Statement relating to the Environmental (Statutory ... British Research Establishment Provides ......

Planning Act 2008 Infrastructure Planning The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 Regulation Number: 5(2)(f) Author: A30 Temple to Higher Carblake Improvement

Team, Cornwall Council Document Reference:

TRXCP311/PA/5.06

PI Reference TR010014 Document Date Version Note 07 August 2013 0 First Issue

Statement relating to the Environmental Protection Act 1990 (Statutory Nuisance statement)

Cornwall Council A30 Temple to Higher Carblake Improvement Transportation Services Application for Development Consent Order Document Reference: TRXCP311_PA_5.06

Statutory Nuisance Statement 2

Issue & Revision Record Revision Date Author Purpose of Issue / Nature of

Change 0 07/08/13 AH First Issue

This document has been prepared for the titled project or named part thereof and should not be relied upon or used for any other project without an independent check being carried out as to its suitability and prior written authority of Cornwall Council being obtained. Cornwall Council accepts no responsibility or liability for the consequences of this document being used for a purpose other than the purposes for which it was commissioned. Any person using or relying on the document for such other purposes agrees, and will by such use or reliance be taken to confirm his agreement to indemnify Cornwall Council for all loss or damage resulting therefrom. Cornwall Council accepts no responsibility or liability for this document to any party other than the person by whom it was commissioned.


CONTENTS Page

1 EXECUTIVE SUMMARY 7

2 INTRODUCTION 8

3 SECTION 79(1) OF THE ENVIRONMENTAL PROTECTION ACT 1990 10

4 POTENTIAL BREACHES OF SECTION 79(1) 11

5 CONCLUSIONS 18


GLOSSARY AND ABBREVIATIONS

A

APFP Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009

Sets out the detailed procedures which must be followed for submitting and publicising applications for Nationally Significant Infrastructure Projects.

B

BRE British Research Establishment Provides expert, impartial research, knowledge and advice for the built environment sector.

C

CC Cornwall Council The Applicant

CEMP Construction Environmental Management Plan

A plan prepared by a contractor before the start of construction work, detailing ‘environmental aspects’ that may be affected by the construction work and management methods to prevent any such effects. The CEMP would include methods and site management practices to be applied to prevent generation of nuisance dust, accidental pollution events and a range of other potential sources of accidental damage to the environment, and response and reporting procedures to minimise the damage in the event of a pollution incident.

CO Carbon Monoxide A pollutant emitted from vehicle exhausts.

CRTN Calculation of Road Traffic Noise A computer model used to calculate the noise levels at any given location, identifying the contribution to that noise made by traffic.

D

DCO Development Consent Order Order under which the relevant Secretary of State can grant consent for construction of a Nationally Significant Infrastructure Project, on the advice of the Planning Inspectorate, under the Planning Act 2008 as amended.

DMP Dust Management Plan A DMP will include a risk assessment, and the proposed dust control measures and a timetable of dust generating activities.

DMRB Design Manual for Roads and The ‘Design Manual for Roads and


Bridges Bridges’ was introduced in 1992 in England and Wales. It provides a comprehensive manual system, which accommodates all current standards, advice notes and other published documents relating to the design, assessment and operation of trunk roads and motorways.

E

EDG CORMAC Consultancy’s Engineering Design Group

Client representative.

EIA Environmental Impact Assessment Under Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, proposers of certain scheduled developments are required to submit a planning application with an accompanying environmental statement, evaluating the likely environmental impacts of the development, together with an assessment of how the severity of the impacts could be reduced.

EPA Environmental Protection Act An Act to make provision for the improved control of pollution arising from certain industrial and other processes.

EPO Environmental Protection Officer Local Authority Officer responsible for carrying out measures for protecting public health, including administering and enforcing legislation related to environmental health and providing support to minimise health and safety hazards

ES Environmental Statement The report on the results of an EIA.

F

G

H

HA Highways Agency An Executive Agency of the DfT responsible for operating, maintaining and improving the SRN in England.

I

J

K

L

LAQM (TG) Local Air Quality Management Technical Guidance

Designed to support local authorities in carrying out their duties under the Environment Act 1995.


LPA Local Planning Authority Council responsible for determining planning applications within their administrative area and preparing Local Plans.

M

N

NO2 Nitrogen Dioxide A chemical pollutant emitted from vehicle exhausts.

