INFRASTRUCTURE PLANNING THE PLANNING ACT … · construction activities that are most likely to result in fugitive dust emissions from haul routes and the construction Site boundary

Norton Bridge Area Improvements

Planning Inspectorate Reference Number: TR040004

Decem

ber 2012

INFRASTRUCTURE PLANNING

THE PLANNING ACT 2008

THE INFRASTRUCTURE PLANNING (APPLICATIONS: PRESCRIBED FORMS AND PROCEDURE)

REGULATIONS 2009

THE NETWORK RAIL (NORTON BRIDGE AREA IMPROVEMENTS) ORDER

Assessment of Statutory Nuisance

Document Reference: 4.5

APFP Regulation: 5(2)(f)

Author: Temple

Date: 13th December 2012

Revision history: A01 (4.11.12) / A02 (20.11.12) / A03 (13.12.12)

The Network Rail (Norton Bridge Area Improvements) Order Matters set out in Section 79(1)(statutory nuisances etc) of the Environmental Protection Act 1990 Status: Final

EIA Scoping Report Status: Draft v2

REPORT for

Network Rail

The Network Rail (Norton Bridge Area Improvements) Order

Matters set out in Section 79(1)(statutory nuisances etc) of the Environmental Protection Act 1990

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations2009, Regulation 5 (2) (f)

Status: Final

November 2012


The Network Rail Norton Bridge (Area Improvements) Order

Matters set out in Section 79(1)(statutory nuisances etc) of the Environmental Protection Act 1990

Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009, Regulation 5 (2) (f)

Document Version Control

Version Date Author Reviewer Approver

A01 04/11/2012 Robert Lockwood Rob Slatcher Peter George

A02 20/11/2012 Robert Lockwood Rob Slatcher Peter George

Report for: Main Contributors

Network Rail Michelle Wishart 1st Floor Mannin House Macon Way Crewe CW1 6RT

Robert Lockwood Katie Anderton

This report has been prepared by Temple Group Ltd with all reasonable care and diligence within the terms of the contract with the client. We disclaim any responsibility to the client and others in respect of any matters outside the scope of the above. We accept no responsibility to third parties to whom this report, or any part, thereof is made available. Any such party relies upon the report at their own risk.


CONTENTS

1. INTRODUCTION ............................................................................................. 7

2. SUMMARY ......................................................................................................9

3. ENVIRONMENTAL PROTECTION ACT 1990, PART III............................... 11

4. MATTERS SET OUT IN S79(1) EPA 1990 WHICH MAY BE ENGAGED BY THE SCHEME ...............................................................................................13

4.1. Introduction............................................................................................13

4.2. Dust during construction ......................................................................13

4.3. Noise during Construction and Operation ..........................................14

4.4. Artificial Light during Construction and Operation ............................ 16

5. CONCLUSION...............................................................................................19

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1. INTRODUCTION

1.1. Purpose of this Statement 1.1.1. This Statement relates to the Application by Network Rail Infrastructure Limited

(Network Rail) to the Planning Inspectorate under the Planning Act 2008 (as amended) (the Application) for the Network Rail (Norton Bridge Area Improvements) Order (the DCO) which would grant powers to construct and maintain a new railway development (the Scheme).

1.1.2. The Statement has been prepared in accordance with the requirements of regulations 5 (2)(f) of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (as amended).

1.1.3. It identifies those matters defined in Section 79 (1) (statutory nuisances etc) of the Environmental Protection Act 1990, which may be engaged by the Scheme and the proposals for mitigating or limiting any such statutory nuisance.

1.1.4. This Statement forms part of a suite of application documents and should be read alongside and is informed by those documents

1.1.5. Network Rail intends to construct the Scheme. The proposed railway layout would comprise a new twin track section taking traffic travelling between Stafford and Stone over the existing West Coast Main Line (WCML) on a flyover bridge and on to tie-in with the existing Stone Line alignment at Yarnfield Junction. A new single line would fork off over the flyover tracks and re-join the WCML further north. The Scheme would require three road diversions at Searchlight Lane, Meece Road and Stone Road, the diversion of two high pressure gas pipelines and one fuel pipeline and will include associated railway infrastructure, drainage, landscaping and habitat mitigation.

1.1.6. The works are described in full in the Environment Statement (Volume 2, Section 2.5) and also Schedule 1 to the DCO (document reference 2.1). The development described above would be subject to specific requirements as set out in Schedule 2 to the DCO.

