Meeting documents

Cabinet
Wednesday, 9th January, 2008

Bath & North East Somerset Council

MEETING:

Cabinet

MEETING DATE:

9th January 2008

AGENDA ITEM NUMBER

13

TITLE:

Consideration of the need for further Air Quality Management Areas in Bath.

EXECUTIVE FORWARD PLAN REFERENCE:

   

E

1686

WARD:

All

AN OPEN PUBLIC ITEM

Appendix A; Map of Bath Showing Pollution Hot Spots

Appendix B; Map of Bath Showing Major Road Network with High Levels of Pollution.

Appendix C; Summary of findings from consultation exercise (copy of the full report are available at the Council's access points and Members rooms).

1 THE ISSUE

1.1 Following a review of the air quality across the whole of the local authority a number of areas in Bath have been identified as exceeding the government's acceptable limits for air quality. The authority is therefore required to declare an Air Quality Management Area or Areas. A consultation exercise has been undertaken to hear the public's views on what areas should be included and the Cabinet is being asked to determine, which option they want to approve.

2 RECOMMENDATION

The Cabinet agrees that:

2.1 An Order is made, under section 83(1) of the Environment Act 1995, designating an Air Quality Management Area for the "major road network", as outlined in the map in Appendix B.

2.2 That an Air Quality Action Plan is brought back to the Cabinet within 12 months of the Order, which specifies what actions the Council, can take to reduce pollution within the Air Quality Management Area.

3  FINANCIAL IMPLICATIONS

3.1 Following the declaration of an Air Quality Management area or areas the authority is legally required to produce an Air Quality Action Plan, which states what measures the authority are going to take to reduce the levels of pollution in those areas. Prior to declaring its Action Plan, the authority must consult with the local community on the proposed measures. The Action Plan will commit the local authority to some measure of expenditure and this will be indicated in the consultation document when it is released. Following consultation a recommendation will be made to the Council regarding funding of any necessary measures.

3.2 Addressing air quality problems is one of the criteria used by the DfT to allocate Local Transport Plan funds to local authorities through the Integrated Transport Block and improving air quality is one of the main objectives of the Joint Local Transport Plan. Those schemes recommended in the Action Plan that provide good value for money will be considered for funding from the Integrated Transport Plan block allocation.

3.3 The Greater Bristol Bus Network and Bath Package will also contribute to improved air quality by improving public transport in Bath. Subject to final approval, these major schemes will be mainly funded by the DfT and are planned for completion in 2012.

3.4 We have included a "growth item" of £20k in the Environmental Services, Service Plan to finance an additional member of staff for a period of six months to develop an Air Quality Action Plan, to include measures to reduce the levels of pollution, consult on the plan and produce a report, to be brought back to Cabinet within 12 months.

  • 4 COMMUNITY STRATEGY OUTCOMES

  • Taking responsibility for our environment and natural resources now and over the long term
  • Improving our local transport
  • Improving our local environment
  • Improving our local health and social care
  • 5 CORPORATE IMPROVEMENT PRIORITIES

  • Improving the Quality of Public Transport/Roads/Pavements and easing congestion
  • Improving the public realm
  • Improving customer satisfaction
  • 6 CPA KEY LINES OF ENQUIRY

  • Creating and developing a better quality of life for the area through
  • o Sustainable Communities and Transport
    o Safer and Stronger Communities
    o Healthier Communities

    7 THE REPORT

    7.1 The Environment Act 1995 introduced a requirement that every local authority should carry out regular reviews and assess the air quality within their boundaries. The Government set standards for a number of pollutants, which they required authorities to monitor. If the levels of pollution are found to be above, or predicted to be above, the Government's targets then the local authority is required to declare an Air Quality Management Area (AQMA's) for that area.

