Agenda item No.19

 

THE VALE OF GLAMORGAN COUNCIL

 

CABINET MEETING : 13th DECEMBER 2006

 

REPORT OF THE DIRECTOR OF LEGAL AND REGULATORY SERVICES

 

THE ENVIRONMENT ACT 1995

THE AIR QUALITY (WALES) REGULATIONS 2000, as amended

LOCAL AIR QUALITY MANAGEMENT

 

Purpose of Report

 

1.                  To seek Cabinet approval to carry out statutory consultation in respect of the Council’s latest Review and Assessment of Air Quality (Round 2 – Update and Screening 2006) prepared in accordance with statutory guidance.

 

2.                  To inform Cabinet of the outcome of recommendations as detailed in minutes of Cabinet held on 21st June 2006 (Minute C2516 refers).

           

Background

 

3.         On 21st June 2006 Cabinet resolved –

 

(1)   THAT the Review and Assessment of Air Quality (Round 2 – Detailed Assessment 2005 (Sulphur Dioxide)) be approved and circulated for consultation.

 

(2)   THAT Sulphur Dioxide Monitoring be continued in the vicinity of Aberthaw Power Station and the outcome reported to Cabinet.

 

(3)   THAT based on the evidence no AQMA be declared in the vicinity of Aberthaw Power Station

 

(4)   THAT a report be submitted to Cabinet in 6 months detailing progress on the results of the Sulphur Dioxide monitoring and that the list of consultees be reviewed and updated.

                       

4.            Resolution (1) – Statutory consultation was carried out and responses were received from the Welsh Assembly Government, Vale of Glamorgan Local Health Board and Bridgend County Borough Council.  The Welsh Assembly Government accepted the conclusions of the report and agreed with the decision of Cabinet not to declare an AQMA for sulphur dioxide (SO2) in the vicinity of Aberthaw Power Station whilst the remaining respondents offered no comments. 

 

 

 

5.            Resolution (2)  - The Council has continued to monitor sulphur dioxide levels in the vicinity of Aberthaw Power Station and to date there have been 7 exceedances of the 15 minute mean (266 ug/m3 not to be exceeded more than 35 times per year) and 1 exceedance of the I hour mean (350 ug/m3 not to be exceeded more than 24 times per year). RWE Npower also continued to monitor sulphur dioxide levels and to date there have been no exceedances of the 15 minute mean.   

 

6.                 Resolution (3) - No AQMA was declared in respect of SO2 

 

Relevant Issues and Options

 

7.         The latest Review and Assessment of Air Quality (Round 2 – Update and Screening 2006) prepared in accordance with statutory requirements is included as Appendix 1 to this report.  The findings of this report are :-  

 

·        It is unlikely that National Air Quality Objectives will be exceeded in the Vale of Glamorgan in respect of six of the seven pollutants of interest, namely, carbon monoxide, benzene, 1.3-butadiene, lead, sulphur dioxide and particulates (PM10).

 

·        The exception to the above is nitrogen dioxide in the Cogan/Merrie Harrier areas. Monitoring has demonstrated high levels of this pollutant in these areas.  This has been exacerbated by work carried out at the Barons Court to signalise the junction as part of a Section 278 Agreement with IKEA. This work is due to be completed by the end of November 2006 and further monitoring will be carried out to determine if any improvement in traffic congestion and air quality has been experienced.  

 

8.         A draft of this report has already been provided to the  Welsh Assembly Government to forestall any formal action on their part and the conclusions reached were accepted with the proviso that the Council does not wait for a further 12 months data before undertaking a detailed Air Quality Assessment in respect of nitrogen dioxide should there not be a reduction in the levels monitored in the Cogan/Merrie Harrier areas.  

 

9.         The recommendations of the report are that:-

 

·        Monitoring for sulphur dioxide is continued in the vicinity of Aberthaw Power Station to ensure air quality does not exceed the National Air Quality objective for this pollutant.  Should the National Air Quality Objective be exceeded the Council must be prepared to declare an AQMA.  Failure to do this could expose the Council to judicial review.

 

·        Monitoring is continued for particulates (PM10) and nitrogen dioxide at other locations in the Vale.

 

·        No detailed assessments are required in respect of the pollutants carbon monoxide, benzene, 1.3-butadiene, lead, sulphur dioxide and particulates since the National Air Quality Objectives are unlikely to be exceeded.

 

·        A detailed Air Quality Assessment should be carried out in respect of nitrogen dioxide in the Cogan/Merrie Harrier area if any of the following conditions exist :

 

-         there is no apparent change in congestion levels along Windsor Road

-         the nitrogen dioxide period average remains high

-         there are a large number of exceedances of the 1 hour mean (greater than 18 times per year)

-         sufficient time (3 months) has elapsed following completion of the works at Barons Court

 

 

Resource Implications (Financial and Employment)

 

10.                  Local Authority duties in respect of the Review and Assessment of Air Quality under current EU legislation will continue until 2010 and beyond.   There will be inherent running costs for equipment and staff for this financial year and each successive year thereafter to be met from existing budgets.  Approximately 0.5 full time equivalent staff are dedicated to this ongoing work. 

