PART I
Agenda Item No:South Lakeland District Council
CABINET
Meeting Date: / 22 September 2010Report Author: / Phil Greenup, Environment & Housing Manager
Portfolio: / Cllr Clare Feeney-Johnson, Environment & Sustainability
Report from: / Debbie Storr, Corporate Director (Monitoring Officer)
Wards affected: / Kendal Kirkland, Kendal Highgate, Kendal Fell Ward, Kendal Mintsfeet
Key Decision: / KD10/011/E&S
Forward Plan: / 1 August to 30 November 2010
EXTENSION OF THE AIR QUALITY MANAGEMENT AREA IN KENDAL
1.0PURPOSE OF REPORT
1.1This report is presented to inform members of the outcome of the targeted public consultation exercise on the proposal to extend the Air Quality Management Area (AQMA) in Kendal due to high levels of Nitrogen Dioxide (NO2) to meet the legal requirements of the Environment Act 1995.
2.0RECOMMENDATIONS
It is recommended thatMembers:
1. receive the report andnote the response to the public consultation on the proposed extension to the current Air Quality Management Area;
2. approve the decision to declare the extension,subject to Defra’s approval; and
3. agree to Member participation on the Air Quality Steering Group in order to revitalise the Group.
3.0BACKGROUND
3.1The Environmental Protection Team have been reviewing and assessing air quality in South Lakeland for 15 years in accordance with Defra’s guidance under the Environment Act 1995. This led to the declaration of the Lowther Street AQMA in 2000 for exceedences of the Government’s annual objective for Nitrogen Dioxide of 40µg/m3, caused by emissions from the traffic on Kendal’s roads.
3.2Since then further exceedences have been measured in the Kirkland, Blackhall Road, Longpool, and Wildman Street areas. Defra guidance states that exceedences should result in the production of a Detailed Assessment, in particular detailed computer modelling to show more clearly the extent of the exceedences. This was carried out in 2009 on behalf of SLDC by AEA Energy & Environment using funding from a Defra Air Quality Grant.
3.3The report predicts exceedences on the east side of Highgate, on Blackhall Road, Longpool, Wildman Street and New Road and at Sandes Avenue traffic lights. It also confirms that Lowther Street continues to exceed the objective.
3.4Further monitoring has been carried out to confirm these exceedences. This was commenced in September 2009 and the results to date add weight to the findings of the modelling. This has been used to inform the exact areas to be included in any AQMA.
4.0RESEARCH AND CONSULTATION
4.1The Environmental Protection Group has submitted the Detailed Assessment, along with details of the AQMA proposed as a result, to Defra for approval. Prior to this, Cabinet resolved on 24 March 2010 to approve a targeted public consultation exercise on the extended AQMA, with consultation ending on 2 August 2010.
4.2Public consultation took the form of a letter to each residential property within the proposed and existing AQMAs (605 properties), an article on the SLDC website, a presentation at the Kendal and District Neighbourhood Forum and a press release. For reference, alongside the public consultation ran a consultation of statutory consultees (as required by Defra) including the National Parks, Town Council, neighbouring Local Authorities, Environment Agency, Cumbria County Council and other SLDC departments.
4.3Responses to the public consultation were received from 14 members of the public. Comments are summarised in Appendix 1. No objections to the proposal were received.
4.4The proposal was also considered by Communities Overview and Scrutiny Committee on 27 July 2010. They resolved that:
(1) the report be noted; and
(2)Officers be asked to -
a. liaise with Cumbria County Council with a view to making air pollution control a high priority;
b.investigate the pollution levels caused by buses and heavy goods vehicles; and
c.present the revised action plan to the Committee in due course.
The Environmental Protection Group will progress these issues.
4.5Once an AQMA is declared the Council must undertake further assessment (which includes the monitoring already underway) and produce an Action Plan to deal with air quality in the AQMA. South Lakeland District Council already have an Action Plan for the Lowther Street AQMA and it is envisaged that this document will also encompass the new areas, as the actions contained in it will also impact on these (the current Action Plan is shown inAppendix 3).