    7.2 AQMA's are set up where air pollution levels are high enough to be a potential health risk. As almost all air pollution comes from traffic emissions, AQMA's are often set up along major roads. Bath already has one AQMA along the London Road and Bathwick Street. Measures to improve air quality in this area have already been determined and an Air Quality Action Plan has been produced. Money from government has been allocated to the Council to deal with traffic related air pollution in the Integrated Transport Block Allocation.

    7.3 A detailed review of the air quality in 2005 revealed a number of traffic "hot spots" that exist in the city, all of which have levels of pollution (Nitrogen Dioxide) higher than the Government's acceptable limits and the Council must now therefore declare further AQMA's. The areas identified are at Windsor Bridge (including the lower and Upper Bristol Road junctions), Broad Street, parts of Wells Road, Widcombe High Street area, the arterial route through the city centre via Queen Square, George Street and Paragon onto London Road, and the area at the south end of St James's Parade and Somerset Street. A map showing the areas is provided at Appendix A. However, the detailed review recommended that, as there were a number of traffic "hot spots" in the city that it would be more beneficial to combine these areas and declare one AQMA across the major road network in the city. A map showing the major road network is provided in Appendix B.

    7.4 In July 2007 a report was taken to the Council's Safer and Stronger Communities Overview and Scrutiny Panel looking at the issue of air quality in Bath. At the meeting the Panel made the following resolution:-

  • It was RESOLVED that the Panel ask that Full Council considers the whole of the city of Bath be included as an Air Quality Management Area (at that time a report was due to go before Full Council, but following legal advice the report is now being presented to the Cabinet).
  • 7.5 The Council's options are to implement one of the following:-

    (1) Not to declare any Air Quality Management Areas.
    (2) Create new Air Quality Management Areas specific to the hot spot sites in question;
    (3) Declare the major road network as one Air Quality Management Area.
    (4) Declare the whole of the city of Bath as an Air Quality Management Area.

    7.6 The Cabinet are being asked to decide on their preferred option and to instruct officers to declare the relevant area or areas.

    8 RISK MANAGEMENT

    8.1 The report author and Lead Cabinet member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance.

    9 RATIONALE

    9.1 The rationale behind recommending that the entire major road network in Bath is declared an Air Quality Management Area is that this provides a more comprehensive solution to reducing the levels of traffic related pollution across the city. There are economies of scale in that similar measures will need to be taken for each area and that some of the schemes can be combined.

    10 OTHER OPTIONS CONSIDERED

    10.1 Other options considered include:-

(1) Not to declare an additional management area or areas. This is not an option as the Council would be in breach of the air quality regulations.

(2) Just declaring the "Hot Spots". This has been dismissed as it would be inefficient and ineffective as the traffic related pollution is transboundary.

(3) The option, suggested by the Safer and Stronger Communities Overview and Scrutiny Panel, of declaring the whole of Bath an AQMA has been dismissed as there are large areas of the city where the levels of traffic related pollution do not exceed the government's guidelines. To declare the whole of the city would leave the Council open to challenge, which could not be defended in those areas with "good" air quality. To declare the whole of the city would also put extra financial pressure on the Council as this would require additional mitigating measures to be introduced.

11 CONSULTATION

11.1 A full consultation exercise has been carried out over a period of three months including all of the residential and local businesses within and surrounding the two proposed options (2) and (3) in 7.5 above. The consensus of opinion from the consultation exercise is for the whole road network within Bath to be declared an Air Quality Management Area. A summary of the findings of the consultation exercise is provided in Appendix C.

12 ISSUES TO CONSIDER IN REACHING THE DECISION

12.1 Social Inclusion; Sustainability; Property; Human Rights; Corporate; Other Legal Considerations

13 ADVICE SOUGHT

13.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer have had the opportunity to input to this report and have cleared it for publication.

 

Contact person

Andrew Jones, Environmental Monitoring and Licensing Manager.

Tel: 01225 477557

Sponsoring Cabinet Member

Councillor C Gerrish

Background papers

Defra Policy and Technical Guidance on Local Air Quality Management.

Please contact the report author if you need to access this report in an alternative format