NSIP Nationally Significant Infrastructure Project

Any infrastructure project that is deemed, according to the criteria set in the Planning Act 2008 (as amended), to be nationally significant. Such project are authorised through a statutory process that requires an application for a DCO, rather than either a conventional planning application or the traditional model through the publication of statutory Orders and the holding of Public Inquiries

NSR Noise Sensitive Receptor Locations or areas where dwelling units or other fixed, developed sites of frequent human use occur.

O

P

PAHs Polyaromatic Hydrocarbons Are potent atmospheric pollutants with geological value

PB Parsons Brinckerhoff

PM10 Particulate Matter Pieces of solid or liquid matter suspended in the atmosphere.

PINS Planning Inspectorate The Planning Inspectorate includes acts on behalf of the Secretary of state in determining national infrastructure planning under the Planning Act 2008 process as amended and other functions.

Q

R

S

SoS Secretary of State Government Minister

T

U

V

W

X


Y

Z


1 EXECUTIVE SUMMARY

1.1.1 This Statement identifies whether the proposals for the A30 Temple to Higher Carblake Improvement engage any of the matters set out in Section 79(1) of the Environmental Protection Act 1990 in respect of statutory nuisance, and if so, explain how those effects will be mitigated or limited. The Statement has been prepared to accompany the application by Cornwall Council (the Applicant), developed in association with the Highways Agency (HA), for development consent for the improvement of 5.15km of road between Temple and Higher Carblake on the A30 north east of Bodmin, 4.5km of which is single carriageway and is to be upgraded to dual carriageway standard.

1.1.2 This Statement has been prepared and submitted pursuant to Regulation 5(2)(f) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure Regulations) 2009. It has been produced to take into account Article 37 of the Development Consent Order relating to the defence to proceedings in respect of statutory nuisance.

1.1.3 The Statement identifies the following matters under Section 79(1) of the Environmental Protection Act 1990, as potentially engaged:

i) dust impacts (Section 79(1)(d));

ii) noise impacts (Section 79(1)(g) and Section 79(1)(ga)); and

iii) light impacts (Section 79(1)(fb).

1.1.4 In relation to each of these matters, the Statement concludes that with the mitigation measures referred to in the Environmental Statement, the draft Construction Environmental Management Plan, the draft DCO and the Mitigation Strategy, the Scheme will not give rise to any nuisance or be prejudicial to health during construction or operation. The likelihood of decommissioning the A30 (T), which is the main arterial route into and through Cornwall, is negligible and therefore has not been assessed in the Environmental Statement (Document Reference: TRXCP_PA_6.01).


2 INTRODUCTION

2.1 Background

2.1.1 This Statement relates to an application made by Cornwall Council. The Cornwall Council (A30 Temple to Higher Carblake Improvement) Development Consent Order (DCO) would grant powers to improve a 4.5km section of the A30 to dual carriageway standard (the Scheme).

2.1.2 The proposed works are described in detail in the accompanying Planning Statement, Environmental Statement (Document Reference: TRXCP311_PA_6.01) (ES) and draft Development Consent Order (Document Reference: TRXCP311_PA_3.01) (DCO).

2.2 Purpose of the Statement

2.2.1 This report has been prepared pursuant to Section 37(3)(d) if the Planning Act 2008 (the 2008 Act) and in accordance with Regulation 5(2)(f) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (the APFP Regulations), which requires the applicant submit:

“a statement whether the proposal engages one or more of the matters set out in section 79(1) (statutory nuisances and inspections therefore) of the Environmental Protection Act 1990, and if so how the applicant proposes to mitigate or limit them.”

2.2.2 This Statement has therefore been prepared and submitted pursuant to Regulation 5(2)(f) of the APFP Regulations and in accordance with the Department for Communities and Local Government ‘Planning Act 2008: Application Form Guidance’ (June 2013), and the Planning Inspectorate’s Advice Note 6 ‘Preparation and submission of Application Documents’ (June 2012). It is required in order to identify any possible sources of statutory nuisance as defined in Section 79(1) of the Environmental Protection Act 1990, and if so, the proposals for mitigation or means of limiting such nuisance. It has also been produced to take into account Article 37 of the Development Consent Order relating to the defence to proceedings in respect of statutory nuisance.


2.2.3 Where relevant, the Statement makes reference to the ES, the DCO and relevant requirements in it, and the Mitigation Strategy.


