REPORT OF:
HEAD OF ENVIRONMENTAL HEALTH SERVICES
AUTHOR:
LEON HIBBS
TELEPHONE:
01737 276403
E-MAIL:
leon.hibbs@reigate-banstead.gov.uk
TO:
EXECUTIVE
DATE:
21ST OCTOBER 2004
EXECUTIVE MEMBER
COUNCILLOR P.J. CIRCUS
AGENDA ITEM NO:
WARD(S) AFFECTED:
6
KEY DECISION REQUIRED:
YES
REIGATE CENTRAL, CHIPSTEAD, HOOLEY AND WOODMANSTERNE,
EARLSWOOD AND WHITEBUSHES, MERSTHAM, KINGSWOOD WITH
BURGH HEATH, TADWORTH AND WALTON, HORLEY EAST, HORLEY
CENTRAL
SUBJECT:
AIR QUALITY – DETAILED ASSESSMENT
PURPOSE OF THE REPORT:
TO NOTE AND AGREE TO THE FINDINGS OF THE DETAILED
ASSESSMENT OF AIR QUALITY WITHIN AREAS OF THE
BOROUGH IDENTIFIED AS POTENTIALLY IN BREACH OF
THE AIR QUALITY OBJECTIVES IN THE 2003 UPDATING AND
SCREENING ASSESSMENT EXERCISE.
RECOMMENDATIONS:
1. The property at the south east corner of the junction of the A217 and
Rushworth Road be declared an air quality management area for the
pollutant nitrogen dioxide;
2. The property at the south east corner of the junction of Dean Lane and the
A23 be declared an air quality management area for the pollutant nitrogen
dioxide;
3. The Head of Legal and Property Services be authorised to make the orders
necessary to implement recommendations 1 and 2 under Section 83 of the
Environment Act 1995.
The above recommendations are subject to Council approval.
Background
1.
This report complements but is separate to the report presented to the
Executive on 21 October 2004 covering the Stage 4 Further Assessment for
Gatwick and the southern part of the M25. This report covers all the existing
air quality management areas (AQMAs) within the borough describing
progress with the new scheme of air quality assessment.
2.
Part IV of the Environment Act 1995 requires local authorities to periodically
review air quality in their area against current and future air quality objectives
as set out in the Air Quality Strategy (2000), the Air Quality (England)
Regulations 2000, the Air Quality (England) (Amendment) Regulations 2002,
and the Air Quality Strategy Addendum document (2003).
3.
The scheme of air quality assessment has recently changed. The outcome is
still the same but the terminology and scheduling of work has changed.
Thus in implementing the new scheme there is an overlap with the
production of air quality assessments under the old scheme. This report to
the Executive makes reference to reports under both schemes as this is the
transitional period.
4.
Under the new scheme of air quality assessment there are three diagnostic
elements. The first is an update and screening assessment (USA) that
serves to review air quality across the whole borough to identify new areas
where there is a potential breach of air quality standards and to review and
update the existing air quality management areas. Where the USA identifies
a location where there is a potential breach of air quality then the area
undergoes a Detailed Assessment (DA). The DA comprises location specific
modelling and monitoring to improve understanding. If this confirms the
findings of the USA then an AQMA is declared. Finally a further assessment
is undertaken to better understand the sources of pollution and inform an
action plan to improve air quality.
Factors for Consideration
5.
The USA that was completed last year identified one new area within the
borough, on the south east corner of the junction of the A217 and Rushworth
Road (Map 1), that was likely to exceed the 2005 annual average nitrogen
dioxide (NO2) objective of 40 μg m-3. The USA had also identified that the
same site might also breach the permitted number of exceedences of the
PM10 (particulate) objective, and therefore a detailed assessment was
required with respect to nitrogen dioxide and PM10.
6.
