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Decision details

ASCPHPP-01-21: Amended Air Quality Management Order

Decision Maker: Cabinet Member for Adult Social Care, Public Health and Public Protection

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

An Air Quality Management Area (AQMA) was declared by Order in respect of levels of fine particulates (PM10) and nitrogen dioxide in Masons Lane Bradford on Avon in November 2001. Levels of fine particulates have fallen and are now compliant with UK air quality regulations. As a result, the order establishing the AQMA can be modified to remove fine particulates. The order will remain in place with respect to the annual mean objective for nitrogen dioxide.

Decision:

I approve the decision set out in the attached report.

 

This decision was published on 28 April 2021 and will come into force on 7 May 2021.

 

Reasons for the decision:

Achievement of the UK air annual mean air quality objective for fine particulates (PM10) at Masons Lane Bradford on Avon.

Alternative options considered:

The framework that sets out duties for local authorities in respect of monitoring air quality is contained in the Environment Act 1995. This details when a local authority shall declare an AQMA, the actions it will take and revocation of AQMAs when compliance with Air Quality objectives is achieved.

 

We are required to submit air quality data to DEFRA annually. They have advised the council to revoke this part of the order in their response to our annual submission and this is how we should now proceed, to accord with the legal requirements of the Environment Act 1995.

 

Other reasons / organisations consulted

The attached report with amended order was presented to Bradford on Avon Area Board on the 3March 2021 by Councillor Ben Anderson, Portfolio Holder for Public Health and Public Protection

 

Legal Services advice has been sought as to the correct mechanism for amending the order and they have confirmed that this can be done via the relevant cabinet members decision. Legal Services have also drafted the amended order.

 

Contact: Gary Tomsett, 01722 434340, Email: gary.tomsett@wiltshire.gov.uk.

Publication date: 20/04/2021

Date of decision: 28/04/2021

Effective from: 07/05/2021

Accompanying Documents:

 

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