Port Talbot - Failing EU Air quality 2000, 2001, 2003, 2004, 2007
And the Governments response - Four more power stations planning applications
Madness!
Court Case Thurday 22nd May
PT-RAPS brought specific planning laws to the attention of Mr Justice Collins (regarding Air quality Management Areas and EU limits for pm10), which he did not accept. He refused to grant permission for Judical Review.
He ruled that the capping of developments, where EU air quality limits are in danger of being breached is solely a matter for the Environment Agency. We argued that this was a responsibility for the planning authority too (in this case DBERR), because that’s what the planning law says. Please read paragraph headed LAQM (PG) 03 in our press release link (below right).
We believed that this was a test case. There may be instances of this scenario happening in the future at other locations such as London where areas such as Camden ,and Marylebone Road regularly fail EU air quality objectives for ultra fine particulates (pm10) . The judge ruled that he was satisfied that the Environment Agency (Wales) would reject an application if a development increased the number of exceedences beyond the limit.
The Environment Agency's own assessment treats applications individually. So long as they pass on a set of measured criteria, they get passed.
So when do you stop?
Clearly residents believe you should stop when air quality limits are reached. Bearing in mind that in 2007 we had 45 exceedences back to back for the year and failed air quality by September, we don't believe that it should have been a debatable issue, as we were already over the limit.
Residents Case - Overview
For the past ten years Port Talbot has consistently failed to meet EC air quality limits for Particulate matter under 10 microns called Pm10. This harmful pollution contains amongst other things trace elements of Lead, Cadmium, Arsenic, Mercury and other carcinogenic products of combustion. Pm10 is fine enough to pass through the lung tissues into the body. It damages the heart, respiratory system and reduces life expectancy.
Port Talbot has a designated Air Quality Management Area (AQMA), which SHOULD restrict developments that increase further air pollution. We have had to challenge the planning decision by the Government for a 350MW biomass power station because we believe the law does not allow for increases in pollution where EC statutory limits for air quality are not being met. These statutory limits were transcribed into law by the Welsh Assembly in July 2007.
Pm10 is a scheduled Category 1 pollutant. This means that in law its harmful effects cannot be offset against so called 'benefits to the community.
| Residents Legal Case - Downloads |
| Summary Legal Grounds (pdf) |
Legal Rejoinder (pdf) |
| Post Judgement Press Release (pdf) |
| Objections made to Environment Agency |