1.1.7. Where relevant, this Statement makes reference to the Environmental Statement (ES) for the Scheme and the Construction Environmental Management Plan (ES, Volume 2, Appendix 6) (document reference 5.2).

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2. SUMMARY

2.1. This Statement identifies the matters set out in Section 79(1) of the Environmental Protect Act 1990 in respect of statutory nuisances and considers whether the Scheme would engage one or more of those matters. Where any matters may be potentially engaged the Statement set out its proposals for mitigating or limiting them.

2.2. This Statement concludes that the only matters comprised in Section 79(1) of the

1990 Act, which may, potentially, be engaged by the construction and operation of the Scheme are noise, artificial light and dust (construction only).

2.3. The report concludes that with mitigation it is unlikely that a statutory nuisance

would occur.

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3. ENVIRONMENTAL PROTECTION ACT 1990, PART III

3.1.1. Under Part III of the Environmental Protection Act 1990, a local authority has a duty to inspect its area from time to time to detect any statutory nuisances and to take such steps as are reasonably practicable to investigate any complaint of a statutory nuisance made by a person living within its area.

3.1.2. The following text is an extract from Section 79(1) of the Environmental Protection Act 1990 which sets out the matters constituting statutory nuisances in England and Wales.

“(1)……………..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 emitting 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; 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 or sections 80 and 80A below and, where a complaint of

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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”.

3.1.3. For the purposes of this section, “noise” includes vibration.

3.1.4. Where a local authority is satisfied of the existence, likely occurrence or recurrence of statutory nuisance, it must serve an abatement notice. This may be served upon the person responsible for the nuisance, the owner of the premises where the nuisance arises from any defect of a structural character, or the owner or occupier of the premises where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred.

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4. MATTERS SET OUT IN S79(1) EPA 1990 WHICH MAY BE ENGAGED BY THE SCHEME

4.1. Introduction 4.1.1. Those matters defined in Section 79 (1) (statutory nuisances etc) of the

Environmental Protection Act 1990, which may be engaged by the Scheme and the proposals for mitigating or limiting them include:

dust during construction of the Scheme;

noise during construction and operation of the scheme; and

artificial light during construction and operation of the proposed scheme.

4.2. Dust during construction 4.2.1. An assessment of the air quality effects, including dust, on the proposed

development with regards to sensitive receptors for both the construction and operational phases has been undertaken and detailed within the ES (Volume 3, Report 7)(document reference 5.3). Detailed below is a summary of the main potential sources of dust, their predicted effects and mitigation measures to minimise the likelihood of dust nuisance.

Potential Sources of Dust

4.2.2. Dust emissions during demolition and construction activities have the potential to give rise to effects on sensitive locations such as residential properties.

4.2.3. Following a review of the likely construction methodology for the Scheme, the construction activities that are most likely to result in fugitive dust emissions from haul routes and the construction Site boundary include:

spillage of materials such as surplus soil or aggregate from vehicles onto public roads;

generation of dust from vehicles travelling along unpaved roads in dry conditions;

the transport storage and use of concrete;

the demolition of existing rail track and buildings;

earthworks associated with the diversion of existing pipelines; and,

stripping of topsoil, excavation and earthworks on Site.

Construction Effects 4.2.4. Fugitive dust from construction would usually travel no more than 200m from a

construction site without any mitigation measures in place. It is possible that properties within the village of Norton Bridge and those located on the northern section of Scamnell Lane and the Scamnell Lane/ Stone Road junction could therefore be exposed to nuisance dust effects from construction. Mitigation

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measures would however be implemented to minimise the likelihood of dust nuisance.

Mitigation Measures

4.2.5. Construction works would be carried out in line with a Construction Environmental Management Plan (CEMP) (Volume 2, Appendix 6)(document reference 5.2). The CEMP will be submitted to Stafford Borough Council (SBC) for approval in advance of the start of work. This document would contain the mitigation measures described Volume 3, Report 7 of the ES as well as a management structure to ensure their implementation and on-going conformance during the construction phase.

Conclusion

4.2.6. During construction of the Scheme there is potential for nuisance dust effects from fugitive dust generation on the Site. However following the implementation of the mitigation measures through the CEMP, for the control of fugitive dust, any nuisance dust effects would be suitably minimised and it is unlikely that a statutory nuisance would occur.

