Cabinet Member Report 3rd April 2009 Date: Subject: Petition - Westbourne Neighbourhood Association – Noise from buses using Chepstow Road Summary of this Report 1. The report provides an update on what has been achieved since noise from these buses was the subject of a petition which was presented to the Council by Councillor Michael Brahams in July 2006. The petition was part of the justification for the complete resurfacing of this particular road and has supported requests made to Transport for London (TfL) over the last three years by the Director of Transportation for quieter buses. 2. While the Council has no direct power to stop noisy buses, it can make requests to TfL for improvement. The City Council has been successful in encouraging TfL to make improvements. Recommendations 1. That the Cabinet Member notes the actions taken to date and the fact that the Council continues to press TfL to take the following actions: Require bus operators to fully meet the new higher TfL standards for acceptable levels of bus noise (measured in both a constant speed test and in a full acceleration test, together with similar tests with all auxiliary equipment operating) into all future bus contracts and ensure full compliance with this standard on every bus; Give preference to any bus operator able to supply and run buses that are significantly quieter than the new standard: Establish beyond doubt the various contributions from different bus types to the significant new component of ultra-low frequency noise mentioned in this petition with a view to eliminating this noise pollution; Establish acceptable limits to ultra-low frequency noise from buses and incorporate them into an additional standard for future contracts; and Introduce a new generation of buses with a hybrid drive system and much quieter engine as a priority on roads, such as Chepstow Road, where older residential homes are most vulnerable to bus traffic noise. 2. That the petitioners be told of the above requests to TfL and informed that: The City Council has no direct legal power to stop noisy buses from operating on local roads, even though it has been actively making representations through its officers for noise reductions from the newer buses; The City Council’s power to prohibit any class of traffic or weight of vehicle is limited by TfL’s power to either block such a measure or to object and call for an inquiry where the positive role of buses is likely to be considered dominant ; and The City Council resurfaced Chepstow Road in summer 2006 with financial assistance from TfL in response to residents’ complaints, and will seek to maintain the surface quality in the future. Cabinet Member Report City of Westminster Cabinet Member: Date: Classification: Title of Report: Report of: Wards involved: Policy context: Financial summary: Report Author: Contact Details: Page 1 of 12 Environment and Transport 3rd April 2009 For general release Petition – Westbourne Neighbourhood Association – Noise from buses using Chepstow Road Director of Transportation Bayswater Local Implementation Plan There are no direct financial implications arising from this report Graham Attwell, Transport Strategy and Programmes Telephone 020-7641-1919 Email gattwell@westminster.gov.uk 1. Petition 1.1 A petition from the Westbourne Neighbourhood Association was presented to the meeting of the full Council on 19 July 2006 by Councillor Michael Brahams. Over 310 signatures were received. The petition statement reads: ‘To: Ken Livingstone, Mayor of London Peter Hendy, Commissioner, Transport for London Peter Brown, Chief Operating Officer and Acting Head of Surface Transport Sir Simon Milton, Leader of Westminster City Council Roger Evans, Chairman of Transport Committee, GLA We, the undersigned, all residents of Chepstow Road and its neighbouring streets, DEMAND, urgent action to resolve the intolerable vibration and noise caused by First’s Volvo doubledecker buses. These vibrations are shaking our houses on Chepstow Road and the streets behind. Many of us, including elderly people and young children, cannot sleep properly and suffer stress as a result. We believe that it is also a potential health hazard. We want you to put pressure on First to ensure the repairs to these buses in weeks rather than months. We would expect Westminster City Council to support us in seeking the resolution to these problems. These are the facts: 1) Noise monitoring proves that the buses produce extremely high levels (90 decibels) of low-frequency noise when idling. We believe that this is a serious threat to health. 2) TfL has never tested the effect of these buses on buildings along the route, nor picked up the engine defects admitted by First and Volvo. 3) The heavy buses cause strong shockwaves when they hit potholes, which make our houses shake violently. 4) The bus drivers often accelerate and brake very sharply at bus stops and traffic lights and drive much faster at night, which makes the problem even worse.’ 