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

• f 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

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

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

Main statutory requirements:

• Integrate SEA into Plan-making
• Carry out a Scoping Study
• Produce an Environmental Report
• Undertake Consultation on the Scoping

Study and the Environmental Report

Scoping Statutory Consultation Environmental Report Statutory Consultation

Delivery Programme - Scoping

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

Environmental Report

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

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

• n 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
• ther 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 Declare AQMAs Develop AQ Action Plans

alongside P L A N N I N G

“Air Quality will be matters for consideration in the preparation

• f Local Development Documents”

Planning & Com pulsory Purchase Act 2 0 0 4

LAs should integrate fully AQ considerations into local planning processes LAs should develop local protocols & Supplem entary Planning Docum ents

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

Some of this information might be available from LA’s R&A. 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

Significance of air quality impact

Assemble the air quality impacts (from Air Quality Assessment) lead to a breach or significant(1) worsening of a breach of an EU Limit Value? lead to a significant increase in emissions degradation in air interfere with or prevent the implementation of actions within an AQ action plan? interfere with the implementation

• f a local AQ Strategy?

lead to a breach or significant(1) worsening of a breach of an AQ Objective, or cause a new AQMA to be declared(2)?

EFFECT OF DEVELOPMENT: OUTCOME:

AQ an

• verriding

consideration AQ a medium priority consideration

NO YES NO NO NO DO THEY:

NOTES:

(1) Where the term

significant is used, it will be based on the professional judgement of the Local Authority

• fficer.

(2) This could also include

the expansion of an existing AQMA

YES YES YES

AQ a high priority consideration AQ a high priority consideration AQ a medium

lead to a significant increase in emissions, degradation in air quality or increase in exposure, below the level of a breach of an AQ Objective? interfere with or prevent the implementation of actions within an AQ action plan? interfere with the implementation

• f a local AQ Strategy?

lead to a breach or significant(1) worsening of a breach of an AQ Objective, or cause a new AQMA to be declared(2)? AQ a medium priority consideration AQ a low priority consideration

NO NO NO NO

NOTES:

(1) Where the term

significant is used, it will be based on the professional judgement of the Local Authority

• fficer.

(2) This could also include

the expansion of an existing AQMA

YES YES YES YES

AQ a high priority consideration AQ a high priority consideration AQ a medium priority consideration

NO

are mitigation measures adequate? reach decision

NO YES

Recommendations following assessment of significance

Impact significance from flow chart Recommendation Overriding consideration Require mitigation measures to remove “overriding” impacts. If the impact is still “overriding”, there should be a strong presumption for a recommendation for refusal on air quality grounds.[1] High priority consideration Ensure that measures to minimise “high priority” impacts are incorporated in the proposal. Recommend strengthening the measures if

• appropriate. Consideration may also be given to

compensation/offsetting. Depending on the scale of the impacts, taking into account the number of people affected, the absolute levels and the magnitude of the changes, and the suitability of the measures to minimise impacts, it may in some circumstances be appropriate to recommend refusal. Medium priority consideration Seek mitigation measures to reduce “medium priority” impacts. Offsetting and compensation measures may also be considered. Low priority consideration Encourage the use of available measures to mitigate, offset or compensate for impacts, where appropriate.

Mitigation Measures

Construction phase

– control of dust – monitoring strategies – construction plant emissions

Post Development

– transport related measures

• travel plans, parking standards, service vehicle fuel use

– Non transport related

• monitoring programme, ventilation, contribution to action plan,

buffer zone

– Building design

• balconies, habitable rooms, avoid canyon streets or creating

canyons, non-opening front windows

Descriptors for changes in NO2 and PM10

Magnitude of Change Annual Mean NO2 / PM10 Days PM10 >50 µ µ µ µg/m3 Very large Increase/decrease > 25% Increase/decrease > 25 days Large Increase/decrease 15-25% Increase/decrease 15-25 days Medium Increase/decrease 10-15% Increase/decrease 10-15 days Small Increase/decrease 5-10% Increase/decrease 5-10 days Very Small Increase/decrease 1-5% Increase/decrease 1-5 days Extremely Small Increase/decrease <1% Increase/decrease <1 days

