NORTHAMPTON SOUTH S U E (COLLINGTREE) NORTHAMPTON AIR QUALITY ASSESSMENT: STAGE 1 REVIEW

Transcription

1 NORTHAMPTON SOUTH S U E (COLLINGTREE) NORTHAMPTON AIR QUALITY ASSESSMENT: STAGE 1 REVIEW SEPTEMBER 2015 Report Ref: /AQ v4 (Final Issue) Registered in England and Wales No

2 CONTENTS 1.0 Introduction Background Report Context Approach Objectives Expertise RelEvAnt Standards, Guidance and Legislation National Planning Policy Framework Air Quality: Legislative Summary European Legislation UK Legislation Air Quality & Emissions Planning Guidance (Draft 2015) West Northamptonshire Joint Core Strategy (JCS) Policy S Policy BN Core strategy inspectors report Baseline air quality Local Air Quality Management Air Quality Concentrations: Reported Planning application Construction Dust Road emissions Mitigation Planning applications: EHO review summary

3 1.0 INTRODUCTION 1.1 Background Bovis Homes Ltd submitted an outline application for development of land to the south of Rowtree Road and west of Windingbrook Lane Northampton for the development of a sustainable urban extension (S U E): N/2013/1035: Outline Application for the Northampton South Sustainable Urban Extension to comprise up to 1000 dwellings, a mixed use local centre, a site for a primary school, green infrastructure including formal and informal open space, reconfiguration and extension of Collingtree Park Golf Course, demolition of all existing buildings and structures within the site, new vehicular accesses off Windingbrook Lane and Rowtree Road, car parking, sustainable drainage systems (including flood risk betterment) and infrastructure (including highway improvements) all matters reserved accept access at land south of Rowtree Road and West of Windingbrook Lane Bovis Homes Ltd also submitted a full planning application, as Phase 1 of the above outline application, for: N/2013/1063: Full Application for 378 dwellings served by a new access from Windingbrook Lane, and the re-configuration of part of the Collingtree Park Golf Course including a new temporary hole 17 and the demolition of all existing buildings and structures within the site, green infrastructure including formal and informal open space, car parking, sustainable drainage systems (including flood risk betterment) and infrastructure (including highway improvements) at land south of Rowtree Road and West of Windingbrook Lane The applications were considered by the Planning Committee at its meeting on 28 th January 2015 and were refused against officer recommendation for reasons including the following: Bovis Homes Ltd has appealed against the Council s decision. 1.2 Report Context An initial review of the submitted application documents, in addition to a site visit, has been undertaken to gain a complete understanding of the application and development site (and surrounds). This review, in addition to consideration of EHO and Council responses, including at committee is summarised be summarised in this Stage 1 Report. This report represents an 3

4 honest and transparent summary of the Council case with respect to air quality and is intended to form the basis of discussions in relation to the air quality case to be put forward. 1.3 Approach This report has been prepared as a result of information gathered during: Site visit on 17 th June 2015; and Review of submitted information and correspondence. 1.4 Objectives The objectives of this Phase 1 report are therefore as follows: To review the planning application; To review the Council EHO responses; and To identify any issues which would form the basis of the appeal in relating to air quality impacts. 1.5 Expertise This Phase 1 assessment has been completed by Matt Stoaling. Matt Stoaling is a Fellow of the Institute of Air Quality Management and Chartered Environmentalist, with a BSc and MSc in Environmental Science from the University of Newcastle upon Tyne. Matt has been an air quality, dust and odour specialist for 16 years, most recently as UK Technical Discipline Manager of air quality at SLR Consulting Ltd. where he worked for 10 years before founding Matt has also been main (or contributing) author to a number of research and guidance publications relating to air quality, dust and odour. This report has been prepared in accordance with professional expertise and the requirements of relevant professional institutions (the Institute of Air Quality Management and the Institute of Environmental Sciences) as stated in their respective Codes of Practice. This is also consistent with PINS requirements, with the role of the expert to assist the Inquiry through the presentation of honest and accurate answers. 4

