the development will contribute significantly to air pollution in the area the report should include details of measures, which could be introduced to mitigate, compensate or offset its impact. More information on possible mitigation measures is set out later in this SPD In certain instances, where mitigating or compensating/offsetting measures are included in the initial development proposal, it may be possible to avoid the need for a detailed modelled air quality assessment to be undertaken. In these cases the Council would need to be satisfied that the measures proposed provided the best practicable method(s) for minimising the air quality impact and that the remaining impact (with proposed improving measures) would not be sufficient to warrant refusal. Developers wishing to pursue this option would therefore be required to submit this information with their application detailing their proposal. This information should include :- Details of the proposed development and all sources of air pollution associated with the site (use of an air quality screening tool is recommended). Details of existing air quality in the locality of the site (using available monitoring and modelling data). Consideration of all practical measures that may be used to mitigate, compensate or offset air quality impacts and reasons for selecting the measures proposed. 15

16 An assessment of the effect of mitigation and/or compensating/offsetting measures at reducing the air quality impact. 11 DETERMINATION OF THE SIGNIFICANCE OF AIR QUALITY IMPACTS 11.1 The significance of the development in terms of its air quality impact will depend upon: the extent of the predicted increase in pollution from the development; whether the development is already in an Air Quality Management Area; whether the development may cause exceedances of air quality objectives or standards where these did not already occur; whether the development affects the implementation of measures under the Air Quality Action Plan or Local Transport Plan; exposure of people in the locality or wider area; and whether the development could potentially affect a European designated nature conservation site It is not possible to place exact thresholds on what increases in pollution will make a proposed development unacceptable. Each proposal will be considered on the merits of its individual circumstances. The following flow chart gives an indication of the importance that will be placed on air quality in given circumstances. 16

17 Assessing the significance of air quality impacts Air Quality is a high priority consideration The development is expected to interfere or prevent the implementation of actions within the Air Quality Action Plan or Local Transport Plan. The air quality assessment has identified that the development will contribute to a breach or worsening of an EU limit value and is expected to increase pollution concentrations by more than 2.5%. OR The assessment has identified that the development will introduce new relevant exposure to pollution above an EU limit value. The air quality assessment has identified that the development will contribute to a breach or worsening of an EU limit value and is expected to increase pollution concentrations by less than 2.5%. Air Quality is a medium priority consideration The air quality assessment has identified that the development will contribute to a breach or worsening of air quality within an air quality management area or may contribute to a new potential exceedance of the air quality objectives or other health based standards and is expected to increase pollution concentrations by more than 2.5%. OR The assessment has identified that the development will introduce new relevant exposure to pollution above an air quality objective or other health based standard. The air quality assessment has identified that the development will contribute to a breach or worsening of air quality within an air quality management area or may contribute to a new potential exceedance of the air quality objectives or other health based standards and is expected to increase pollution concentrations by less than 2.5%. Air Quality is a low priority consideration The air quality assessment has identified that the development will increase emissions, cause a worsening of pollution levels or an increase in exposure to pollution where levels are below the air quality objectives or other health based standards. 17

18 11.3 The table below gives an indication of the recommendations that may be made in relation to the significance of the air quality impacts of the development. Significance of the development High Priority Medium Priority Low Priority Recommendation Measures should be recommended to reduce the impact of the development, these could include redesign or mitigation measures. Where the proposal involves change of use the aim should be for the impact to be less than the previous use. Where measures cannot be introduced and the assessment has highlighted significant potential impacts from air quality on human health and the environment refusal of planning consent may be recommended to the planning officer. Measures to reduce the impact of the development should be recommended including re-design and mitigation. Off-setting and compensation may also be considered. Consideration should be given to available and appropriate measures to mitigate, off-set or compensate for the impacts. 12 MITIGATION METHODS 12.1 There are a number of different ways in which the impacts of a development can be reduced. The following paragraphs highlight some of the measures that could be introduced. Innovative measures to reduce the impact of the development will also be considered Design: Where development sensitive to air pollution is proposed it should be designed to minimise the impact of the development on the end users. This could include the use of buffer zones or ventilation schemes that introduce air from less polluted parts of the development site. (The Council has prepared an Urban Design Guide SPD.) 18

