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PART IV THE ENVIRONMENT ACT 1995 - LOCAL AIR QUALITY MANAGEMENT - DRAFT REVISED POLICY GUIDANCE
Chapter 4 Consultation and Liaison
Background and statutory requirements
4.1 The 1995 Act provides the statutory basis for consultation and liaison. The Scottish Executive expects local authorities to continue to work closely and exchange data with other authorities, agencies, businesses and the local community to improve air quality.
4.2 Schedule 11 of the 1995 Act requires local authorities to consult:
Scottish Ministers;
SEPA;
all neighbouring local authorities;
any National Park authority within or adjacent to the local authority area;
other public authorities as appropriate; and
bodies representing local business interests and other organisations as appropriate.
4.3 For the purposes of the 1995 Act, authorities should consult on their:
air quality review and assessment;
further air quality assessment in an AQMA; and
preparation or revision of an action plan.
Consultation on reviews and assessments
4.4 For the Updating and Screening Assessments, local authorities will need to consult Scottish Ministers and other statutory consultees as listed above. They will not need to consult more widely, i.e. there is no need for a full public consultation at this stage, but they will wish to make these assessments available to the public.
4.5 For the Detailed Assessments, local authorities will need to consult Scottish Ministers and the other statutory consultees. They should also consult the public/local businesses more fully at this stage.
Consultation on further assessments of air quality inside AQMAs
4.6 If an AQMA is needed, or an existing AQMA is to be extended, local authorities must assess air quality within the proposed area once again. At this stage, consultation is likely to be most meaningful if it is carried out when the authority has completed its further assessment, as this information will drive the action plan. Following consultation, the authority should produce a final report taking account of consultees' comments.
Consultation on action plans
4.7 Local authorities must consult on their preparation of an action plan. Consultees should be able to make known their preliminary views about what the plan should include. This opportunity should come when the local authority consults on completion of the further assessment of air quality in the AQMA. It would be sensible for local authorities to consult at the same time on a draft action plan. This would allow them to finalise the plan in the light of consultees' comments. Action plans may operate over long timescales and authorities may only be able to specify broad proposals in the first draft. It is therefore an important principle that they carry out a further consultation if the initial proposals are revised while implementing the plan.
4.8 Consultation on a draft action plan should include:
details of which pollutants the authority will look at and an indication of where they come from;
the timescales for implementing each proposed measure; and
details of other organisations or agencies whose involvement is needed to meet the plan's objectives and what the authority is doing to get their co-operation.
4.9 Local authorities should decide the timescale for consultation. The Scottish Executive recommends, however, that no consultation exercise should last for fewer than six weeks.
4.10 Exchanging information is important throughout the LAQM process. Some local authorities have successfully established steering groups to oversee the process. Some areas have built on existing inter-authority pollution groupings. These steering groups should ideally include:
- 4.11 An informal guidance note prepared by the NSCA,
Consultation: the 'how to' guide, contains some practical suggestions for successful consultation during the LAQM process.
- Consultation/liaison across local authority departments
4.12 It is important that there is effective consultation/liaison across local authority departments. Steering groups and committee meetings should have the support of the Chief Executive. This should help to ensure that air quality is dealt with consistently across the authority.
Co-operation between authorities
4.13 Co-operation between authorities has been greatly helped by the local pollution liaison groups. These groupings can assist with the spread of best practice in carrying out the LAQM duties.
Consultation with the public/local business
4.14 Local authorities need to look for innovative ways of engaging local stakeholders: i.e. local resident/community groups and local business, because if people feel personally involved in air quality issues, they are more likely to be receptive to any proposed actions to improve air quality.
4.15 It is important that local authorities provide information on local air quality in a clear and accessible way. Local authorities are ideally placed to tell people about the causes and effects of air pollution. Many local authorities have experience of health education and they should consider exploring links with health boards and NHS trusts. They should use their local contacts, e.g. local newspapers, radio, libraries, etc., to reach as wide an audience as possible. Some local authorities have already developed local air quality information strategies and provide regular information. They publish and make monitoring reports available to the public or publish data in local newspapers.
4.16 Day to day information on local air pollution levels and advice to the public when pollution is high can be important catalysts for changes in behaviour. The terminology used to describe levels of air pollution should be consistent nationally to avoid confusion. The Scottish Executive advises local authorities to adopt the banding system it uses, i.e. the pollution bands are described against a numerical index as follows: 1-3 (low), 4-6 (moderate), 7-9 (high) and 10 (very high). DEFRA and the devolved administrations published an updated leaflet explaining the system and how it affects health in May 2002. Copies are available from the Scottish Executive (0131 244 7621).
4.17 Local authorities could consider providing these leaflets and their own leaflets on air quality in public places, such as local supermarkets, doctors' surgeries, libraries, etc. They should also consider setting up local residents meetings through their Local Agenda 21 or community plan contacts. In addition authorities could involve schools and even further education institutes through local campaigns, for example by promoting more sustainable transport behaviour.
4.18 Involving schools in local campaigns can be an effective way of highlighting the issue among parents and children. Pupils, parents and staff can work together to develop school transport plans. The NSCA produced a school information pack on air quality issues and local authorities could encourage schools to obtain copies. Contact the NSCA for further details on 01273 878770.
Public access to information.
4.19 The 1995 Act also provides for public access to information. As well as the reports on which they are required to consult, local authorities should make available copies of:
4.20 Nothing in the 1995 Act requires a local authority to make available all the material it collected for its review and assessment of air quality. Local authorities only have to make available a summary report. It is for individual authorities to decide on the scope of these reports and how widely to distribute them. They should consider the most appropriate targeting of information and how best to make it easily accessible and widely available. In any event, information which the local authority holds on air quality is subject to the Environmental Information Regulations 1992 (SI 3240). These Regulations oblige local authorities to deal with requests for environmental information.
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