4.6The current Action Plan for Lowther Street has been in place for several years, however as the source of the Nitrogen Dioxide (NO2)is road traffic, the main solutions rest with the County Council who are the Highways Authority. The County Council are members of SLDC’s Air Quality Steering Group. One of the major actions planned for this year is the introduction of a Split Cycle Offset Optimisation Technique (SCOOT) control system for some of the traffic lights in Kendal. This system should improve the flows of traffic through Kendal, reducing congestion and thereby reducing vehicle emissions of NO2.
4.7As well as the actions contained in the Action Plan, Development Management can secure developer contributions for traffic reduction measures and the Local Development Framework can direct development to locations which offer the best possible access to sustainable transport choices. An AQMA, once declared, is a material planning consideration for all developments inside or adjacent to the AQMA and all major developments that potentially increase traffic through the AQMA. This means that development proposals which could compromise the objectives of the Air Quality Action Plan, for example, by affecting air quality overall or increasing peoples' exposure to unacceptable air quality, will have to address and mitigate potential air quality impacts. Effective mitigation and the implementation of positive measures is the preferred approach and development will only be resisted where this cannot be achieved.
5.0PROPOSAL
5.1It is proposed that the Council proceed with the extension of the AQMA as detailed on the attached plan (Appendix 2). This shows in red the proposal for extending the existing AQMA, taking into account the results of the Detailed Assessment and monitoring. The existing AQMA is shown in blue (the ‘N’ numbers refer to monitoring locations).
5.2The area has been extended from the original proposal in the report to Cabinet on 24 March 2010 to include the Windermere Road / Stricklandgate junction following further monitoring. Taking into account the responses to the consultation, it has also been extended to include Beezon Road for completeness, due to the presence of the newly constructed Kentside development. However it is not expected, looking at modelling and monitoring results, that exceedences will be experienced here. No further amendments have been proposed (see Appendix 1).
5.3The proposed AQMA covers one large area, rather than several small pockets covering only the predicted or monitored areas of exceedence, and at this time errs on the side of caution. It will mean that should the area of exceedence of the NO2 objective be found to be wider than predicted, or levels increase in the future, they will already be covered by an AQMA. This means that the council is only managing one AQMA where the source is linked to road traffic, it allows for integrated management and one Action Plan for the AQMA, and follows best practice advice from the Government.
5.4The proposed extension of the AQMA will discharge the authority’s legal duties and it will raise the priority to achieve traffic improvements to this area.
6.0ALTERNATIVE OPTIONS
6.1There are no alternative options. Once exceedences of the Objective have been measured, the Authority must by law proceed to declaration of an AQMA.
7.0NEXT STEPS
7.1If approved, the extension will be formally declared in September 2010. A Further Assessment (including increased monitoring) will be completed within 12 months of the declaration, as required by the Government. The existing Action Plan will be reviewed alongside this to take account of the new area and the further action which will be required to impact on pollution levels.
8.0IMPLICATIONS
8.1Financial and Resources
8.1.1To be met from within existing budgets
8.2Human Resources
8.2.1N/A
8.3Legal
8.3.1The proposal will help meet the Council’s legal obligations under the Environment Act 1995.
8.4Social, Economic and Environmental Impact
8.4.1A sustainability impact assessment has been carried out giving an overall positive impact through the improvement in air quality from the implementation of measures in the proposed action plan.
9.0RISK ASSESSMENT
Risk / Consequence / Controls requiredResidents objections / Delay in declaration / Full & appropriate public consultation to allay public fears
Delaying / taking no action / Public health impacts;
Naming and shaming by Defra / Declare / extend AQMA
Property blight / Reduction in house price in AQMA *
(* No evidence was recorded of this nationally and it did not appear to occur following declaration of the Lowther Street AQMA) / Completion of actions in Action Plan to reduce pollution levels to below objective & revoke AQMA.
10.0EQUALITY AND DIVERSITY
10.1An equality and diversity impact assessment has been carried out, and there is no evidence that these regulations will have a negative impact.
11.0LINKS TO THE CORPORATE PLAN AND PERFORMANCE INDICATORS
11.1The proposals link directly to:
Outcomes 1.1 – Peoples essential needs are addressed through effective public services and,
Outcome 1.5 – Physical and mental health and well-being is improved for people in South Lakeland.