The main findings of the detailed assessment are that the annual average
nitrogen dioxide concentration at the property on the south east corner of the
junction of the A217 and Rushworth Road (Map 1) is predicted to breach the
governments 2005 objective value for this pollutant. Therefore an air quality
management area will need to be declared which covers this individual
property under section 83(1) of the Environment Act 1995. The air quality
management area is with respect to the annual average nitrogen dioxide
objective only as the detailed assessment found that this site would not
breach the standard for 2004 PM10 objective.
7.
Following the USA all potential AQMAs and existing AQMAs were subject to
a further assessment (the output of which was fed into the Detailed
Assessment report). The monitoring data from the existing AQMAs for 2002
was used to inform the decisions of Executive report of the 23 October 2003
to retain the M25 AQMA (Map 2a-d), and revoke the AQMA on the M23 to
the north of the M25 (Map 3a), and at the Flying Scud public house on the
A23 (Map 5).
8.
However, while the original monitoring data for 2002 supported the
Executive’s decision to revoke the AQMA at the junction of Dean Lane and
the A23 (Map 4), data obtained since the revocation and reviewed as part of
the detailed assessment indicates that there will be a breach of the 2005
annual average objective for nitrogen dioxide. Therefore, the air quality
management area will need to be redeclared for the property on the south
east corner of the junction of Dean Lane and the A23 (1, Dean Lane, Hooley
– Map 4) for nitrogen dioxide.
9.
A detailed assessment was also due for the air quality management area
near to Gatwick airport (Map 6) and that for the M23 to the south of the M25
(Map 3b). To prevent duplication of effort the detailed assessment for these
AQMAs was based on the recent significant modelling work carried out as
Stage 4 under the old system that was reported to the Executive on 21st
October 2004 under a separate report. The detailed assessment confirms
the retention of both the aforementioned AQMA’s.
Consultation
10.
In accordance with statutory requirements, a copy of the detailed
assessment was sent on 4th June 2004 to all the local authorities
surrounding Reigate and Banstead, Surrey County Council, DEFRA, the
Highways Agency, and other consultees as listed in Appendix A.
11.
Copies were sent to all Council helpshops and libraries in the borough, and a
copy lodged in the Members Room. A copy of the report is also available
from the air quality section of the councils website.
12.
A letter was sent to all the residents affected explaining the situation, and
inviting them to phone or write in with any concerns, questions, or
comments. A formal closing date was stated in the letter of 2 nd August 2004.
13.
Two formal responses were received. The first was from the Greater
London Authority, which stated that ‘it had noted the conclusions’, while the
second from DEFRA accepted the findings of the report.
14.
Two residents responded by telephone to the consultation, both from the
flats at the junction of the A217 and Rushworth Road. Both were concerned
about the air pollution, and said that the report simply confirmed what they
had believed, and they found the traffic ‘smells’ particularly bad when it
queues outside the flats. One resident also felt that their asthma had got
worse since they had lived in the property, and was worried about the impact
on the value of their house. It was pointed out that the value of the property
was unlikely to be affected by the declaration of an AQMA, as the price
would already reflect buyers perceptions given the proximity of the property
to the two roads.
15.
None of the businesses that were consulted surrounding the junction at
Rushworth Road / A217 responded.
Action Planning
16.
A requirement of the Environment Act is that within 12 to 18 months of the
declaration of an AQMA, an action plan is drawn up to improve air quality in
the affected area(s). A plan will be produced for the property at the junction
of the A217 and Rushworth Road and the junction of the A23 and Dean
Lane within the next 12 to 18 months, and put before the Executive for
approval following discussions with Surrey County Council and the Highways
Agency. However, as part of this plan it is proposed to continue to monitor
nitrogen dioxide concentrations at these sites, to ensure that concentrations
are not increasing still further, and to help ensure compliance with the
objective.
Resource implications
17.
At present there is no significant additional cost or resource requirement
beyond those already allocated under the air quality programme as agreed
by previous Executive decision. The resource and cost requirement may
need to be reviewed to reflect the needs of the action planning process and
a further report will be brought before the Executive if any decisions need to
be made that involve additional significant cost to the council.