Descriptors for impact assessment significance

Absolute Concentration in Relation to Standard Change in Concentration Extremely Small Very Small Small Medium Large Very Large Decrease with Scheme Above Standard with Scheme slight beneficial slight beneficial substantial beneficial substantial beneficial very substantial beneficial very substantial beneficial Above Standard without scheme, Below with Scheme slight beneficial moderate beneficial substantial beneficial substantial beneficial very substantial beneficial very substantial beneficial Below Standard without scheme, but not Well Below negligible slight beneficial slight beneficial moderate beneficial moderate beneficial substantial beneficial Well Below St d d negligible negligible slight b fi i l slight b fi i l slight b fi i l moderate b fi i l

Well Below Standard without scheme negligible negligible slight beneficial slight beneficial slight beneficial moderate beneficial Increase with Scheme Above Standard without scheme slight adverse slight adverse substantial adverse substantial adverse very substantial adverse very substantial adverse Below Standard without scheme, Above with Scheme slight adverse moderate adverse substantial adverse substantial adverse very substantial adverse very substantial adverse Below Standard with Scheme, but not Well Below negligible slight adverse slight adverse moderate adverse moderate adverse substantial adverse Well Below Standard with Scheme negligible negligible slight adverse slight adverse slight adverse moderate adverse

Air quality impact significance criteria – new exposure

Number of new properties exposed to concentration Absolute concentration at new properties in relation to standard 0-20 20-100 100-500 >500 Above standard Slight adverse Moderate adverse Substantial adverse Very substantial adverse Below standard but not well below negligible negligible Slight adverse Slight adverse Well below the standard =< 75% of standard level negligible negligible negligible negligible

Control of dust and emissions from construction

http://www.londoncouncils.gov.uk/doc.asp?doc=18503&cat=2412

Site Evaluation Guidelines

Medium risk sites Development of between 1,000 and 15,000 square metres of land and; Development of ten to 150 properties and; Potential for emissions and dust to have medium impact on sensitive receptors High risk sites Development of over 15,000 square metres of land Development of over 150 properties or; Major Development referred to the Mayor and or the London Development Agency; Major development defined by a London borough or; Potential for emissions and dust to have significant impact on sensitive receptors Low risk sites Development of up to 1,000 square metres of land and; Development of one property and up to a maximum of ten and; Potential for emissions and dust to have small impact on sensitive receptors

London Councils Air quality and Planning

• http://www.londoncouncils.go

v.uk/doc.asp?docId=19119

• updates the 2006 version
• when to require and AQ

impact assessment

• principles of the assessment
• mitigation – refer to Mayor of

London Sustainable Design and Construction Supplementary Planning Guidance re e.g.energy efficiency

• how to judge significance

Air Quality and Planning Guidance

Revised version- January 2007

Written by: The London Air Pollution Planning and the Local Environment (APPLE) working group

London Council Guidance

Would the development contribute to air quality exceedances or lead to the designation of a new AQMA? Will it interfere with or prevent implementation of measures in the Air Quality Action Plan? Is it likely to increase emissions of or increase/ introduce new exposure to PM10? Is it likely to cause a worsening of air quality

• r introduce new exposure

into the AQMA? AQ is not a significant consideration AQ is not a significant consideration Mitigation measures may still be considered Is the development located in an AQMA?

AQ has a highly significant consideration AQ is an

• verriding

consideration AQ is a significant consideration AQ is a highly significant consideration No Yes No No Yes Yes Yes Yes No No

London Council Guidance

Reporting the Assessment In summary, the following information should be provided as a minimum when reporting an an air quality assessment:

• A description of the methodology used
• Evidence of model performance or validation results
• Details of any extra emissions calculations
• Input data- sources included, input parameters specific to the model and site, met. etc
• Years modelled
• Assessment against relevant air quality objectives
• Model output data, on maps where appropriate
• Discussion of results
• Determination of significance
• Conclusions

