No comments were received on changing the geographical extent of AQMA proposed.
10. The Environment Act 1995 places a duty on all Local Authorities to review periodically air quality in their area and where air quality is unlikely to meet the statutory objectives requires the Council by Order to designate an Air Quality Management Area.
11. Following the broad support from the pubic consultation, it is recommended that an Air Quality Management Area is designated for the identified area of Windsor Road, Penarth attached in Appendix A and shall come into effect on 1st June 2013
12. The Environment Act 1995 also places a duty on the Council to develop an Action Plan to improve air quality in consultation with the public and stakeholders within 12 months of declaring the AQMA
13. This Action Plan is required to manage and reduce air quality in the identified area and will require multi-disciplinary input from a range of Council departments and external stakeholders. Over the next 12 month Public Protection will lead in the development of this Action Plan before presentation to Cabinet for agreement.
14. In addition to the Action Plan, the Council must further assess the air quality in the declared AQMA. Again, this will be undertaken by Public Protection.
Resource Implications (Financial and Employment)
15. Resource will be required to co-ordinate and develop the Air Quality Management Plan. This will be achieved through existing resources within the Pollution Control Team.
16. Current and planned future monitoring will be covered by existing budgets within Public Protection, Pollution Control.
17. There will be a requirement to monitor traffic flow at strategic locations. A permanent traffic flow counter is £5,000 and will be funded from existing budgets.
Sustainability and Climate Change Implications
18. This report provides an opportunity to improve air quality and protect public health. The Action Plan will also provide opportunity to explore and generate sustainable options for transport to reduce in transport emissions.
Legal Implications (to Include Human Rights Implications)
19. Section 82 of the Environment Act 1995 places a duty on all Local Authorities to review periodically air quality in their area. This includes assessment of compliance of present and likely future air quality to comply with the objectives of the Air Quality (Wales) Regulations 2010.
20. Where air quality is unlikely to meet the statutory objectives, Section 83 of the Environment Act 1995 requires the Council by Order designate an Air Quality Management Area. This draft Order is attached at Appendix E.
21. Section 84 of the Environment Act 1995 places a duty on the Council to consult with the public and stakeholder and to develop and implement an Action Plan to address the situation
22. To decide not to declare an AQMA would require appropriate evidence to the contrary, i.e. there is no risk of exceedence of the nitrogen dioxide annual average limit.
23. Subject to Cabinet approval of the recommendations, the Air Quality Management Order will be finaised, affixed with the Council's seal and attested by the Council's signatory. A copy of the Order must then be sent to WG and publicised locally.
Crime and Disorder Implications
Equal Opportunities Implications (to include Welsh Language issues)
25. There are no negative implications concerning equal opportunities from the designation of the area. The declaration is intended to improve air quality for all residents.
26. This report is consistent with the following Corporate and Service objectives of the Council: Community Well Being - to make the Vale a safe and healthy place in which individuals, children and families can live their lives to the full.
Policy Framework and Budget
27. This report is for Executive decision
Consultation (including Ward Member Consultation)
28. A stakeholder and public consultation exercise was carried out between January and March 2013 as detailed in the report. This included consultation with local members.
Relevant Scrutiny Committee
29. Housing and Public Protection, Economy & Environment
Air Quality Management Report (C1908 refers)
Kristian James, Team Leader Pollution Control, Public Protection
Operational Manager, Legal Service
Principal Finance Officer, Rob Ingram
Rob Thomas, Director or Development Service