19 12.3 Mitigation measures: Measures to reduce the impact of pollution from traffic associated with a development could include: restrictions on the number of available parking spaces, agreements to restrict delivery vehicles to meet certain specified emissions standards (for example EURO III or above); design of buildings to reduce energy consumption; the use of travel plans for employees and members of the public accessing the building; ensuring that the development is accessible by means other than the car. This could mean including pedestrian and cycle access to and through the site and also facilities for cyclists in the design of the development; and agreements to improve access to public transport in the area The Council may also ask for contributions for air quality monitoring to be carried out in the area or to implement measures identified in the AQAP. Contributions would only be sought where the air quality assessment had identified that pollution generated by the development was significant, or where the mitigation measures identified by the developer includes actions to be taken off-site (e.g. provision of cycle lanes or pedestrian access) which the Council may need to facilitate. 13 AIR QUALITY DURING CONSTRUCTION 13.1 As already identified, the effect of construction on air quality should be considered as part of any air quality assessment. In the majority of instances the primary concerns relate to emissions of dust and particulate matter arising from the movement and storage of materials and from the various construction activities. In addition emissions from vehicles and plant used on the site and vehicles bringing material to and from the site should also be considered For all developments, best practicable means should be adopted to control and reduce emissions and therefore any assessment should also detail measures that will be used to mitigate the various sources. Main contractors may wish to consider gaining accreditation under the Considerate Constructors Scheme. 19

20 13.3 It should also be noted that mobile crushing plant used on site should be permitted under the requirements of the Pollution Prevention and Control Act 1999 and the 2000 Regulations Burning is not an appropriate method of disposing of waste and therefore no burning should take place during construction. 14 AIR QUALITY AND CLIMATE CHANGE 14.1 The Government recognises the need to combat the potentially adverse impacts of climate change caused by the release of greenhouse gases. Carbon dioxide (CO 2 ) is a primary greenhouse gas. Green house gas emissions are not controlled under the Local Air Quality Management regime. The aims of reducing emissions to improve air quality and reducing the release of greenhouse gases are often complementary. For example, minimising the need to travel is effective at reducing both greenhouse and polluting emissions. However this is not always the case, as the use of some technologies and methods to curb pollutant emissions, can result in the increase of greenhouse gas emissions. An example of this is the use of different fuels (in comparison to petrol, CO 2 emissions for diesel are lower, but higher for emissions of NO2 and particulate) The aim for any development proposal should be to minimise the impact both in terms of air quality related emissions and greenhouse gas emissions. For this purpose consideration should always be given to any available measures that meet this requirement as part of any development proposal. 20

21 GLOSSARY OF TERMS AADT Annual average daily traffic flows (the average flow on a road over a 24 hr period) AGMA Association of Greater Manchester Authorities AQAP Air Quality Action Plan AQMA Air Quality Management Area DEFRA Department of Environment, Food and Rural Affairs DMRB Design Manual for Roads and Bridges (includes a section on air quality assessment from road traffic) GMLTP/ GMLTP2 Greater Manchester Local Transport Plan/ 2 nd Greater Manchester Local Transport Plan GONW Government Office for the North West LTP/LTP2 Local Transport Plan/ 2 nd Local Transport Plan NO Oxides of nitrogen NO 2 Nitrogen dioxide NSCA National Society for Clean Air NWDA Northwest Regional Development Agency NWRA North West Regional Assembly PM 10 Particulate matter RDA Regional Development Agency SAC Special Area of Conservation SPA Special Protection Area SPD Supplementary Planning Document SO 2 Sulphur dioxide UDP Unitary Development Plan Vpd vehicles per day Air Quality Management Area: An area designated by a Local Authority where the Government's air quality objectives for certain pollutants are not expected to be met. Air Quality Action Plan: The agreed measures by which Local Authorities will address the predicted levels of pollution identified in an AQMA. 21