1.2 This report provides an update on the actions that the City Council has taken following the receipt of the petition and details the current position. 2. Background 2.1 The petitioners raise a number of issues that are primarily the responsibility of TfL in approving particular types of bus and accepting certain bus driving standards on the five current bus routes along Chepstow Road. However, the Council does have responsibility for the road surface in Chepstow Road and resurfaced the carriageway two years ago, prior to excavations for work on the Page 2 of 12 water main, to eliminate the prospect of further deterioration in its quality. This work was funded by TfL. 2.2 The Council received similar complaints from residents in Chepstow Road and many other roads where the newer buses started to replace older designs about four years ago. These complaints were first forwarded to TfL in December 2004, but were thought by it to be minor mechanical problems associated with the exhaust system or alternator mountings of the buses in question. The various remedial works undertaken by TfL at that time did reduce some of the most conspicuous noise within the buses for the benefit of passengers. However, they did not reduce either the low frequency noise that many residents and employees within frontage buildings have found disturbing, or the generally high levels of engine noise on some buses when under power. 2.3 The persistent complaints of residents from Chepstow Road led to Council officers undertaking a transport noise measurement study in Chepstow Road during February 2006. This took noise measurements in the street and in a ground floor bedroom in close proximity to the footway of Chepstow Road. The study showed that stationary buses at the bus stops with their engines running generated a high volume of low frequency tonal energy that could account for part of the complaints from residents. The noise measurements were taken by automatic equipment over many hours, and the output could not be correlated with specific makes of bus. Thus it was not known for certain whether this low frequency problem is confined to the particular buses used on two of the bus routes in the road, or is present on all four of the routes using double deck buses there. 2.4 In addition the mid-winter date of these measurements may not have found the worst situation. This was because it had become clear that the cooling fans for the Volvo buses used on two of the routes were a significant source of noise and that the fans may not have been running continuously, or at full speed, under winter conditions in comparison to the warmer days of summer. However, the study together with the recognition by TfL and Volvo that there was a continuing noise problem led to modifications of the cooling fans by Volvo. It also led to the adoption by TfL of improved noise standards for all new bus contracts. 2.5 The modifications made to the Volvo buses could be expected to lower the unwanted noise, but there was some doubt as to whether every bus had benefited from the claimed improvement and whether the low frequency nuisance had been adequately or even marginally suppressed. Thus Council officers with agreed financial support from TfL carried out a further study of noise from specific Volvo buses in Chepstow Road. The report of this second study in April 2008 showed that there had been some reduction in engine noise but that the gain might still be less or more variable than expected, and with the low frequency component still present. 2.6 Some residents have sought to reduce the noise problem by requesting TfL to divert some of the five routes, or all the routes in one direction, to an Page 3 of 12 alternative street running north-south, such as Ledbury Road. In isolation this type of reduction would still leave an unacceptable noise profile in Chepstow Road, as well as introducing it to an additional road. Provided the noise problem can be cured at source on the buses, this re-routing proposal would command much less support. It is generally preferable for bus passengers to have several routes on one street so that the combined frequency reduces the waiting time to many local destinations. 3. Transport for London’s position 3.1 It was only in 2006 that TfL London Buses appears to have acted on the noise complaints from residents with frontages on bus routes. It has since remeasured the “drive by” noise while the engine cooling fans are running and compared the results for the two different makes of double deck buses used in Chepstow Road. The standard test procedure is a nationally accepted one but is not apparently carried out with a fully warmed engine and any thermostatically controlled cooling fans operating at full speed. While these fans may be expected to only operate for short periods within the normal operating cycle of a bus engine, this is not necessarily true of a London bus in high summer. The national method of measurement is done under carefully controlled conditions at a special test site that can be replicated, but will not exactly represent the very variable conditions in an urban street. 