5 2.0 RELEVANT STANDARDS, GUIDANCE AND LEGISLATION In this section the documents relevant to the planning application and refusal are presented, in addition to general air quality literature, as appropriate. 2.1 National Planning Policy Framework Published on 27 th March 2012, the National Planning Policy Framework (NPPF) 8 sets out the Government s planning policies for England and how these are expected to be applied. It replaces Planning Policy Statement 23: Planning and Pollution Control 9, which provided planning guidance for local authorities with regards to air quality. At the heart of the NPPF is a presumption in favour of sustainable development. It requires Local Plans to be consistent with the principles and policies set out in the Framework with the objective of contributing to the achievement of sustainable development. Current planning law requires that applications for planning permissions must be determined in accordance with the relevant development plan (i.e. Local Plan or Neighbourhood Plan). The NPPF should be taken into account in the preparation of development plans and therefore the policies set out within the Framework are a material consideration in planning decisions. The NPPF identifies 12 core planning principles that should underpin both plan making and decision-taking, including a requirement for planning to contribute to conserving and enhancing the natural environment and reducing pollution. Under Policy 11: Conserving and Enhancing the Natural Environment, the Framework requires the planning system to prevent both new and existing developments from contributing to or being put at unacceptable risk or being adversely affected by unacceptable levels of air pollution. In dealing specifically with air quality the Framework states that planning policies should sustain compliance with and contribute towards EU limit values or national objectives for pollutants, taking into account the presence of Air Quality Management Areas and the cumulative impacts on air quality from individual sites in local areas. Planning decisions should ensure that any new development in air Quality Management Areas is consistent with the local air quality action plan. 2.2 Air Quality: Legislative Summary European Legislation European air quality legislation is consolidated under Directive 2008/50/EC, which came into force on 11 th June This Directive consolidates previous legislation which was designed to deal with specific pollutants in a consistent manner and provides new air quality objectives for fine particulates. 5

6 2.2.2 UK Legislation Current EU Air Quality limit values defined within the Directive have been transposed into UK legislation in the Air Quality Standards Regulations 2010, Statutory Instrument 2010 No The Air Quality Strategy (UKAQS) 2007 for England, Scotland, Wales and Northern Ireland 1 sets out the Government s policies aimed at delivering cleaner air in the UK. It sets out a comprehensive strategic framework within which air quality policy will be taken forward in the short to medium term, and the roles that Government, industry, Natural Resources Wales, local government, business, individuals and transport have in protecting and improving air quality. The UKAQS actually includes more exacting objectives for some pollutants than required by EC legislation. This assessment refers only to UK air quality standards, as compliance with these standards will ensure that the less demanding European Air Quality limit values are also being met. The Air Quality Strategy defines standards and objectives in paragraph 17: For the purposes of the strategy: standards are the concentrations of pollutants in the atmosphere which can broadly be taken to achieve a certain level of environmental quality. The standards are based on assessment of the effects of each pollutant on human health including the effects on sensitive subgroups or on ecosystems; objectives are policy targets often expressed as a maximum ambient concentration not to be exceeded, either without exception or with a permitted number of exceedences, within a specified timescale. The air quality Standards and Objectives considered within this air quality assessment are presented within Table 3-1. Table 3-1 Air Quality Limit Values Pollutant Nitrogen dioxide (NO 2) Particulate matter with an aerodynamic diameter of less than 10µm (PM 10) (gravimetric) Standard Measured as Equivalent percentile 40µg/m 3 Annual mean th percentile of 1-hourmeans 200µg/m 3 1 hour mean (equivalent to 18 1-hour exceedences) 40µg/m 3 Annual mean th percentile of 24-hourmeans 50µg/m 3 24 hour mean (equivalent to hour exceedences) In accordance with DEFRA s technical guidance on Local Air Quality Management (LAQM.TG(09)), the air quality objectives should be assessed at locations where members of 1 The Air Quality Strategy for England, Scotland, Wales and Northern Ireland, DEFRA. July

7 the public are likely to be regularly present and are likely to be exposed for a period of time appropriate to the averaging period of the objective. A summary of relevant exposure for the objectives presented in Table 3-1 are shown below in Table 3-2. Table 3-2 Relevant Public Exposure Objective Averaging Period Annual mean 24-hour mean 1-hour mean Relevant Locations Where individuals are exposed for a cumulative period of 6 months in a year; Where individuals may be exposed for eight hours or more in a day Where individuals might reasonably expected to spend one hour or longer Objectives should apply at: Building facades of residential properties, schools, hospitals etc As above together with hotels and gardens of residential properties As above together with kerbside sites of regular access, car parks, bus stations etc Objectives should not apply at: Facades of offices Hotels Gardens of residences Kerbside sites Kerbside sites where public exposure if expected to be short term Kerbside sites where public would not be expected to have regular access 2.3 Air Quality & Emissions Planning Guidance (Draft 2015) Northampton BC has produced a draft SPD as part of their developing Low Emission Strategy/Air Quality Action Plan. Although not finalised, developers are expected to ensure that they are compliant with the principals outlined within it. In particular, dependent on the scale of the scheme, mitigation will be necessary such as: EV charging points; Promotion of more sustainable transport (bikes / walking); and Incorporation of additional bus routes. These measures would need to be outlined in a mitigation statement 2.4 West Northamptonshire Joint Core Strategy (JCS) Within the Borough of Northampton a number of development sites have been allocated for development in the West Northamptonshire Joint Core Strategy (JCS) which has been subject to independent examination. The Inspector s report was published on 7 th October 2014 and the JCS was formally adopted by the West Northamptonshire Joint Strategic Planning Committee on 15th December The adopted JCS allocates some new sites for mixed use residential led development and also carries forward the allocation of some sites from the Northampton Local Plan. Policies S10 and BN9 were specifically referenced in the refusal notice. 7