12.0CONCLUSION AND EXPECTED OUTCOMES
12.1The proposal to extend the Air Quality Management Area is to meet the council’s legal obligations under the Environment Act 1995. The overall aim of the process is to develop an action plan to bring levels of NO2 in Kendal down to below the Government objective level, so safeguarding the health of Kendal’s residents.
APPENDICES ATTACHED TO THIS REPORT
Appendix No.1 / Summary of responses to public consultation
2 / Map of the current and proposed extended Air Quality Management Area
3 / Air Quality Management Area Action Plan 2009 Progress Report
CONTACT OFFICERS
Philip Greenup, Environment & Housing Manager, 01539 797561,
BACKGROUND DOCUMENTS AVAILABLE
Detailed Assessment for Kendal Town CentreRachel Shaw
- AEA Energy & Environment
South Lakeland Progress Report & AQMA Rachel Shaw
Action Plan Progress Report 2009 - SLDC
Local Air Quality Management Technical Rachel Shaw
Guidance LAQM.TG(09) – Defra
TRACKING (*Report author to complete with appropriate date to indicate if report has been cleared by the following. State not applicable if it is not relevant.)
Assistant Director / Portfolio Holder / Solicitor to the Council / CMT / Scrutiny CommitteeResponse 9 August 2010 / Sent 3 August 2010 / 17 August 2010 / Sent 3 August 2010 / 27 July 2010
Executive (Cabinet) / Committee / Council / Section 151 Officer / Monitoring Officer
22 September 2010 / N/A / N/A / Sent 3 August 2010 / Response 4 August 2010
Human Resource Services Manager
Sent 3 August 2010
SUMMARY OF RESPONSES TO PUBLIC CONSULTATION – APPENDIX 1
PURPOSE OF APPENDIX
1The purpose of this Appendix is to outline the responses to the public consultation on the extension of the existing Air Quality Management Area.
Responses:-
13 responses received directly from members of the public within the proposed area, plus 1 via MP Tim Farron.
2 comments from Councillors.
No objections to the proposal.
Onesuggestion for amendment to the proposed areareceived: to include the south side of New Road, Station Road and Beezon Road – Beezon Road has now been included. It was not considered appropriate to include Station Road or New Road south due to the absence of residential properties (‘receptors’) in these areas.
General comments:
Don’t want proposal or Action Plan to impact on Highgate or it’s economy and parking – there is nothing wrong with this area as it is;
Enquiry whether ill health could be because of this;
Requests for further information / advice;
Health concerns;
Pedestrianisation of Stricklandgate, HGV’s & large amounts of traffic are to blame;
Why bother telling residents;
Agree it’s a problem;
Traffic is making windows & curtains black;
Feel nothing will come of this;
Talking is no good – need action;
Congestion is worse because there is not enough car parking spaces – cars should not be removed from New Road;
This is a bad thing for Kendal;
Requests for large scale maps;
Querying monitoring & averaging of results.
Specific suggestions:
“1) A6 Southbound at the Romney Rd junction. Two lanes of traffic could easily flow through the lights with the right turn prohibited. The small numbers of vehicles wishing to turn right could instead turn left and go round the roundabout.
2) The pedestrian crossing on Sands Ave by the river should be linked to the traffic lights at Blackhall road. All too often the pedsetrian (sic) crossing stops traffic when the traffic lights are green.
3) The traffic lights at the end of Burneside Rd have had their sequence changed unnecessarily to allow traffic turn right into Burnesdide (sic) Rd. This causes greater queues for traffic entering Kendal from Windermere Rd.”
“Increase is in no small part due to: 1) In the last 18 months, three or four new sets of traffic lights/crossings have been installed in the affected area, thus reducing still further the flow of traffic through the town. The time taken to travel in bus or car from the railway station to Aynam Road has doubled in recent months at peak times. Vehicles stopped by these lights continue to leaveengines running of course. 2) The bridge near the church here (on New Road) has been reduced to one lane of traffic, thus causing a bottleneck, as the traffic does not naturally filter.
May I therefore respectfully suggest that the recently introduced traffic measures are a major cause of these problems and should be reviewed so that nitrogen dioxide levels might be brought lower.”