3.2 These measurements for TfL highlighted the additional noise on the Volvo buses when the engine cooling fans were running to be up to 14 decibels. This level of additional noise was a major problem and demanded to be dealt with urgently. It would be clearly heard whenever a bus with a fully warm engine was driven under power. It may be that this relates to the part of the complaint about how the buses are driven, a point made in the residents’ petition as fact 4, in paragraph 1.1 above. What might be considered as normal acceleration and reasonable momentum for a modern bus is heard by residents as extremely fast driving. TfL did on two occasions meet a group of residents from the Chepstow Road area to explain the nature of the problem and the solutions being pursued. It has also provided information for residents at the Bayswater Area Forum. 3.3 TfL acted on the issue of the noisy Volvo buses by insisting on the manufacturer correcting the existing problem of the noisy engine fans, as set out in TfL’s letter of 6th October 2006 to the Managing Director of Volvo Bus Ltd in Warwick (Appendix 1). TfL was also unwilling to accept bus operators’ contracts using any more of these buses until the problem was resolved. This action put enormous commercial pressure on Volvo to find a solution, and it promptly devised modifications to the cooling fans of the engines. The published test results for these early modifications were encouraging, but the conversion programme was substantial as there were understood to be over 2000 of these buses in service throughout Greater London. All Volvo buses were reported to have been modified and put back into service on the affected routes although residents still insist that there is much variability between individual buses. Page 4 of 12 3.4 In addition TfL, as set out in its letter of 6 October 2006 to Volvo Bus Ltd, is now starting to set much stricter standards for all new buses on future contracts. These incorporate new higher standards for acceptable bus noise in both a constant speed test and a full acceleration one, together with similar tests with all auxiliary equipment operating. In this TfL is going well beyond the normal national standard and will ensure that all future diesel bus fleets are not significantly noisy in any of their operating modes. However, this approach is not welcome to all residents as they consider that the standard National test with its low limit should be carried out with the buses operating with all the nosiest ancillary equipment at the worst level. Officers fear that insistence on such a higher standard might well be legally challenged by bus manufacturers at some stage. 3.5 TfL has explained to residents from the Chepstow Road area that the source of the high levels of noise is from the cooling fans and that a solution has been found. However, for the ultra low frequency noise problem TfL is only requesting that Volvo reduces the effects from low frequency noise, but as yet is unable to quantify the requirement. The recent study by Council officers and part funded by TfL has shown that this low frequency noise nuisance is still present in Chepstow Rd and that the Volvo buses are a significant contributor to the problem. 3.6 The various alternative suppliers of conventional bus chassis will have to meet TfL's emerging requirement for quieter new buses. There is also the prospect of new hybrid diesel/electric battery buses, as currently seen experimentally on route 360 with single deck buses, becoming a much better option. These buses use a small diesel engine of under 2 litres (similar to that in a small car) to continuously charge a battery, which provides the necessary electric traction. A prototype double deck bus with this hybrid drive has also been recently demonstrated by a manufacturer, partly in response to a request from the former Mayor of London. 3.7 The noise generated by these hybrid buses is reported to be significantly lower than that from the best conventional buses. Thus these buses would be a more satisfactory bus for roads like Chepstow Road. TfL has indicated a willingness to consider trying them out on one or more routes through Chepstow Road, as soon as they are ready for wider deployment. TfL would be most likely to consider such an option when the contracts for the existing services come up for renewal, which means that they may be some years away. However, TfL might be given an option by a bus manufacturer to run some of theses buses rather sooner on one or more of the Chepstow Road routes as an experiment. There could be a large market for such buses and leading manufacturers might welcome an opportunity to try them out in real service conditions. 