3 SECTION 79(1) OF THE ENVIRONMENTAL PROTECTION ACT 1990

3.1.1 Section 79(1) of the EPA sets out those matters which constitute a statutory nuisance in England and Wales as follows:

‘the following matters constitute "statutory nuisances" for the purposes of this part of the 1990 Act that is to say: - (a) any premises in such a state as to be prejudicial to

health or a nuisance; (b) smoke emitted from premises so as to be prejudicial to

health or a nuisance; (c) fumes or gases emitted from premises so as to be

prejudicial to health or a nuisance; (d) any dust, steam, smell or other effluvia arising on

industrial, trade or business premises and being prejudicial to health or a nuisance;

(e) any accumulation or deposit which is prejudicial to health or a nuisance;

(f) any animal kept in such a place or manner as to be prejudicial to health or a nuisance;

(fa) any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance;

(fb) artificial light emitted from premises so as to be prejudicial to health or a nuisance;

(g) noise emitted from premises so as to be prejudicial to health or a nuisance;

(ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street or in Scotland, road;

(h) any other matter declared by enactment to be a statutory nuisance.’

3.1.2 Section 79(1) further states that:

‘and it shall be the duty of every local authority to cause its area to be inspected from time to time to detect any statutory nuisances which ought to be dealt with under Section 80 below or Sections 80 and 80A below and, where a complaint of a statutory nuisance is made to it by a person living within its area, to take such steps as are reasonably practicable to investigate the complaint.’


4 POTENTIAL BREACHES OF SECTION 79(1)

4.1 Introduction

4.1.1 This section considers the types of impacts associated with the construction and operation of the Scheme that could potentially engage matters set out in Section 79(1) of the EPA. The likelihood of decommissioning the A30 (T), which is the main arterial route into and through Cornwall, is negligible and therefore has not been assessed in the ES (Document Reference: TRXCP_PA_6.01).

4.1.2 The impacts which have been identified by the Applicant as potentially arising are:

dust arising on business premises: mainly dust generated during the construction works (Section 79(1)(d));

artificial light generated during night time construction works (Section 79(1)(fb);

noise emitted from premises (which includes ‘land’), so as to be prejudicial to health or a nuisance (Section 79(1)(g); and

noise that is prejudicial to health or a nuisance and is emitted from or caused by construction vehicles (but not traffic), machinery or equipment (Section 79(1)(ga).

4.1.3 In relation to dust impacts (Section 79(1)(d)), the Applicant has treated construction sites as industrial, trade or business premises for the period of construction.

4.2 Dust arising on business premises

4.2.1 Dust and fumes can potentially constitute a statutory nuisance under the following provisions of s.79(1) EPA:

(c) fumes or gases emitted from premises so as to be prejudicial to health or a nuisance;

(d) any dust, steam, smell or other effluvia arising on industrial, trade or business premises and being prejudicial to health or a nuisance


4.2.2 However, s.79(1)(c) only applies to premises that are private dwellings (see s.79(4)) and does not, therefore, apply in this case.

4.2.3 The Applicant considers that s.79(1)(d) applies, on the basis that a construction site and/or street fall within the definition of “industrial, trade or business premises” (premises being defined as including ‘land’ in s.79(7) EPA), and the potential for the Scheme to give rise to statutory nuisance under this section has been assessed on this basis.

4.2.4 There is potential for dust to be generated during construction from excavation works, soil and hardcore moving activities, storage of soils and hardcore and vehicle and plant movements. Section 6.6 of the ES identifies dust sensitive residential receptors (residential properties adjacent to the A30) within the study area (Table 3.1) and assesses the impact of dust nuisance from construction activities. Section 6.2 of the ES describes how the air quality study area is defined.

Table 3.1: Number of Dust Sensitive Residential Receptors in study area, and distance from the road centreline.

Distance from Road Centreline

Number of Properties

0 – 50m 7

50m – 100m 2

100m – 150m 3

150m – 200m 5

4.2.7 The ES assessed the risk of dust effects and amenity impacts (Section 6.9, Page 134) and therefore the potential to cause nuisance, as high in the absence of mitigation, though health risks are considered to be negligible, given the low background concentrations of particulate matter in the area.

4.2.8 The ES concluded that the application of mitigation measures will reduce this significance to slight adverse at worst (Section 6.9, Page 134). It should also be noted that the dust risk level


fluctuate, and will not be high at all times. Actual risks on any given day will depend on the activities being undertaken, the meteorological conditions and the proximity of receptors to activities with high dust potential.

