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PART IV THE ENVIRONMENT ACT 1995 - LOCAL AIR QUALITY MANAGEMENT - DRAFT REVISED POLICY GUIDANCE
Chapter 2 Designation of Air Quality Management Areas
2.1 Local authorities have a duty under section 83(1) of the 1995 Act to designate as AQMAs those areas where the air quality objectives are unlikely to be met by the prescribed dates. These areas have to be designated by means of an order.
Setting the boundaries of AQMAs
2.2 There are no hard or fast rules in determining the boundaries of an AQMA. While the legislation requires authorities to designate as AQMAs only areas where air quality objectives are unlikely to be met, local authorities have the freedom to designate wider areas than the actual areas of exceedence. In deciding whether to designate as an AQMA just the forecast area of exceedence or a wider area, local authorities might wish to consider some of the following points:
It can often be administratively much simpler to designate a wider area, based on existing boundaries and natural features. This avoids the need to draw artificially precise lines on maps.
Wherever the boundaries of the AQMA are drawn, the action plan will probably need to cover a wider area.
Designating a whole ward or whole local authority area as an AQMA, rather than just a few houses, can help to avoid any local concerns about the possibility of blighting property values.
Designating a larger area may avoid the need for subsequent amending orders if revised modelling shows that the area of exceedence is likely to be greater than originally estimated.
Designating a number of smaller AQMAs, rather than one single large area, can allow an authority to demonstrate progress by "ticking off" individual areas as air quality improves there.
2.3 Ultimately it is for individual local authorities, either working on their own or in partnership with other authorities where a joint AQMA is proposed, to define the AQMA boundaries. They will still, however, need to explain and justify their proposed boundaries to the Scottish Executive.
2.4 Local authorities will also be aware of the National Society for Clean Air and Environmental Protection's (NSCA's) informal practical guidance,
Air Quality Management Areas: Turning Reviews into Action, which provides a toolkit for authorities to help them define and declare AQMAs.
What should an AQMA order look like?
2.5 The exact wording to be included in an order is up to the local authority. However, the NSCA guidance suggests that the order should include a map showing the area to be designated. It is also sensible to include a description of the area. For example, a larger AQMA may be described according to its boundaries near to major roads/motorways. A smaller AQMA may need a more detailed description listing individual streets or other physical features. In some cases it may be appropriate to list the individual properties affected, but there is no legal requirement to do this.
2.6 It is also recommended that the order should include the date on which it is intended that the AQMA should come into force and a list of the pollutants for which the AQMA has been designated. Local authorities should notify the Scottish Executive that an AQMA has been designated by submitting a copy of the order. A model example of an order can be found at appendix A.
AQMAs and local land searches
2.7 Information on AQMAs is not included in local land searches at present, but may be in the future. In the meantime, local authorities should ensure that the information is readily available to enquirers.
Further assessment of air quality within an AQMA
2.8 Section 84(1) of the 1995 Act requires local authorities to carry out a further assessment of existing and likely future air quality in an AQMA (referred to as a 'stage 4' assessment during the first round). Local authorities are required under section 84(2)(a) to report on the further assessment within 12 months of designating the AQMA. They must also consult on it and make it available to the public.
2.9 Once local authorities have completed their further assessment within an AQMA, they will keep the AQMA under review on a continuous basis and monitor progress following subsequent rounds of reviews and assessments.
2.10 Local authorities will only have to undertake further assessments under section 84(1) of the 1995 Act if they have to designate a new AQMA within their area - as a result of undertaking subsequent rounds of reviews and assessments, where evidence has come to light from continuous monitoring that an AQMA needs to be designated - or if they extend the boundaries of an existing AQMA.
2.11 Those authorities that have need to designate an AQMA should follow the further assessment guidance published by DEFRA and the devolved administrations. DEFRA and the devolved administrations will consider the need to update this guidance for future rounds.
Amendment/revocation of AQMAs
2.12 Local authorities are able to amend or revoke an existing AQMA order at any time as set out under section 83 (2) of the 1995 Act. There are a number of authorities that are currently undertaking their further assessments. Once these are complete, the authorities concerned should be in a position to determine whether or not their existing AQMA needs to be amended or revoked.
2.13 Where it appears to a local authority that there is a need to amend or revoke the AQMA, the Scottish Executive expects these authorities to include in the further assessment report the monitoring results/evidence justifying their decision to take action. Where it is accepted by the Scottish Executive that the revocation/amendment is justified, local authorities will be expected to take the relevant action within four months following receipt of comments from the Executive.
2.14 In future, the Scottish Executive expects local authorities to undertake any amendments/revocations of existing AQMA orders within four months following submission of either the Detailed Assessment or the further assessment (provided there is sufficient evidence to justify the proposed amendment/revocation of an AQMA).
2.15 However, where a local authority feels that it has sufficient evidence to justify the need to amend/revoke an AQMA at any time, it should submit that evidence to the Scottish Executive for appraisal. For those authorities that have continuous monitoring, the Scottish Executive would expect them to keep the AQMA under regular review, and to take action where necessary, rather than await the next round of reviews and assessments.
Notification of amendment/revocation of an AQMA order
2.16 Once an amendment/revocation has taken place, the local authority should submit the amended/revocation order to the Scottish Executive for information. Local authorities should also notify other statutory consultees and publicise the amendment/revocation widely through the local media, so the public and local businesses are fully aware of the situation.
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