3.8 Officers met representatives of TfL on 5 September 2008 to discuss the latest position. The position statement that was discussed at the meeting is attached as Appendix 2. Page 5 of 12 4. The City Council’s position 4.1 The City Council has made representations to TfL based on these various measurements of noisy buses. It will continue to press for further action to reduce noise and vibration from buses overall, and the Volvo buses in particular. The standards now set out by TfL for all new bus contracts are a significant improvement, without being impossible for manufacturers to achieve. They represent levels that are currently attained by the quieter diesel buses from some of the existing suppliers. 4.2 Information on the steps being taken by TfL was also disseminated at the Bayswater Area Forum on 14 November 2006. TfL’s Head of Surface Transport Communications attended this Forum, together with Council officers and Members, and answered questions from concerned residents. 4.3 It is considered that recent concerns over bus speeds in Chepstow Road may not be well founded as opportunities for speeding there are very limited because of the combination of parking and traffic signals. Any move to limit the speed of buses well below 30 mph may only result in the bus using a lower gear with a possibility of a higher engine speed and more noise. If a general speed limit lower than 30mph were to be contemplated in Chepstow Road and along other parts of the five bus routes involved with similar residential frontage, the bus services for passengers would be much slower and much more costly to operate. Neither outcome is considered desirable. 4.4 If acceleration is regarded as the indicator of speed, then it is correct that the acceleration of all modern diesel buses under power has been steadily increasing over recent years. It is now close to that only previously achieved by trolley buses, and can surprise other road users and pedestrians, as well as being disturbing for passengers on board. However, it does benefit passengers, operators and TfL with reduced delays after every stop and again with quicker journeys and reduced operating costs. 4.5 The limited powers available to the Council over bus engine noise constrain it to making representations by TfL, who is the service provider. For the carriageway a high quality surface can reduce additional noise and vibration emanating from vehicle tyres and suspension. Such noise is heard and felt by frontagers, and it is within the Council’s power to provide the necessary quality of surfacing. 5. Legal Implications 5.1 There are no direct legal implications. Local highway authorities are not liable for noise and vibration caused by traffic on their roads. 5.2 In accordance with Standing Order 8, and the relevant provisions relating to executive decision-making under the Local Government Act 2000, petitions are to be referred to the appropriate Chief Officer who shall, at the first convenient opportunity, submit to the relevant Cabinet Member, in this case Page 6 of 12 Councillor Danny Chalkley as Cabinet Member for Environment and Transport, a report on the receipt of the petition detailing either the action taken or seeking instruction as to the action to be taken. 6. Consultation 6.1 While there has been no formal consultation with all residents of the area on the issues around noisy buses, there have been numerous meetings and opportunities for residents and their associations to express their views. These meetings have involved discussions with Ward Councillors and dialogue with TfL officers. There has also been extensive correspondence with concerned residents to ensure they were fully informed over the noise issues. All told the informal consultation has included a discussion at two meetings arranged by the Westbourne Park Neighbourhood Association, two meetings with residents at TfL premises, and information exchanged at the Bayswater Area Forum with TfL representatives and other interested parties, when two Bayswater Ward Councillors were present. The consensus view of residents on each occasion has been that the noise issue was a serious problem. 7. Financial Implications 7.1 This report has no financial implications. 8. Impact on Health and Well-being 8.1 The various actions on engine noise introduced so far by TfL for the buses will improve local environmental conditions. 9. Staffing Implications 9.1 There are no direct staffing implications as a result of this report. 10. Outstanding Issues 10.1 Officers will continue to work with TfL in order to seek a resolution of the issue of excess noise from buses. 11. Performance Plan Implications 11.1 There are no direct implications. 12. Crime and Disorder Act 12.1 There are no implications under this Act. 13. Health and Safety Issues 13.1 There are no health and safety issues arising from this report. Page 7 of 12 14. Co-operation with Health Authorities 14.1 There are no issues relating to co-operation with health authorities arising from this report. 