 

                Legal Implications (to include Human Rights and Crime and Disorder Implications)

 

11.       Local Authorities duties in respect of air quality are significant.  Various stages of review and assessment have to be completed annually in accordance with Guidance from the Welsh Assembly Government.

 

Crime and Disorder Implications

 

12.       None arising from this report.

 

Equal Opportunities  Implications (to include Welsh Language issues)

 

13.       There is a requirement for the Executive Summary or non technical part of the report to be published in English and Welsh.

 

Corporate/Service Objectives

 

14.       The Review and Assessment of Air Quality contributes to the following Corporate Objectives:-

 

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.

 

The Environment - To achieve a quality environment through the promotion and use of sustainable practices, and by making the best use of current and future resources

 

It also contributes towards the following Regulatory Services   Objective :-

 

To improve the environment through monitoring and regulating air and water quality, noise and contaminated land.  

 

Policy Framework and Budget

 

15.       This report is a matter for Executive decision by the Cabinet.

 

Consultation (Including Ward Member Consultation)

 

16.       The Review and Assessment of Air Quality (Round 2 – Update and Screening 2006) will be the subject of statutory consultation.   A full list of consultees is included as Appendix 2 to this report. 

 

Appropriate Scrutiny Committee

 

17.             Corporate Resources

 

 

RECOMMENDATIONS

 

1.         THAT Cabinet approve the Review and Assessment of Air Quality ((Round 2 – Update and Screening 2006) for consultation until 28 February 2007.

           

2.         THAT sulphur dioxide monitoring continues in the vicinity of Aberthaw Power Station and the outcome is reported to Cabinet in 6 months.

 

3.         THAT a detailed Air Quality Assessment is carried out in respect of nitrogen dioxide in the Cogan/Merrie Harrier area if any of the following conditions exist:

-         the nitrogen dioxide period average remains high

-         there are large number exceedances of the 1 hour mean (greater than 18 times per year)

-         sufficient time has elapsed following completion of the works at Barons Court

-         there is no apparent change in congestion levels along Windsor Road

 

Reasons for recommendations

 

1.                  To comply with statutory requirements.                                                                    

2&3     To ensure that National Air Quality Objectives are not exceeded and to protect public health.                        

 

 

Background Papers

 

·        The Environment Act 1995

·        The Air Quality Strategy for England, Scotland, Wales and Northern Ireland (January 2000)

·        Local Air Quality Management, Technical Guidance, LAQM.TG(03) (as amended)

·        The Air Quality (Wales) Regulations 2000

·        The Air Quality (Amendment) (Wales) Regulations 2002

·        Air Quality Review and Assessment  Round 2 – Update and Screening 2003

 

 

Contact Officer

 

Kate Thompson, Operational Manager Regulatory Services Tel. 01446 709356

 

 

All appropriate Chief Officers have been consulted on the report       

 

 

Peter H Evans

Director of Legal & Regulatory Services

 

 

 

Appendix 2

 

 

REVIEW AND ASSESSMENT OF AIR QUALITY (CONSULTEES)

 

1.         All elected members of the Council           

2.                     Mr Russel Lang, Air and Environment Quality, Environmental Protection Division, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ

3.                     Vale of Glamorgan Local Health Board, 2 Stanwell Road, Penarth, Vale of Glamorgan, CF64 2AA

4.                     The Environment Agency, Abacus House, St Mellons Business Park, St Mellons, Cardiff, CF3 OLT

5.         Chief Executive, Bridgend County Borough Council, Civic Offices, Angel Street, Bridgend, CF31 4WB

6.         Chief Executive, City and County of Cardiff/Cardiff Bay Harbour Authority, County Hall, Atlantic Wharf, Cardiff, CF10 4UW               

7.         The Chief Executive Department, Cambrian Park, Clydach Vale, Rhondda Cynon Taff, CF402XX

8.      Jonathan Mead, (Chairman of Responsible Care Environment Group), Environmental Manager, Dow Corning, Cardiff Road, Barry, CF63 2YL

9.         Station Manager, Local Liaison Committee, Aberthaw Power Station, RWEnpower, Aberthaw, Nr Barry, Vale of Glamorgan, CF62 4ZW

10.            Chairman, Vale of Glamorgan Environmental Forum,  C/O Councillor Catherine Clay, Llwynhelig, Cowbridge, CF71 7AQ.