Mitigation measures and measure to limit dust impacts

4.2.9 Prior to the start of construction, and pursuant to requirement 4 of the DCO, a Construction Environmental Management Plan (CEMP, Appendix 17.01) will be prepared which will include a Dust Management Plan (DMP). This will be agreed with the Local Planning Authority and construction activities will be conducted in accordance with the DMP. The DMP will deliver the mitigation measures set out in the ES and reflected in the requirements for the DCO. They will be implemented by the Construction Contractor to minimise/prevent a nuisance due to dust pursuant to requirement 4(b) of the DCO.

4.2.10 The DMP will be based on the application of standard dust control measures included in the British Research Establishment guidance (BRE, 2003), which are normal working practice on all well managed construction sites in the UK. It is recognised, however, that even with these standard measures, there is still a risk of infrequent dust impacts arising. The DMP will set out the actions that will be taken to mitigate impacts should they occur, as well as defining routine controls and checks that will be employed. Such actions will include:

recording dust complaints;

daily on-site and off-site visual inspections;

avoidance of works within 20m of residential properties, if possible;

covering loads entering and leaving the site with dust generating potential

wheel wash for vehicles to avoid tracking of mud and dust on to the highway;

revegetating exposed soils as soon as practicable;

minimising dust generating activities, particularly near residential receptors; and


storing sand and aggregates away from sensitive receptors.

4.2.11 The DMP can, if necessary, be modified/amended during construction to address any specific issues that may arise during the course of construction, if these are not already covered by the Plan.

4.2.12 In addition to the physical dust control measures, there will be close liaison with both local residents and occupants of commercial premises during all stages of construction. Contractor details would be displayed at various points around the site and any complaints recorded, investigated, and reported to the relevant local authority. Actions taken will be recorded. These requirements, and the procedures to be adopted for reporting and recording, will be detailed in the DMP.

4.2.13 As dust can cause both a nuisance (e.g. soiling of surfaces) and be prejudicial to health (e.g. inhalable dust particles), routine measures, which include construction planning, will be put in place to abate its occurrence and mitigate against any dispersion towards sensitive receptors.

4.2.14 In this case, and with the mitigation measures in place as set out above it is concluded that dust generated through construction activities is unlikely to be prejudicial to health or a nuisance in this case.

4.3 Artificial light emitted from premises

4.3.1 Artificial light can potentially constitute a statutory nuisance under s.79(1) EPA:

(fb) artificial light emitted from premises so as to be prejudicial to health or a nuisance;

4.3.2 No permanent lighting is required for the Scheme during

operation.

4.3.3 There is, however, potential for light pollution during construction, particularly during night-time working when site lighting would be required. The main site compound may also be lit at night, for security purposes, whether or not night-time working is being undertaken.


4.3.4 All lighting on site will be managed in accordance with the provisions of the ES and Requirement 4(2) of the DCO, and this will be reflected in the agreed CEMP. Measures to minimise the adverse effects of site lighting will include considerate selection of appropriate lighting types and locations so as to minimise light spill into neighbouring areas.

4.3.5 It is envisaged that most construction work will be undertaken between 07.00 and 19.00. However, occasional late working may need to be undertaken, requiring the use of lighting and security lighting around the site compound may also be used outside of these hours.

4.3.6 Due to the limited number of receptors and the limited duration of the night-time works (two to three days for each of the three junctions), the impact of lighting would be slight and hence it is not considered that artificial light would be prejudicial to health or a statutory nuisance in this case.

Mitigation measures and measures to limit light impacts

4.3.7 Mitigation measures will be implemented to reduce the impact of artificial lighting.

4.3.8 Zero upward lighting will be achieved by using double asymmetric full horizontal cut-off luminaires. Additional shielding, suitably painted black, will provide further mitigation as necessary.

4.3.9 On this basis, and in line with the mitigation measures as set out above, it is concluded that the lighting used during the construction of the Scheme is unlikely to be prejudicial to health or cause a nuisance under section 79(1) (fb) of the Environmental Protection Act 1990.

4.4 Noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street

4.4.1 Noise can potentially constitute a statutory nuisance under the following provisions of s79(1) EPA:

(g) noise emitted from premises so as to be prejudicial to health or a nuisance;

(ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle,


machinery or equipment in a street or in Scotland, road.

4.4.2 Pursuant to Section 79(6A), section 79(1)(ga) does not apply

to noise made by traffic (either during the construction or operation of the project). It does, however, apply to noise emitted by construction vehicles during the construction of the Scheme.

