APP/C1570/A/06/2032278
The National Trust
Stansted G1 Inquiry
Conditions and Obligations
1INTRODUCTION
1.1This paper updates The National Trust’s (NT’s) position in relation to conditions and obligations following the sessions held on Thursday 4th and Friday 5th October 2007.
1.2It follows on from NT/5.1 (deposited at the conclusion of NT’s evidence on 7th September) and NT/5.2 (deposited on 4th October).
2PROPOSED CONDITION RELATING TO AIR NOISE
2.1The following condition is sought in relation to air noise:
Condition ATM5
1.1No more than 241,000 ATMs shall be scheduled at STN in any calendar year
(a)until a HatfieldForest Air Noise Mitigation Scheme has been approved in writing by the LPA, nor
(b)unless the Scheme is in operation.
1.2For the purposes of this condition, a Hatfield Forest Air Noise Mitigation Scheme is a scheme which includes, but need not be limited to, making provision for limiting the number of ATMs at STN scheduled between 1100hrs and 1700hrs local time to 206 ATMs.
Reason for ATM5 To protect the amenity of HatfieldForest and visitors to it.
2.2Commentary. NT does not consider that the number of ATMs should be an ‘average’ of 206 since that would be imprecise unless at least the averaging period is defined. Attention is however, drawn to the fact that it is the number of ‘scheduled’ flights that is controlled so that in the event of there being late departures or arrivals the condition would not be breached. Justification for this condition is at Appendix 1 of this paper. If the principle of imposing a cap on ATMs is accepted, but it is considered that the restriction is too tight for operational reasons, then it might on balance be concluded that a different ceiling figure or different hours would be appropriate. From NT’s standpoint this would appear to be the only mechanism by which this problem can be mitigated and, if nothing is done, it would represent a serious permanent loss of amenity for HatfieldForest and those who visit it. If a condition of this sort is not imposed there would be no way back to the limited degree of tranquillity which the Forest currently enjoys and would enjoy at 25mppa.
3PROPOSED OBLIGATIONS OR CONDITIONS RELATING TO AIR QUALITY AND NATURE CONSERVATION
3.1During the session on the draft s.106 obligations, held on 5 October, NT suggested a number of additions to the draft as set out in NT/5.2. These were not accepted by BAA who while offering a single diffusion tube in HatfieldForest and a letter of comfort, stated that they were unable to agree to them until their consultants had had the opportunity to study their need in detail. NT made it clear at the session that its experience last time had been that work it regarded as essential had to be tailored to BAA’s budget of £70k.
3.2From NT’s standpoint the correct approach is that the work needs to be done and that there needs to be a clear obligation or condition requiring BAA properly to undertake it in a manner which leaves no opportunity for toning it down or restricting it in any way. NT’s justification for such obligations or conditions is at Appendix 2.
3.3NT’s suggested changes to Draft G1 S 106 Work in Progress 3rd October 2007 are as follows.
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Part 3 – Obligations relating to Air Quality.
- STAL shall until 2020 monitor air quality in the vicinity of the Airport in the following terms:
- continuous monitoring of nitrogen oxide and fine particulate matter (PM10) at three fixed sites (High House, north of Runway site and at a site to be agreed within Hatfield Forest) as indicated on Plan 6……(NT requests that two sites should be within Hatfield Forest)
- Diffusion tube monitoring of nitrogen dioxide levels at not less than four sites to be agreed with UDC (NT requests that three tubes be located in Hatfield Forest and that diffusion tubes will also need to be co-located with the continuous monitoring stations as well as those required under 1.1 above. See Appendix 2.)
Note: Both references to “to be agreed” should be replaced with “approved by UDC” and consequential adjustment as necessary.
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Part 8 – Obligations relating to Nature Conservation
- STAL shall undertake a further study based on that undertaken for the 25mppa 106 agreement that would assess the effects of noise air and light pollution on the flora and fauna in Hatfield Forest at 230,000 PATMs to include the recording of the occurrence of lichens on branches and twigs, the examination for signs of NOx damage on tree leaves, using a sample of at least 40 trees to investigate the effect of NOx and a proposal for that study is to be provided to UDC within 12 months of the Date of Grant for UDCs approval.
3.4If BAA will not agree the above amendments to the s.106 obligation, NT requests that appropriate conditions be imposed covering the same matters. These would need to be in a ‘Grampian’ formulation and are:
Air quality and nature conservation conditions
1.1No more than 241,000 ATMs shall be scheduled at STN in any calendar year
(a)until a HatfieldForest Air Quality Monitoring and Mitigation Scheme has been approved in writing by the LPA, nor
(b)unless the Scheme is in operation.
1.2For the purposes of this condition, a HatfieldForest Air Quality Monitoring and Mitigation Scheme is a scheme which includes, but need not be limited to, making provision for
(a)the continuous monitoring of NOx for the previous calendar year at Shell House and at the Hawthorns no less frequently than every 5th anniversary of the grant of this permission,
(b)the continuous monitoring of NOx at Shell House and at the Hawthorns for such additional periods as are reasonable for the purposes of comparison with other continuous monitoring stations in the area,
(c)the continuous monitoring of NOx at Stansted 4 (not moved from the present position) for the previous calendar year at every 5th anniversary of the grant of this permission for up wind comparison purposes with the continuous monitoring stations at Shell House and the Hawthorns,
(d)the provision of no less than 3 NO diffusion tubes in Hatfield Forest to be read every month and figures provided to UDC and NT every three months, and
(e)steps to be taken for the purposes of reducing NOx concentrations within HatfieldForest to below 30μgm-3 in the event that any exceedence is measured or predicted.