4.3. Noise during Construction and Operation 4.3.1. An assessment of the noise and vibration effects on the proposed development with

regards to sensitive receptors for both the construction and operational phases has been undertaken and detailed within the ES (Volume 3, Report 6). Detailed below is a summary of the main potential sources of noise, their predicted effects and mitigation measures to minimise the likelihood of noise disturbance

Potential Sources of Construction and Operational Noise

4.3.2. Noise emissions during demolition and construction activities and operation of the new scheme have the potential to give rise to effects on sensitive locations such as residential properties.

Predicted Construction Effects

4.3.3. It has been predicted that during the daytime period (0700 to 1900 weekdays and 0700 to 1300 Saturdays) construction noise (including the large piling works) would be unlikely to exceed the significance criteria at nearby receptors as defined in BS 52281.

4.3.4. Based on the results of the prediction works it is therefore considered that through the application of mitigation outlined in the ES (Volume 3, Report 6, Section 8) which incorporates the principles of Best Practicable Means (BPM) and suitable planning and control of noise emissions from the works, significant effects as a result of construction noise are unlikely to occur during daytime working hours.

1 British Standard 5228-1:2009, Code of practice for noise and vibration control on construction and open sites.

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4.3.5. During evening periods (19:00 to 23:00) it is predicted that if noisier construction activities were to occur (such as piling) significant effects would be likely occur at Rose Tree Farm, Park Farm, Worston Hall, Waterstone Barn, Hammerhouse Farm, Scamnell House and Scamnell.

4.3.6. Night-time works (23:00 to 07:00) if required, in general have the potential to cause significant noise effects; and it is predicted that noise levels as a result of the noisier construction activities for this Scheme are expected to result in significant effects when assessed in accordance with the example methodology of BS 5228 at nearby receptors.

4.3.7. Notwithstanding the above, it may be possible to carry out less noisy construction works during the weekend, evening and night-time periods without significant effects occurring.

4.3.8. Traffic flows from the construction of the Scheme would be restricted to roads that already carry substantial traffic flows and are therefore not expected to produce significant noise increases even taking into account a worst case scenario.

Operational Noise Effects

4.3.9. The assessment has identified that 1 residential property (Park Farm) is exposed to significant increases in day and night-time railway noise levels.

4.3.10. It is unlikely that any change in noise as a result of the highway realignment would be perceptible and therefore it is not believed that the B5026 highway realignment would result in significant effects on noise sensitive receptors.

4.3.11. All vibration sensitive receptors apart from Rose Tree Farm are more than 40m away from the proposed Scheme; at these distances vibration effects are unlikely at any of these receptors.

Mitigation of Noise Effects (Construction and Operation)

4.3.12. Noise mitigation measures will be incorporated in a Construction Environmental Management Plan for the Scheme prior to the commencement of construction. This document forms the link between the EIA and construction and creates a management structure to ensure the implementation of this mitigation. The contractor would also create and agree with SBC a Nuisance Management Plan to control noise and vibration levels during construction so that sensitive noise receptors (residents, community users and susceptible commercial activities) are protected from excessive levels as far as reasonably practical. The control of noise and vibration would generally be achieved through the use of BPM. The noise and vibration assessment assumes the use of best practice with respect to management of construction activity.

4.3.13. Daytime and night-time significant operational noise effects have been predicted at one dwelling at Park Farm. Network Rail is expected to acquire the land at Park Farm and the residential dwelling would not be retained. This is not considered mitigation but as the receptor would cease to exist no mitigation would be required.

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4.3.14. The proposed landscaping scheme includes earthwork bunds that create a „false cutting around sections of track and new road that are either on embankment or level. The location of the bunds can be seen in Volume 4, Figure 19.1 to 19.5(document reference 5.4).

4.3.15. Environmental mitigation bunds would enhance the acoustic performance of earthworks by screening shallow cuttings, rail embankments and proposed highway embankments, reducing the noise levels at nearby sensitive receptors.

Conclusion

4.3.16. Construction activities related to the Scheme are not expected to result in significant noise and vibration effects during the daytime. Significant residual effects would occur as a result of night-time works. Mitigation techniques to minimise effects as far as practicable would be selected and agreed with SBC and it is unlikely that a statutory nuisance would occur.

4.3.17. The highway realignment would bring the B5026 closer to one sensitive receptor. The resulting predicted increase in traffic noise levels is less than 1 dB and no significant effects are considered likely.