PROPOSED EXTENSION OF THE AIR QUALITY MANAGEMENT AREA IN KENDAL – APPENDIX 2
PURPOSE OF APPENDIX
1The purpose of this Appendix is to outline the current Air Quality Management Area (in blue) and proposed extended Air Quality Management Area (in red) in Kendal.
AIR QUALITY MANAGEMENT AREA ACTION PLAN 2009 PROGRESS REPORT – APPENDIX 3
PURPOSE OF APPENDIX
1The purpose of this Appendix is to provide for reference a copy of the existing Air Quality Action Plan.
South Lakeland District Council is required by Part IV of the Environment Act 1995 to work towards the air quality objectives contained within the legislation. This Action Plan is produced to show what the Council is doing to achieve this.
This update on the Action Plan has taken into account Defra’s comments following consultation on the 2009 Updating and Screening Assessment. It uses the new template format provided by Defra and removes actions completed in previous years and actions which are no longer to be used. Any targets in place and achievements have been included and progress towards meeting these targets will continue to be reported in subsequent assessments.
Progress has been made in several areas in 2009, including the introduction of the Cycle to Work Scheme at SLDC, the completion of School Travel Plans for all Cumbria’s primary schools and the submission of Kendal Future’s Car Parking Report to the Car Park Working Group.
The combined impact of the actions on Nitrogen Dioxide levels in the AQMA in 2009 is shown in the graphs and tables in 2.2.1 above. A 12.56% (middle Lowther Street) to 19.71% (top Lowther Street) reduction in NO2 is required to meet the objective in 2010, therefore the overall target reduction is approximately 20%. However, the nature of the actions makes it difficult to quantify the impact on NO2 levels of each individually. In addition, there is not enough detailed traffic data available from the County Council (modal split, average speeds) to enable the spreadsheets which are available to be used effectively. It would be hoped that each individual action would add to a combined reduction in levels to meet the requirement above. However, he 2009 annual mean NO2 results of the diffusion tube monitoring and the continuous analyser within the AQMA actually show that levels remain high, close to or above the 2010 objective and have actually increased from 2008 levels in 2009 in some locations. Without radical progress by Cumbria County Council on changes to the road system, vehicle access and parking in Kendal it is unlikely that the objective will be achieved.
KEY:
SLDC EP = South Lakeland District Council Environmental Protection Group
SLDC CS = South Lakeland District Council Community Services
SLDC SE = South Lakeland District Council Social Enterprise
SLDC HR = South Lakeland District Council Human Resources
SLDC DP = South Lakeland District Council Development Plans
SLDC DC = South Lakeland District Council Development Control
SLDC CV = South Lakeland District Council Corporate Vision
Car Park Working Group = Representatives from SLDC, CCC Highways, LDNPA, CT
CCC = Cumbria County Council
VOSA = Vehicle & Operator Services Agency
KDCS = Kendal & District Cycle Scene
CT = Cumbria Tourism
SLACC = SouthLakes Action on Climate Change
FoLD = Friends of the Lake District
No. / Measure / Focus / Lead authority / Planning phase / Implemen-tation phase / Indicator / Target annual emission reduction in the AQMA / Progress to date / Progress in last 12 months / Estimated completion date / Comments relating to emission reductions1 / Encouraging and implementation of Better Ways to School. / Reduce ‘school run’ traffic in AQMA. / CCC / 2010 / 100% of Kendal schools to have Travel Plan by 2010. / Cycle & pedestrian training and annual cycle parking survey completed. / Completed implementation – 100% of schools now have Travel Plan. / 2010
2 / Increased cycle network provision. / Improved access to safe cycle routes through Kendal. / CCC
SLDC DP / 2012 / Kendal Cycle Network Action Plan to be implemented by 2012.
Increase no. trips by bike by 10% by 2012. / CCC working on Plan, updating existing 2007 version
Plans for the proposed Riverside route in Kendal have been well received and a final decision from councilors isexpected soon. As well as providing a safe and attractive route for walkers and cyclists to access the town centre, further development of this route would offer a potential solution to the problem of joining up National Route 6 across the town between Canal Head and Burneside Road. Further works still required in central Lakes to complete NR6.
Following unsuccessful submission to Cycling England for Kendal to be a ‘CycleDemonstrationTown’ no further indication yet of next round for resubmission.