8 2.4.1 Policy S10 Policy S10 refers to sustainable development and is as follows: Policy BN9 Policy BN9 on pollution control was described in the Inspectors report as follows: The policy is shown below. 8

9 2.5 Core strategy inspectors report West Northamptonshire Joint Core Strategy Local Plan Part 1, Inspector s Report October 2014 included the following in relation to the site: Also: 9

10 3.0 BASELINE AIR QUALITY Key to whether the scheme is compliant with the NPPF and JCS Policies is whether it will: Worsen (or not result in an improvement in) levels of air pollution; or Introduce new receptors into an area of existing poor air quality (particularly where objectives are breached). 3.1 Local Air Quality Management The latest Local Air Quality Management report is the 2014 Air Quality Progress Report for Northampton Borough Council (October, 2014). In respect of exceedances of relevant limits, Northampton Borough Council has made declarations for 7 air quality Management Areas (AQMAs), reducing from 11 in 2012, all on the basis of breaches of the annual mean objective for Nitrogen Dioxide (NO2). This includes the M1 AQMA: The area of land which runs alongside the southbound carriageway of the M1 motorway within the boundaries of Northampton Borough Council. The area varies in depth from between 40 and 54 metres when measured from the central reservation on the M1. In general, annual averages of NO2 decreased for Levels of NO2 within the M1 AQMA have been decreasing and the LAQM report includes consideration of whether the M1 AQMA should be revoked. 3.2 Air Quality Concentrations: Reported The LAQM report highlights that Northampton Borough Council relies upon the use of passive diffusion tubes for a large amount of its local NO2 air quality monitoring. During 2013, 82 diffusion tubes were deployed across the borough as part of Northampton s local air quality monitoring network. Those relevant to the area around the SUE are shown below. Table 3-1 Diffusion Tube Monitoring Results Ref Location OS Xm OS Ym Result Result Result 1 Hermitage Way Hermitage Way Hermitage Way Chestnut Avenue A High Street, C'tree Crematorium

11 4.0 PLANNING APPLICATION The planning application was completed by David Lock Associates in association with Peter Brett Associates who were responsible for the air quality chapter. The chapter correctly describes that: The main pollutants of concern related to construction activities are dust and particulate matter (PM10). Operational phase effects are associated with emissions from road traffic associated with the Proposed Development. The main air pollutants of concern related to traffic are nitrogen dioxide (NO2) and fine particulate matter (PM10 and PM2.5). No baseline monitoring was undertaken by Peter Brett Associates, who instead relied on the data collected by Northampton Borough Council. The report correctly identifies that there are no statutory sites in terms of potential impacts on ecology. 4.1 Construction Dust The assessment is based on the methodology taken from the GLA and IAQM (2012) construction dust guidance, which were the relevant documents at that time. 4.2 Road emissions The ES chapter states that: The ADMS roads model has been used; emissions data from 2014 has been used as a worst case input; the model has been verified using the Council tubes; impacts have been described using EPUK / IAQM criteria. All of these points are in line with best practice. The conclusions of the report are that impacts will be imperceptible when the scheme is built. I would agree that, based on the modelling presented, this is likely to be the case and the air quality assessment is robust. 4.3 Mitigation The Air Quality Directive requires that there is an overriding goal to reduce levels of air pollution through time. This is likely to be the case as a result of improvements in vehicle technology in addition to the efforts of Northampton Council towards reducing levels within their administrative area. In relation to this scheme in particular, there are a number of road junction improvement works proposed, the aim of which is to make the traffic in the area free flowing and congestion 11

12 minimised. Any measures which reduce congestion are likely to also improve air quality, even when vehicle numbers are maintained. 4.4 Planning applications: EHO review The EHO Neil Poldon appears to have reviewed the air quality assessment robustly and I am in agreement with his conclusions, specifically that subject to mitigation measures such as a CEMP for construction dust and other (sustainability) measures described in the Council SPD which should be integral to the scheme, there are no robust reasons for refusing the application on air quality grounds. 12

13 5.0 SUMMARY A review of the planning application and responses has been completed which has included a site visit, correspondence with the EHO and consideration of the application documents. It can be concluded that: 1. The air quality assessment which accompanied the planning application was robust and used current best practice guidance and assessment tools; 2. The review undertaken by the EHO was thorough and considered all of the relevant points made in the application and in the subsequent correspondence; 3. Levels of pollutants in the area are generally showing some reduction over the longer term and continuing improvements in vehicle emissions (EURO6) and Council measures to improve air quality are likely to ensure that this remains the case; 4. That the impacts are negligible once mitigation is in place (which should be detailed in a CEMP for dust and a mitigation statement for air pollutants). I can see no robust defence for the refusal of the planning application on the grounds of air quality and would suggest that the Statement of Case excludes air quality 13