2.1No more than 241,000 ATMs shall be scheduled at STN in any calendar year
(a)until a HatfieldForest Nature Conservation Monitoring and Mitigation Scheme has been approved in writing by the LPA, nor
(b)unless the Scheme is in operation.
2.2For the purposes of this condition, a HatfieldForest Nature Conservation Monitoring and Mitigation Scheme is a scheme which includes, but need not be limited to, making provision for
(a)examining vegetation for signs of the effects of NOx concentrations no less frequently than every 3 years from the date of the grant of this permission,
(b)carrying out nitrogen assessments at HatfieldForest, East End Wood and Hales Wood no less frequently than every 3 years from the date of the grant of this permission
(i)in the same manner as pursuant to clause 1.3 of the s.106 agreement [give date and full reference – to be completed] but expanded to include
(ii)assessment of lichen communities on branches and twigs of trees, and
(iii)embracing no less than 40 trees in HatfieldForest, and
(c)taking steps for the purposes of reducing NOx concentrations within HatfieldForest in the event that any adverse effect from NOx concentrations is revealed or predicted.
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Appendix 1
Proposed condition relating to air noise – ATM5
1.This matter was raised by Mr Stigwood in his evidence on behalf of NT. He was cross examined on the subject at some length by Mr Humphreys (see transcript for 9 September, pp 40-64 and page 72, for example). Mr Stigwood concluded that the intensity of use during the daily period from 1100 – 1700 hours would be such that if exceeded by additional flights it would lead to a permanent unacceptable loss of the remaining periods of tranquillity in HatfieldForest.
2.The draft condition limit of 206 ATMs between the hours of 1100 to 1700 is the number of ATMs which would take place at 25mppa. The consequence of this condition would be to add 4.75 flights/hour on average (in the 35mppa scenario) between the hours of 0600 and 1100, and 1700 and 2400. To give the relevant comparison, during these hours (at 35mppa) there would be 43 ATMs per hour without the condition; and 48 ATMs per hour with the condition imposed.
3.The figures of 43 and 48ATM’s in paragraph 2 above have been calculated as follows:
Number of ATMs in the circumstances of the proposed @ 35 mppa.
Total ATMs per day @35mppa = 804.
Between 11.00am and 5.00pm = 263.
ATMs after 12.00pm and before 6am = 25.
Total ATMs to be accommodated between 6am -11am and 5pm - 12pm = 804 – (263 + 25) = 516 ATMs divided by 12 hours = 43 ATMs per hour.
Number of ATMs in the circumstances of the proposed 11am to 5pm restrictions being imposed @ 35 mppa.
Total ATMs per day @35mppa = 804.
Between 11.00am and 5.00pm = 206.
ATMs after 12.00pm and before 6am = 25.
Total ATMs to be accommodated between 6am -11am and 5pm - 12pm = 804 – (206 + 25) = 573 ATMs divided by 12 hours = 48 ATMs per hour.
The figure of 48 ATMs per hour is within the capacity of the runway.
The above figures are calculated from CD5 (Volume 2 of the ES, Figures 7 & 8) as transposed into the table in NT/5.1, page 5, para. 5.5.
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Appendix 2
Proposed obligations or conditions relating to air quality and nature conservation
Continuous Monitoring of Nitrogen Oxide at two sites within HatfieldForest. (as suggested in NT2a Para 3.4.1)
The requirement for two sites within the Forest (as set out in paragraph 3.3 of the main body of the paper above) is so that a north-west station would establish whether levels are dropping as the model has predicted since this is a critical place where levels are likely to be exceeded. A second station near the Shell House area would provide an understanding of the pollution gradient across the Forest and therefore the amount of the Forest which is being affected. (In order to address issues in NT2a Para 1.5.2.2 & 3.2.2)
Nitrogen Diffusion Tubes at three sites on the Forest.
This will give an understanding of the levels across the Forest and will need to be co-located with the continuous monitoring stations so reliable bias correction can be made.(As required in NT 2a Para 3.5.2)
Scheme for undertaking further study to assess the effects of noise, air and light pollution on the flora and fauna of HatfieldForest.
This should include:
Recording the lichen communities on twigs. (Lichen sensitivity NT2a 1.4.3)It has been shown that lichens on twigs respond more quickly to changes in environmental conditions than those on trunks and therefore can act as early indicators of changes in conditions.
In order to establish whether or not NOx is causing damage to the vegetation and if so to what extent, a regular examination of the leaves for signs of tissue damage is required. (NOx impact on plant communities NT2a 1.3.1)
The lichen/bryophyte surveys carried out in Hatfield Forest and surrounding woods as part of the 25mppa 106 Agreement involved sampling using 10 cm x 10 cm quadrats placed on the west side of the tree trunk at breast height and 0.5 m above ground. Frequency estimates of lichen and bryophyte abundance were then made. Quadrat surveys were carried out on 10 ash and 10 oak trees at each site (Hales wood, Eastend wood, Hatfield forest x 2). A survey in Epping Forest to investigate the effect of NOx on lichens sampled an average of 40 trees at each site (with a minimum of 10) and recorded all lichen and algae species present up to 2 m height. In comparison, the sampling carried out at HatfieldForest was limited by finance by STAL and therefore was unlikely to yield sufficient data points to reveal any statistically significant relationships. Also no air quality measurements were made at the Hatfield tree measurement sites, restricting the use of the Hatfield surveys in relating lichen abundance/cover to air quality. Therefore, these surveys should be improved in the future by expanding the number of trees sampled at the different locations and introducing air quality monitoring (e.g. NO2 diffusion tubes) at each site. (To address shortcomings in monitoring NT2a Para 3.5.1)
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John PophamFRICS
planning environmental and landscape consultant
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