Agenda Item No 8

The Vale of Glamorgan Council

Cabinet Meeting: 5 November, 2018

Report for the Cabinet Member for Regulatory and Legal Services

Local Air Quality Management Annual Progress Report 2018

Purpose of the Report

  1. To seek approval of the 2018 Local Air Quality Management Annual Progress Report (APR) on air quality undertaken in 2017 to enable its submission to Welsh Government.

Recommendations

  1. That Cabinet approves the APR, attached at Appendix 1 to this report, for submission to Welsh Government.
  2. That Cabinet approves the commencement of a public consultation on the removal of the Air Quality Management Area (AQMA) covering Windsor Road, Penarth.
  3. That following the consultation, a report be submitted to Cabinet to approve a formal submission to Welsh Government requesting the revocation of the Windsor Road AQMA.

Reasons for the Recommendations

  1. The report fulfils the requirements of the statutory Local Air Quality Management (LAQM) process under Part IV of the Environment Act 1995, and the report contains results of air quality data captured in 2017.

2&3.    Where compliance within an AQMA occurs over a period of 3 years or more then the local authority should consider revoking the need for the continued presence of the AQMA. The APR details that compliance has been achieved for more than 3 years at the Windsor Road AQMA.  A report will be produced which will be issued to Welsh Government seeking approval for the AQMA to be revoked.

Background

  1. The LAQM process places a statutory duty on all local authorities to regularly review and assess air quality in their areas and to determine whether the air quality objectives to protect health are likely to be achieved

Relevant Issues and Options

  1. The APR provides details on the ratified data for the air quality undertaken in 2017. The Report confirms that air quality within the Vale of Glamorgan meets relevant air quality objectives, including the AQMA on Windsor Road, Penarth.
  2. There are no monitoring sites with nitrogen dioxide (NO2) concentrations above 60µg/m3 in 2017 anywhere in the Vale of Glamorgan. This indicates it is unlikely that the hourly NO2 objective will be exceeded at any location in the Vale of Glamorgan.
  3. The results of the monitoring indicate that the annual average particulate matter PM10 concentration at the Windsor Road monitoring station is compliant with the AQS objective of 40µg/m3. This is the only location across the Vale where PM10 is actively monitored.
  4. Although Ozone is not included in the Local Air Quality Management system, the results are included in the report for completeness. There are no exceedences of the 8-hour mean objective of 100µg/m3 on more than 10 days per year as set by the Expert Panel on Air Quality Standards (EPAQs). This is the only location across the Vale where PM10 is actively monitored.
  5. As suggested by the previous APR published in 2017; the monitoring within the Windsor Road Air Quality Management Area (AQMA) shows continued compliance of the Air Quality Standard of 40 µg/m3 for NO2. Welsh Government Policy Guidance indicates that where compliance within an AQMA occurs over a period of 3 years or more then the local authority should consider revoking the need for the continued presence of the AQMA.
  6. A detailed assessment is yet to be finalised to support this decision to revoke the Windsor Road AQMA and demonstrate compliance with the air quality objectives for future years for the defined AQMA. However this delay, has enabled Shared Regulatory Services (SRS) to capture a further year's worth of data which has further demonstrated continued compliance with the set objectives for NO2 and provides additional evidence to support the justification to revoke the AQMA. It is therefore a priority that officers will compile this report and submit to Welsh Government for approval following an appropriate review and consultation with the local communities affected.
  7. As such, the Cabinet is asked to agree that a public consultation be undertaken on the removal of the revocation of the AQMA on Windsor Road.
  8. Following an appropriate consultation period and approval from Cabinet a report will be submitted to Welsh Government formally requesting the revocation of the AQMA order for Windsor Road, Penarth.
  9. The final decision to revoke the Windsor Road, Penarth AQMA will be made by Welsh Government.

Resource Implications (Financial and Employment)

  1. SRS has an existing budget to complete a programme of air quality monitoring across the Vale.
  2. The public consultation can be met from existing budgets and resources.

Sustainability and Climate Change Implications

  1. There are no direct sustainability or climate change implications from the report itself. However the continued monitoring proposed will help the Council identify any potential areas where poor air quality is of a concern where any action is necessary to improve air quality, then the results of any actions should also have a positive outcome for climate change.

Legal Implications (to Include Human Rights Implications)

  1. 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.
  2. Where air quality is unlikely to meet the objectives Section 83 of the Environment Act 1995 requires that the Council declares an Air Quality Management Area.
  3. Section 84 of the Environment Act 1995 places a duty on the Council to develop an Action Plan to address the situation.
  4. The Authority has a statutory duty to produce and publish reports fulfilling the requirements of the Local Air Quality Management process as set out in Part IV of the Environment Act (1995), the Air Quality Strategy for England, Scotland, Wales and Northern Ireland 2007 and relevant Policy.

Crime and Disorder Implications

  1. There are no Crime and Disorder implications as a result of the report.

Equal Opportunities Implications (to include Welsh Language issues)

  1. There are no equal opportunities implications from the publication of the report. Invitations to comment will be sent to all known stakeholders and interest groups to provide an opportunity for comments.

Corporate/Service Objectives

  1. The Corporate Plan for the Vale of Glamorgan Council for 2016-2020, includes a Well Being Outcome which is - An Environmentally Responsible and Prosperous Vale. A key part of this outcome states that The Vale of Glamorgan Council will look 'to protect our environment for future generations.' This Progress Report demonstrates that currently Air Quality within the Vale meets National Air Quality Standards and this report demonstrates one aspect where The Vale of Glamorgan Council is meeting this outcome.

Policy Framework and Budget

  1. This is a matter for Executive decision by Cabinet

Consultation (including Ward Member Consultation)

  1. The 2018 Annual Progress Report does not require any external consultation and following approval from Cabinet will be submitted to Welsh Government.
  2. The report does propose that the Windsor Road AQMA be revoked in accordance with the latest Welsh Government Policy Guidance on Local Air Quality Management. SRS will draft a detailed report on this recommendation and will look to undertake a public consultation exercise on this proposal.

Relevant Scrutiny Committee

  1. Environment and Regeneration.

Background Papers

Vale of Glamorgan Annual Progress Report 2018 - Appendix 1

Contact Officer

Jason Bale - Team Manager Specialist Services (Environment)

Officers Consulted

Director of Environment and Housing Services, Vale of Glamorgan

Legal Services, Vale of Glamorgan Council

Financial Services, Vale of Glamorgan Council

Responsible Officer:

Miles Punter - Director of Environment and Housing Services

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