Island Plan 2022-25: Approval (P.36/2021) – eighty-third amendment. Quarrying and Air Quality Amendment to Policy MW1

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P36/2021) – EIGHTY-THIRD AMENDMENT

QUARRYING AND AIR QUALITY AMENDMENT TO POLICY MW1

Lodged au Greffe on 7th February 2022 by Deputy K. F. Morel of St. Lawrence

STATES GREFFE

2021  P.36 Amd.(83)

ISLAND PLAN 2022-25: (P.36/2021) – EIGHTY-THIRD AMENDMENT ____________

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After the words "the draft Island Plan 2022-25" insert the words "except that –

1. within Policy MW1, after the final paragraph, there should be inserted the following new paragraphs–

1. Proposals for extensions to mineral extraction sites will only be supported where there is at all times during the working life of the site, a minimum distance of 250 metres between the proposed face of the extraction site and the nearest occupied buildings, whether those buildings are for residential or employment use.
2. A proposal for extensions to mineral extraction sites will only be supported where real-time air quality and dust monitoring systems are  provided  and  operated  within  the  guidelines  set  out  by  the Institute  of  Air  Quality  Management  and  the  results  of  that monitoring is published online.
3. All proposals for extensions to mineral extraction sites must be accompanied by a Dust and Particulate Matter Impact Assessment before Planning Permission may be granted.

2. the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent to the adoption of (a)."

DEPUTY K. F. MOREL OF ST. LAWRENCE

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25, except that –

1. within Policy MW1, after the final paragraph, there should be inserted the following new paragraphs–

"Proposals for extensions to mineral extraction sites will only be supported where there is at all times during the working life of the site, a minimum distance of 250 metres between the proposed face of the extraction site and

the nearest occupied buildings, whether those buildings are for residential or employment use.

A proposal for extensions to mineral extraction sites will only be supported where real-time air quality and dust monitoring systems are provided and operated  within  the  guidelines  set  out  by  the  Institute  of  Air  Quality Management and the results of that monitoring is published online.

All proposals for extensions to mineral extraction sites must be accompanied by  a  Dust  and  Particulate  Matter  Impact  Assessment  before  Planning Permission may be granted."

2. the draft Island Plan 2022-25 should be further amended in such respects as may be necessary consequent to the adoption of (a).

REPORT

The blasting and crushing of rock within quarries produces dust and particulate matter that can seriously harm health, adversely affect ecosystems and cause damage to amenities.

Currently there are no air pollution laws in Jersey nor is there air quality monitoring at quarrying sites and, despite the Institute of Air Quality Management (2016) stating that dust adversely impacts amenities up to 400m from the [dust] generating activity, there are no regulations or policies in the island governing the minimum distance between quarrying activities and residential or employment sites.

There is also no monitoring of air quality being undertaken at the quarrying sites either by the government or the operators.

In the absence of an air quality or air pollution law, this amendment seeks to provide, through policy, minimum safeguards that will protect islanders from the harmful effects of rock blasting and crushing from new extensions to existing quarrying sites.

Health Risks from Poor Air Quality

The Jersey Air Quality Strategy 2013 states that everyone in Jersey should have access to outdoor air without significant risk to their health and that there should be minimal impacts from air pollutants on the environment of Jersey'.

Despite this aim, Jersey does not measure dust pollution from its quarries. Fine dust particulate matter exposure contributes to cardiovascular and respiratory disease and lung cancer. The presence of silica and risk of silicosis is an additional concern. The World Health Organisation lists minerals extraction as a source of PM10 and PM2.5 particulate matter and states that:

"Exposure  to  particles  contributes  to  the  risk  of  developing  cardiovascular  and respiratory diseases, as well as of lung cancer" and "indeed no threshold has been identified below which no damage to health is observed".

The Channel Island Cancer Report shows that the incidence of death from lung cancer is 20% higher than the West of England and 2 % higher than England (including cities).  The Institute of Air Quality Management (2016) states that dust adversely impacts amenities up to 400m from the generating activity and in line with this, countries around the world are now imposing buffer zones for quarries that crush and blast rock to limit the distance between a quarry perimeter and habitable dwellings and public amenities:  

Nova Scotia 800m

Quebec 600m

Victoria (Australia) 500m (with blasting), 250m (without blasting) India 500m

Malaysia 500m.

To ensure the minimum standard of environmental public health and to protect islanders in the absence of an air pollution law this amendment to the Bridging Island Plan seeks to include a 250+ m buffer zone for new extensions to quarries that blast and crush rock.

Financial and manpower implications

There are no financial and manpower implications to government as a result of this amendment.

Child Rights Impact Assessment review

This amendment has been assessed in relation to the Bridging Island Plan CRIA. There are no negative impacts identified for children and many positive, reinforcing their rights to good health.