15. Human Rights Act 1998 15.1 There are no issues relating to responsibilities under the Human Rights Act 1998 arising from this report. 16. Traffic Management Act 2004 16.1 There are no known impacts on the Traffic Management Act 2004 except that there would be significant inconvenience for bus passengers if the bus services were withdrawn. 17. Conclusions and Reasons for the Proposed Decisions 17.1 This report considers a petition by the Westbourne Neighbourhood Association presented to the Council on 19 July 2006 concerning noisy buses in the Chepstow Road area, and details the actions subsequently taken in response to the petition. TfL has fully modified its existing fleet of buses. It is recommended that the Council should continue to press TfL to only accept new buses into service, which meet its new standard with lower noise levels. In addition the Council should press TfL to research the generation of low frequency noise from its existing buses, seek modifications to reduce it on these buses, and establish acceptable limits for this noise on new buses for incorporation into future bus operating contracts. 17.2 It is recommended that the Council should also continue to press TfL to introduce a new generation of buses with a hybrid drive system, or with an equivalent step change reduction in noise, as quickly as possible on the routes through Chepstow Road. In particular the Council would welcome their introduction there on an experimental basis. This would be in recognition of the exceptional number of routes that use this street with predominately residential frontages, and a reflection of its intention to introduce such buses as soon as possible on all these routes. 17.3 It is recommended that the Council should inform the petitioners of the limited powers available to the Council over noisy buses, even though it has been actively making representations about the noise problems. The Council has carried out resurfacing of the carriageway of Chepstow Road to reduce surface noise. Page 8 of 12 If you have any queries about this report or wish to inspect any of the background papers please contact: Graham Attwell Strategy and Programmes, Transportation Department Telephone 020 7641 1919 E-mail gattwell@westminster.gov.uk List of Appendices 1. TfL’s letter to Volvo dated 6th October 2006 setting out new noise standards. 2. TfL’s update on Central London Bus Noise Issues – position statement presented to meeting on 5th September 2008 Background Papers 1. Petition issued to Council on 19 July 2006. 2. Results of transport noise measurement study carried out along Chepstow Road by the Council in February 2006. 3. Results of second noise study of Volvo buses in Chepstow Road – April 2008. Page 9 of 12 For completion by Cabinet Member for Environment and Transport Declaration of Interest I have no interest to declare in respect of this report Signed ……………………………. Date ……………………………… NAME: Councillor Danny Chalkley, Cabinet Member for Environment and Transport I have to declare an interest State nature of interest ……..…………………………………………… ……………………………………………………………………………….. Signed ……………………………. Date ………………………………… NAME: Councillor Danny Chalkley, Cabinet Member for Environment and Transport (N.B: If you have an interest you should seek advice as to whether it is appropriate to make a decision in relation to this matter.) For the reasons set out above, I agree the recommendation(s) in the report entitled Petition – Westbourne Neighbourhood Association – Noise from buses using Chepstow Road. Signed ……………………………………………… Cabinet Member for Environment and Transport Date ………………………………………………… If you have any additional comment which you would want actioned in connection with your decision you should discuss this with the report author and then set out your comment below before the report and this pro-forma is returned to the Secretariat for processing. Additional comment: ………………………………………………………………… …………………………………………………………………………………………. …………………………………………………………………………………………. Page 10 of 12 NOTE: If you do not wish to approve the recommendations, or wish to make an alternative decision, it is important that you consult the report author, the Head of Legal Services, the Director of Finance and, if there are staffing implications, the Director of Human Resources (or their representatives) so that (1) you can be made aware of any further relevant considerations that you should take into account before making the decision and (2) your reasons for the decision can be properly identified and recorded, as required by law. Note to Cabinet Member: Your decision will now be published and copied to the Members of the relevant Policy & Scrutiny Committee. If the decision falls within the criteria for call-in, it will not be implemented until five working days have elapsed for any call-in request to be received. Page 11 of 12