22 APPENDIX 1 - EU AIR QUALITY LIMIT VALUES (AQ Daughter Directives 99/30, 2000/69 and 2003/3 implemented through the Air Quality Limit Values Regulations 2003) Substance EU limit values Target date Sulphur dioxide Nitrogen dioxide Hourly limit value of 350 μg/m 3 not to be exceeded more than 24 times per calendar year Daily limit value of 125 μg/m 3 not to be exceeded more than 3 times per calendar year Alert threshold of 500 μg/m 3 measured over 3 hours Hourly limit value of 200 μg/m 3 not to be exceeded more than 18 times per calendar year Annual limit value of 40 μg/m Alert threshold of 400 μg/m 3 measured over 3 hours Particulate matter (PM 10 ) Daily limit value of 50 μg/m 3 not to be exceeded more than 35 times per calendar year Annual limit value of 40 μg/m Lead Annual limit value of 0.5 μg/m Carbon monoxide A limit value of 10 mg/m 3 averaged over 8 hours Benzene Annual limit value of 5μg/m There are also indicative limit values for particulate matter (PM 10 ) to be achieved by : Daily limit value of 50 μg/m 3 not to be exceeded more than 7 times per calendar year Annual limit value of 20 μg/m 3 22

23 APPENDIX 2 - UK OBJECTIVES FOR LOCAL AIR QUALITY MANAGEMENT Pollutants and objectives as described in the Air Quality (England) Regulations 2000 and 2002 amendment Regulations Substance Air Quality Objective Levels Date to be achieved Benzene micrograms per cubic metre or less when, expressed as running annual mean 31 December ,3 Butadiene 2.25 micrograms per cubic metre or less, when expressed as a running annual mean 31 December 2003 Carbon Monoxide # Lead Nitrogen dioxide 10 milligrams per cubic metre or less, when expressed as a running 8 hour mean 0.5 micrograms per cubic metre or less, when expressed as an annual mean 0.25 micrograms per cubic metre or less, when expressed as an annual mean 200 micrograms per cubic metre or less, when expressed as an hourly mean, not to be exceeded more than 18 times a year 40 micrograms per cubic metre or less, when expressed as an annual mean 31 December December December December December 2005 PM 10 # (Fine particles) 50 micrograms per cubic metre or less, when expressed as a 24 hour mean, not to be exceeded more than 35 times a year 40 micrograms per cubic metre or less, when expressed as an annual mean 31 December December 2004 Sulphur dioxide 266 micrograms per cubic metre or less, when expressed as a 15 minute mean, not to be exceeded more than 35 times a year 350 micrograms per cubic metre or less, when expressed as an hourly mean, not to be exceeded more than 24 times a year 125 micrograms per cubic metre or less, when expressed as a 24 hour mean, not to be exceeded more than 3 times a year 31 December December December

24 APPENDIX 3 - UK OBJECTIVES NOT INCLUDED IN THE AIR QUALITY REGULATIONS The objectives in the table below are not included in the Air Quality Regulations, although they are included in the national air quality strategy. The local authority will have regard to these objectives, but will give less weight to any potential exceedances. Pollutant Objective Target date Ozone A maximum daily running 8-hour mean of 100 μg/m 3 not to be exceeded more than 10 times per calendar year Particles (PM 10 ) A 24-hour mean of 50 μg/m 3 not to be exceeded more than 7 times a year Annual average of 20 μg/m PAHs Annual average of 0.25 ng/m Objectives for the protection of vegetation and ecosystems 1 Pollutant Nitrogen oxides Sulphur dioxide Annual average of 30 μg/m Annual average and winter average (01/ /03) of 20 μ/m 3 1 NB This only applies in certain rural locations to protect vegetation and ecosystems 24

25 APPENDIX 4 - AIR QUALITY MANAGEMENT AREA FOR OLDHAM METROPOLITAN BOROUGH (Note: a larger version of this map can be found in the Oldham Metropolitan Borough Unitary Development Plan) 25