11.                  Dr Pete Williams, Countryside Council for Wales, Unit 4, Castleton Court, Fortram Road, St Mellons, Cardiff, CF3 0LT 

 

Community Councils

 

12.      Mr D Wolfe, Clerk, Barry Town Council, Council Offices, 7 Gladstone Road, Barry, Vale of Glamorgan, CF62 8NA

13.      Mrs P Smith, Clerk, Colwinston Community Council, 51 Highfields, Brackla, Bridgend, CF31 2PD

14       Mr. P A  Davies, Town Clerk, Cowbridge with Llanbethian Town Council, The Town Hall, Cowbridge, Vale of Glamorgan, CF71 7AD

15.      Mr. Alun B Hodgson, Clerk, Dinas Powys Community Council, Council Office, Parish Hall, Britway Road, Dinas Powys, CF64 4AF  

16.      Mrs. B Davies, Clerk, Ewenny Community Council, ‘Halcynon’, St Brides Road, Ewenny, Vale of Glamorgan, CF35 5AD

17.      Mrs. J Scott-Quelch, Clerk, Llancarfan Communtiy Council, 2 Penylan House, Llancarfan, Nr Barry, Vale of Glamorgan, CF62 3AH

18.      Mr. Richard Spencer, Clerk, Llandow Community Council, 5 Redman Close, Kenfig Hill, Bridgend, CF33 6BF

19.      Mrs Jackie Griffin, Clerk, Llanfair Community Council, 41, The Verlands, Cowbridge, Vale of Glamorgan, CF71 7BY

20.      Mrs. Mari Major, Clerk,  Llangan Community Council, 49 Priory Avenue, Bridgend, CF31 3LP

21.      Mrs. J Griffin, Clerk, Llanmaes Community Council, 41, The Verlands, Cowbridge, Vale of Glamorgan, CF71 7BY

22.      Mrs. L Stokes, Town Clerk, Llanwit Major Town Council, Town Hall, Church Street, Llanwit Major, Vale of Glamorgan, CF61 1SD

23.      Mr R Skelton, Clerk, Michaelston Community Council,  4 Augusta Road, Penarth, Vale of Glamorgan, CF64 5RH

24.      Mr EJ Vick, DMA, ACIS, Penarth Town Council, West House, Stanwell Road, Penarth, Vale of Glamorgan, CF64 2YG

25.      Mrs. Judy Roberts,  Clerk, Pendoylan Community Council,  44 Heol St Cattwg, Pendoylan, Nr Cowbridge, Vale of Glamorgan, CF71 7UQ

26.      Mr H G Phillips, Clerk, Penllyn Community Council, 66 Broadway, Llanblethian, Cowbridge, CF71 7EW

27.      Mr. David G Bailey,  Clerk, Peterston-Super-Ely Community Council, 21 Le Sor Hill, Peterston-Super-Ely, Vale of Glamorgan, CF5 6LW

28.      Mr. J Haswell,  Clerk, St Athan Community Council, 8 Tathan Crescent, St Athan, Vale of Glamorgan, CF62 4PE

29.      Mrs. S Lewis, Clerk, St Brides Major Community Council, 7 West End Terrace, Llantwit Major, CF61 1SN

30.      Mr. G David Clerk, St Donats Community Council, 4 Church View, Marcross, Llantwit Major, CF61 1ZF

31.      Mrs. Monica S Clements. Clerk, St Georges & St Brides -Super- Ely Community Council, Stoneleigh, St Georges-Super Ely, Nr Cardiff, CF5 6EW

32.      Mr. D Meirion Evans,  Clerk, St Nicholas & Bonvilston Community Council, Glan-y-Nant, Peterston -Super- Ely, Nr Cardiff, Vale of Glamorgan, CF5 6LG

33       Susan Jones,  Clerk, Sully Community Council, Jubillee Hall, Smithies Avenue, Sully, Vale of Glamorgan, CF64 2SS

34.      Mr. R Hulin, Clerk, Wenvoe Community Council, 24 Vennwood Close, Wenvoe, Vale of Glamorgan, CF5 6BZ

35.       Ms Victoria Pearce,  Clerk, Welsh St Donats Community Council, Maendy House, Maendy, Cowbridge, CF71 7TG

36.            Karoline Whittington,  Clerk, Wick Community Council, Karajan Cottage, David Street, Wick, CF71 7QF

37.       Mr. PR Egan, BA, MIST, Clerk, Llandough Community Council, 63 Woodham Park, Barry, CF62 8FJ

.

Part B Processes

38.            Llandough Hospital NHS Trust, Penlan Road, Llandough, Penarth, Fao Barry English

39.            Lafarge Aggregates Limited (Minimix Ltd), The Old Rectory, Misterton, Lutterworth, Leicestershire, LE17 4JP

40.            Hanson Aggregates Regional Office, Canal Road, Cwmbach, Aberdare, CF44 0AG

Part A Processes

41.      Blue Circle Industries plc, Aberthaw Works, Aberthaw, Barry

42.      Part A Processes within the Chemical Complex, Cardiff Road, Barry, via, Jonathan Mead, (Chairman of Responsible Care Environment Group), Environmental Manager, Dow Corning, Cardiff Road, Barry, CF63 2YL