Air Quality Impact Assessment Beth Conlan AEA Hazel Peace AEA - PowerPoint PPT Presentation

Air Quality Impact Assessment Beth Conlan AEA Hazel Peace AEA

Contents of this seminar • The legislative framework and guidance • Update of Technical Guidance documents • How to appraise an air quality impact assessment • An example of an Air Quality Impact Assessment

The Legislative Framework and Guidance Documents for Air Quality Impact Assessments

What’s in this presentation • Environmental Impact Assessment • Strategic Environmental Assessment • PPS 23 • NSCA guidance • London Council AQ guidance • London Council Control of dust from Construction guidance • Supplementary Planning Documents

Summary of approach to risk • For the actual or perceived level of risk to be material to the consideration of a planning application, the land use planning consequences should be clearly demonstrated . • It is not the role of the LPA to undertake detailed risk assessments of releases into the environment from development proposals. LPAs should rely on the judgement of the relevant pollution control authority. • This information is often presented by the developer within an Environmental Statement

Environmental Impact Assessment • EIA legislation was first introduced in USA in 1969 • In 1985 the EC introduced the EIA Directive 85/377 • Introduced in UK law through the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 • Further guidance provided in Circular 15/88 • Directive was revised in 1997 (97/11/EC) • New EIA regulations introduced in UK in 1999 • Further guidance provided in Circular 02/99.

Schedules Directive introduced two schedules of projects: • Schedule 1 : projects for which EIA is always required. e.g. Smelting of cast-iron and steel Incineration of non-hazardous waste (over 100t/day) Thermal power stations > 300 MW • Schedule 2 : projects for which EIA is required if they are likely to have significant effects on the environment. e.g. Power stations > 50 MW Industrial and manufacturing development Construction of roads and railways > 2 km Urban Development Projects

The EIA Process • Screening The process of determining if a project requires EIA. • Scoping Defining the issues to be considered by an EIA. • Undertaking the EIA and the subsequent production of an Environmental Statement. Determining the significance of environmental effects arising from a project, and putting forward mitigation measures and/or alternatives .

Screening SCREENING - Does The Project Require Formal ENVIRONMENTAL EIA? ENVIRONMENTAL IMPACT IMPACT Is it in Schedule 1? ASSESSMENT ASSESSMENT NEEDED NOT NEEDED No need to publicise YES NO Is it in schedule 2? decision Is it in a ‘sensitive No need to publicise YES NO area’? decision YES NO Does it fall below all 'applicable thresholds' for that type of project? Is it likely to have significant effects on the NO YES No need to publicise environment? decision Decision must be YES NO Decision must be publicised publicised

Strategic Environmental Assessment • Section 39 of Act says local development documents be prepared with view to achieve sustainable development – better quality of life • EU Directive 2001/42/EC requires Strategic Environmental Assessment of all local development documents • This directive in English law via Strategic Environmental Assessment Regs 2004 • Sustainability Appraisal incorporates requirements on SEA in the Directive

Scoping Main statutory requirements: Statutory Consultation • Integrate SEA into Plan-making • Carry out a Scoping Study Environmental Report • Produce an Environmental Report Statutory • Undertake Consultation on the Scoping Consultation Study and the Environmental Report

Delivery Programme - Scoping Determine the key elements of the Plan and alternatives to be assessed Identify other Plans that might interact Baseline Study and further information required Identify key environmental issues Develop SEA objectives and assessment methodology

Environmental Report Analyse Baseline Data: existing and future trends, key environmental problems Predict and evaluate environmental impacts of Plan and alternatives Make observations on mitigation measures Prepare Environmental Report

Planning Policy Statement 23: Planning and Pollution Control, 2004 http://www.communities.gov.uk/index.asp?id=1143802 Statement advises that: • Air Quality is a material consideration • Planning has a key role in locating development giving rise to pollution • There is a need to compliment not duplicate other pollution control regimes e.g. IPPC • Developers need to consult with LPA, EA and EHOs early in the application process • Consideration should be given to submitting planning and IPPC applications in parallel .

Planning Policy Statement 23: Planning and Pollution Control, 2004 Concepts put forward in PPS23 to promote Sustainable Development • putting people first • take long term perspective • take account of costs and benefits • respect environmental limits • applying precautionary principle • use scientific knowledge • procedures to be transparent, access to info, stakeholder participation and access to justice • making polluter pay

Planning Policy Statement 23: Planning and Pollution Control, 2004 •Pre application discussions •Outline planning permission • not usually appropriate for development where a significant new pollution will be created. Where granted need to fully consider the environmental impact and then make sure this doesn’t change before full permission is granted

Planning Policy Statement 23: Planning and Pollution Control, 2004 •Planning conditions • used to control aspects not included in the PPC permit e.g transport modes, hours of operation where have impact on neighbouring land use, landscaping, plant and buildings, timetable for operations, noise, vibrations, dust and AQ from certain construction phases •Planning Obligations • where not appropriate to use conditions or where close to other existing sources of pollution under section 106 of Town and Country Planning Act 1990 e.g. limiting car parking, car free developments, supporting public transport, other transport infrastructure eg walking and cycling routes/paths

Planning Policy Statement 23: Planning and Pollution Control, 2004 AQ impact likely to be important when • development is proposed inside or adjacent to an AQMA • where development itself could result in an AQMA • where to grant permission would conflict with or render unworkable elements of the LAs air quality action plan

Planning Policy Statement 23: Planning and Pollution Control, 2004 LPA should consider • mitigation measures e.g. ensure development reduce the need to travel and encourage sustainable travel choices • Where AQMAs cover regeneration areas an AQ impact assessment should be required • footprint of buildings important • impact assessment should take into account congestion predictions • cumulative deterioration in air quality

NSCA guidance • NSCA guidance • original 2004 • new 2006 update • www.nsca.org.uk

Local Air Quality Management & Planning LAQM regime requires LA to periodically assess AQ P Planning & L Com pulsory A Purchase Act 2 0 0 4 N alongside N I Declare N AQMAs G LAs should integrate fully AQ considerations “Air Quality will be matters for into local planning processes consideration in the preparation of Local Development Documents” LAs should develop local protocols & Develop Supplem entary Planning Docum ents AQ Action Plans

When to do an AQ Impact Assessment • Proposals that will result in increased congestion , a change in either traffic volumes (typically a change in annual average daily traffic (AADT) or peak traffic flows of more than ± 5% or ± 10%, depending on local circumstances) or a change in vehicle speed (typically of more than ± 10 kph), or both, usually on a road with more than 10,000 AADT. This is based on the sensitivity of emission rates to traffic speeds and volumes, and roads below 10,000 AADT normally having a minimal impact on local air quality. • Proposals that would significantly alter the traffic composition (i.e. increase the proportion of HGVs) in an area (e.g. bus stations, HGV parks increased delivery traffic). • Proposals that include new car parking (e.g. >300 spaces or an increase in current parking provision by, for example 25%) or new coach or lorry parks. • Developments located in, or which may affect, sensitive areas (e.g. ecological sites) or areas of poor air quality (including AQMAs), where either direct emissions to air occur, or where any of the preceding criteria are met. • Introduction of new exposure close to existing sources of air pollutants, including road traffic, industrial operations, sewage treatment works, agricultural operations etc.

Air Quality Assessments Dem onstrate the likely changes in air quality as a result of a proposed developm ent. 3 basic steps: - Assess existing air quality situation - Predict future AQ w ithout - Predict future AQ w ith Some of this information might be available from LA’s R&A.