26 APPENDIX 5 OLDHAM METROPOLITAN BOROUGH UDP POLICY NR1.2 AND REASONED JUSTIFICATION ON AIR QUALITY The Council will require air quality assessments to be submitted alongside planning applications for the types of developments identified in the Air Quality Action Plan*. Where a development is likely to result in unacceptable levels of pollutants under the objectives set out in the National Air Quality Strategy, the Council will require mitigating measures, or secure changes to the proposal that will make it acceptable, before granting planning permission. Where a proposed development is acceptable in principle but will emit air pollution that may harm the environment, public health or amenity, the Council will require measures to control the emissions before granting planning permission Poor air quality leads to many premature deaths in the UK and millions of pounds are spent on dealing with the ill health it causes. As a result the Government has set out National Air Quality Objectives under the Environment Act 1995 and empowered local authorities to establish areas where pollution levels are likely to exceed the national thresholds as Air Quality Management Areas (AQMAs*). The Council has declared an AQMA in the west of the Borough, mainly along the main road corridors, reflecting the fact that poor air quality in Oldham is mostly the result of traffic emissions The current boundaries of the AQMA (as declared June 2001) are shown on a supplementary map at the back of this document. Because air quality is to be kept under review during the period of this UDP, these boundaries may change and, therefore, applicants are advised to check current boundaries with the Council s Environmental Protection Section The Council has prepared an Air Quality Action Plan* (AQAP) jointly with the other Districts in Greater Manchester that recommends a range of activities to tackle air quality problems across the county. Solutions implemented in Oldham will be focused on the Borough as a whole because it is not just traffic generated in the AQMA itself that presents a problem. Air quality guidance for developers will be developed through the AQAP. It will set out the information an air quality assessment should contain, the methodology to be followed and a list of measures to mitigate pollution. The guidance and any other 26

27 relevant issues to planning and development control arising from the AQAP will be adopted as a supplementary planning document* Unacceptable levels of pollutants will be assessed against the objectives set out in the National Air Quality Strategy 2000, and any amendment to that strategy. For pollutants not covered by the National Air Quality Strategy an assessment of unacceptable levels of pollutants will be made having regard to the recommendations made by the Governments Expert Panel on Air Quality Standards and the World Health Organisation s air quality guidelines Certain developments such as nursing homes and hospitals are intended for users who may be particularly vulnerable to air pollution. Methodologies for carrying out Health Impact Assessments are being developed locally and regionally to show the potential impacts on the occupiers of the development or on residents and workers otherwise affected by it. These need to take a broader approach than just considering the local effects of air pollution. Any relevant issues to planning and development control arising from this work will be adopted as a supplementary planning document in due course Because Oldham s air quality problems are mainly due to road traffic emissions, there are very strong links between the Air Quality Action Plan, UDP policies on transport and the location of development, and the Greater Manchester Local Transport Plan. All three must work together if real results are to be achieved. 27

28 APPENDIX 6 - USEFUL DOCUMENTS AND LINKS DEFRA Technical Guidance LAQM.TG(03) Local Air Quality Management, DEFRA 2003 HM Government, Environment Act 1995, The Stationery Office DETR, The Air Quality Strategy for England Scotland Wales and Northern Ireland, 2000, The Stationery Office HM Government, The Air Quality (England) Regulations 2000, The Stationery Office HM Government, The Air Quality (Amendment) Regulations 2002, The Stationery Office HM Government, The Air Quality Limit Value Regulations 2003 NSCA, Development Control : Planning for Air Quality, NSCA, 2004 AGMA, Greater Manchester Air Quality Action Plan, July 2004 ODPM, 2004, Planning Policy Statement (PPS 23), Planning and Pollution Control ODPM, 2005, Mineral Policy Statement 2(MPS2), Controlling and Mitigating the Environmental Effects of Minerals Extraction in England The Environmental Effects of Dust from Surface Minerals Workings (HMSO, 1995) 28

29 APPENDIX 7 - USEFUL WEBSITE LINKS DEFRA Air Quality Air Quality National Archive UK Government AQ Review & Assessment AQM Resource Centre, U.W.E., Bristol Association of London Government Highways Agency Environment Agency National Society for Clean Air (NSCA) Air Quality Management Journal management.co.uk 29

30 APPENDIX 8 - USEFUL OLDHAM MBC CONTACTS Contact Address Telephone Number Advice on Pollution Control Team, West End House, Local Air Quality Management West End Street, Oldham, Ol9 6DW Development Control Team, Development Control Civic Centre, West Street, Oldham, OL1 1UL Strategic Planning and Information Team, Planning Policy Oldham Business Centre, Cromwell Street, Oldham, OL1 1WR 30

31 APPENDIX 9 Location of European Designated Sites