Air Quality Supplementary Planning Documents

LDF includes

• local development plan documents
• supplementary planning documents
• Statement of community involvement
• Local development scheme
• Annual monitoring report

LDF with Regional Spatial Strategy (RSS) primary planning documents SPD = just provides more detail on a particular aspect

• f policy

PPS12 - local development frameworks

Says that SPD should:

• Be consistent with national and regional policy
• Clearly cross referenced to the relevant development

plan document policy

• Reviewed on a regular basis – alongside the review
• f the development plan which it supplements
• Preparation process must be clear and must include

a statement of conformity with the statement of community involvement

• Should not contain policies which are rightly placed in

the development plan

To help developers, yourselves and air quality

• Inform developers when an air quality

assessment is needed

• Provide technical guidance on the content
• f the AQ assessment
• Provide guidance on circumstances when

S106 planning obligations will be sought re AQ

The benefits

• Consistent approach
• Saves time and effort in communications
• Sends message to developers that air quality

is important to consider – and in the early stages

• The LA should get the information needed to

appraise the assessment

• Mitigation measures are considered at the
• utset

http://www.uwe.ac.uk/aqm/review/index.html

Hillingdon SPG

Air quality impact assessment required with an ES under Town and Country Planning (EIA) Regs 1999 but in addition for the following:

• Increase in vehicle trip generation in local area,

result in > 5% increase in AADT on links with > 10,000 vpd

• Industrial/commercial with floor space > 2500 m2
• Increase in congestion and lower vehicle speeds
• Significantly alter the traffic composition
• If > 300 parking spaces included
• Coach & lorry parks and distribution warehouses
• Major employment generator esp in AQMA.

Cumulative impacts

• in PPS23
• But Hillingdon states that other developments

need to be considered

• Usually included in the Transport impact

assessment but LA should be clear which

• nes to consider for air quality

Significant in Hillingdon

Means

• Where exceedence occurs and in such cases

depends on

• 1. The scale of the emissions
• 2. Whether development would impede the air quality

action plan

• 3. Is there significant public exposure
• 4. “significance - Each case will be assessed on its

merits”

Mitigation measures (1)

• Looking for mitigation outside of the AQMAs as well

as inside

• Developers will be asked for costs of mitigation

measures

• Includes:
• Zoning for road traffic e.g. home zones, car free

developments

• Public transport – accessibility
• Car park restrictions by reduce spaces, increase

charges, or limiting max stay

• Infrastructure – improve pedestrianisation &

cycling

Mitigation Measures (2)

• use of BAT for industrial emissions
• specific vehicle control e.g. introduce

vehicle maintenance programme

• Green Travel Plans
• How do you enforce these??

S106 Agreements

In Hillingdon could include:

• Design measures to reduce emissions
• Full emissions inventory
• Monitoring
• Access restricted to low emission vehicles
• Vehicle emission testing
• Car park restrictions
• Green travel plans
• Use of low emission fuels

Sheffield Guidance note - Material consideration – Trigger criteria

Development Site Area Gross Floor Area/ units Food - Retail 0.2 ha 1,000 m 2 Non-food retail 0.8 ha 1,000 m 2 Office 0.8 ha 2,500 m 2 Industry 2.0 ha 6,000 m 2 Residential 1.0 ha 80 units Other 60+ vehicles movements in any hour Any industrial activity under PPC

Others

• Emissions arising causing or extending an

AQMA

• Confliction with the AQ Action Plan
• similar mitigation to Hillingdon

Air quality supplementary planning document (SPD)

• Portsmouth

Supplementary Planning document

• March 2006
• http://www.portsmouth.g
• v.uk/media/Air_Quality_

SPD.pdf

Portsmouth SPD Considers

• air quality – in relation to ambient air
• prescribed processes – PPC
• other air pollution issues – odour and

nuisance dust and fume emission 2 types of development

• polluting development
• sensitive development

Portsmouth SPD

• type of impact assessment proportionate to

the impact

• gives details of what expected in an impact

assessment

• follows NSCA re significance

Portsmouth SPD

Summary

• Lots of information and examples
• Advancement on the help to judge

significance and appraise the impact assessment