4.4. Artificial Light during Construction and Operation 4.4.1. An assessment of the artificial lighting effects on the proposed development with

regards to sensitive receptors for both the construction and operational phases has been undertaken and detailed within the ES (Volume 3, Report 8). Detailed below is a summary of the main potential sources of artificial lighting, their predicted effects and mitigation measures to minimise the likelihood of light pollution.

Sources of Artificial Light

Artificial lighting emissions during demolition and construction activities on temporary construction compounds and operation of the new scheme i.e. the new alignment of the Meece Road and lighting on the roundabout and low level Light Emitting Diode (LED) lights to be installed at each of the 3 new junctions/maintenance compounds created by the scheme have the potential to give rise to effects on sensitive locations such as residential properties.

Artificial Lighting effects

4.4.2. Between the roundabout and White House Farm (on the B5026) views of the proposed Scheme would be significantly screened by the intervening hedgerow on the B5026. Lighting of the new roundabout junction would be apparent. Visual change would be negligible, during both during construction and operation, generating a negligible effect for this section of road. Construction compound lighting has the potential to give rise of nuisance effects.

Mitigation of Artificial Lighting Effects

4.4.3. The control of artificial lighting associated with construction works would be carried out in line with a CEMP in line with the Network Rail Contracts Requirement –

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Environment . This document would contain the mitigation measures described below as well as a management structure to ensure their implementation and on- going conformance during the construction phase.

lighting of the construction works and proposed development should be undertaken with due consideration for potential receptors, particularly the residential areas;

ensure lighting is of an appropriate lumens and is only switched on when necessary;

external lighting should be fitted with reflectors to minimise the amount of light being reflected upwards, thus preventing light pollution of the night sky and nuisance to sensitive receptors; and

any artificial lighting for use in the hours of darkness shall point in a downwards direction and shall be cowled to avoid sideward or upwards glare.

4.4.4. Landscape and visual mitigation measures are also described in Volume 3, Report 8 of the ES.

Conclusion

4.4.5. During construction of the Scheme there is potential for nuisance lighting effects from the Site. However following the implementation of the mitigation measures through the CEMP (ES, Volume 2, Appendix 6), for the control of artificial light, adverse effects would be minimised and it is unlikely that a statutory nuisance would occur.

4.4.6. Visual change from the lighting of the new roundabout junction on the B5026 would be negligible.

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5. CONCLUSION

5.1.1. This statement identifies those matters defined in Section 79 (1) (statutory nuisances etc) of the Environmental Protection Act 1990, which may be engaged by the Scheme and the proposals for mitigating or limiting them by reference to the Construction Environmental Management Plan and Environmental Statement.

5.1.2. During construction of the Scheme there is potential for nuisance dust effects from fugitive dust generation on the Site. However following the implementation of the mitigation measures through the CEMP (Volume 2, Appendix 6), for the control of fugitive dust, any nuisance dust effects would be minimised it is unlikely that a statutory nuisance would occur.

5.1.3. Construction activities related to the Scheme are not expected to result in significant noise and vibration effects during the daytime. Significant residual effects would occur as a result of night-time works. Mitigation techniques to minimise effects as far as practicable would be selected and agreed with SBC and it is unlikely that a statutory nuisance would occur.

5.1.4. The highway realignment would bring the B5026 closer to one sensitive receptor. The resulting predicted increase in traffic noise levels is less than 1 dB and no significant effects are considered likely.

5.1.5. During construction of the Scheme there is potential for nuisance lighting effects from the Site. However following the implementation of the mitigation measures through the CEMP (Volume 2, Appendix 6), for the control of artificial light, any nuisance effects would be minimised and it is unlikely that statutory nuisance would occur.

5.1.6. Visual change from the lighting of the new roundabout junction on the B5026 would be negligible.

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GLOSSARY

Term Meaning

Effluvia

Mitigation

Odorous gas

Measures, including any process, activity or design to avoid, reduce, remedy or compensate for adverse effects of a development project.

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E: [email protected] W: www.templegroup.co.uk

Appendix 1: List of documents referred to

DD Ref Number Document Title

2.1 Schedule 1- Description of Works

5.2 Environmental Statement - Volume 2

5.3 Environmental Statement – Volume 3

5.4 Environmental Statement – Volume 4

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Documents

INFRASTRUCTURE PLANNING THE PLANNING ACT … · construction activities that are most likely to result in fugitive dust emissions from haul routes and the construction Site boundary