Corporate Plan Implications
18.
The assess assessment and management of air quality to ensure that it
complies with health protection based standards is in accordance with
statutory requirements, corporate and community plan obligations.
Conclusions
19.
Arising from this report it is concluded that due to statutory requirements:
-
The property at the south east corner of the junction of the A217 and
Rushworth Road should be declared an air quality management area for
the pollutant nitrogen dioxide;
-
The property at the south east corner of the junction of Dean Lane and the
A23 should be declared an air quality management area for the pollutant
nitrogen dioxide;
-
The Head of Legal and Property Services be authorised to make the
orders necessary to implement recommendations 1 and 2 under Section
83 of the Environment Act 1995.
Reasons
20.
The reasons are discussed in the detailed assessment, but in summary the
annual average nitrogen dioxide concentrations at the sites of the proposed
AQMAs are predicted to breach the 2005 annual average objective for
nitrogen dioxide, and local authorities have a duty under section 83(1) of the
1995 Environment Act to designate those areas where the air quality
objectives are unlikely to be met as air quality management areas.
Background papers
Laxen, D., Marner, B. (2003) Further Assessment (Stage 4) of Air Quality
within Four Air Quality Management Areas in Reigate & Banstead. Air
Quality Consultants, Bristol, UK.
Laxen, D., Marner, B. (2004) Further Assessment (Stage 4) of Air Quality
within Two Air Quality Management Areas in Reigate & Banstead. Air Quality
Consultants, Bristol, UK.
RBBC (2003) Updating and Screening Assessment of Air Quality in the
Borough of Reigate and Banstead. Reigate and Banstead Borough Council.
RBBC (2004) Detailed Assessment of Air Quality in the Borough of Reigate
and Banstead. Reigate and Banstead Borough Council.
Appendix A: Consultees
Residences affected by the AQMA on the A217 and Rushworth Road (6 properties), and at
the junction of the A23 and Dean Lane (1 property).
Statutory:
Tandridge District Council
Crawley Borough Council
DEFRA
Environment Agency - Thames Region (SE Area)
Epsom & Ewell Borough Council
Greater London Authority
London Borough of Croydon
London Borough of Sutton
Mole Valley District Council
Other routine consultees:
Gatwick Airport Ltd - Planning & Environment Department
Health Protection Agency
Highways Agency
Surrey & Sussex Strategic Health Authority
Surrey County Council - Environment
Sussex Air Quality Steering Group
Business:
Gatwick Rail Services Ltd.
Homebase
Kimberly Clark Europe Ltd.
Lambert Smith Hampton
Peter Harrison Foundation
Reigate and Banstead Housing Trust
Reigate College
Royal Mail
Station Manager – Reigate Station
© Crown Copyright. All rights reserved. Reigate & Banstead BC LA079065 – 2003.
Yorke
Road
Rushworth Road
A217 London Road
North
0
m
Scale
Map 1: Location of the affected Property at the Junction of Rushworth Road and
London Road (A217).
60
Air Quality Management Area - M25 – Near Walton (Scale 1:10 000) (Map 2a)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Air Quality Management Area - M25 – Near Mogador (Scale 1:10 000) (Map 2b)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Air Quality Management Area - M25 – Near Margery Hall (Scale 1:10 000) (Map 2c)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Air Quality Management Area - M25 – Near Merstham (Scale 1:10 000) (Map 2d)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Air Quality Management Area - M23 – Near Merstham (Scale 1:10 000) (Map 3a)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Air Quality Management Area - M23 – Near Horley (Scale 1:10 000) (Map 3b)
This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the Controller of Her
Majesty’s Stationary Office. © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil
proceedings. Reigate & Banstead BC LA079065 – 2003.
Map 4: 1, Dean Lane Hooley.
Map 5: 1, Flying Scud Public House.
Map 6: Horley Air Quality Management Area nr.
Gatwick Airport.