4.4.3 Chapter 12 of the ES assesses the potential for noise impacts during the construction and operation of the Scheme. There is potential for statutory nuisance to be caused during construction of the operation and/or during subsequent maintenance once the Scheme is operational. Noise impacts due to operational traffic using the new junction would not constitute a statutory nuisance under Section 79(1) of the Environmental Protection Act 1990.

4.4.4 The ES states that predicted noise levels from activities during the construction phase will be below the threshold noise level as outlined in BS5228:2009 Part 1 Annex E for Noise Sensitive Receptors (NSR) more than 75m away from the works. There are five properties located in close proximity (less than 75m) to the construction works. At these properties the noise impact threshold is likely to be exceeded when all plant is working at the closest point to the receptor. The nature of the construction phase means that the worst-case situation predicted may exist only for a matter of days, or even hours. There would be regular periods, even during the course of a single day, when the construction plant would not be in operation near a potential receptor or not in operation at all, for example during breaks or working routine.

Mitigation measures and measures to limit noise impacts

4.4.5 All works will be undertaken to the guidance detailed in BS5228:2009. Mitigation measures will include the use of best practicable means; switching off plant and equipment when not in use; minimising work outside normal working hours; using low noise plant where possible; using temporary noise screens when working close to NSRs; and regular plant maintenance.

4.4.6 Potential noise nuisance will be managed through the DCO requirements, which will be reflected in the agreed Code of


Construction Practice and CEMP, to be completed by the contractor, together with local agreements with Cornwall Council. The measures set out above are secured in Requirement 4(a) of the DCO.

4.4.7 Local residents will be kept informed and provided with a contact name and number for any queries or complaints during construction (traffic noise does not fall within the consideration of the Act). In particular, residents will be notified in advance of the night time works.

4.4.8 It should be noted that when a contractor is engaged, nuisance from construction noise will be directly managed through the Section 61 consent with Cornwall Council, in compliance with the Control of Pollution Act 1974.

4.4.9 With mitigation measures in place, construction noise is not expected to reach the levels at which the provision of noise insulation and temporary re-housing would be required (as outlined in BS5228:2009 Code of Practice for Noise and Vibration Control). For noise insulation and temporary re-housing to be considered, there needs to be a significant effect for a period of ten days or more within any fifteen consecutive days or for a total exceeding 40 days in any six-month period

4.4.10 With mitigation measures in place, no statutory nuisance or noise impacts prejudicial to health are expected as a result of the construction or maintenance works associated with the Scheme. Traffic noise is excluded from this assessment in accordance with section 79(6)(a) of the Act.


5 CONCLUSIONS

5.1.1 This Statement identifies whether matters set out in Section 79(1) (statutory nuisance and inspection therefore) of the Environmental Protection Act 1990 would be engaged by the proposed improvement to the A30 between Temple and Higher Carblake. Where there is the potential for such matters to arise as a result of the construction or operation of the Scheme, the Statement sets out how it is proposed to mitigate or limit those impacts, with reference to the ES and the requirements of the DCO which will be reflected in the agreed CEMP.

5.1.2 In addition to measures identified or referred to herein, an industry standard Code of Construction Practice will be agreed prior to commencement of construction, in accordance with Requirement 4 of the DCO, which will include requirements to manage noise levels during construction.

5.1.3 The Statement concludes that the only matters set out in Section 79(1) of the EPA which may, potentially be engaged as a consequence of the Scheme are:

i) dust;

ii) light; and

iii) noise

5.1.4 Any risks associate with dust during construction will be mitigated through a series of measures to be set out in the CEMP.

5.1.5 No permanent lighting is required during operation. However, some lighting will be required at night during construction. The lighting will be designed in order to minimise these impacts, which will be limited in duration in any event.

5.1.6 Predicted noise levels from activities during the construction phase will be below the threshold noise level for NSR more than 75m away from the works. There are five properties located less than 75m from the construction works. At these properties the noise impact threshold is likely to be exceeded when all plant is working at the closest point to the receptor.


However, mitigation measures are proposed in order to minimise this impact.

5.1.7 Therefore, in relation to each of those potential impacts, the Statement concludes that, with mitigation measures in place, neither the construction nor the operation of the Scheme will give rise to a nuisance or be prejudicial to health.

Statement relating to the Environmental (Statutory ... British Research Establishment Provides ......

Documents

Transcript of Statement relating to the Environmental (Statutory ... British Research Establishment Provides ......