A38 Junctions; Markeaton Park trees, public open space, nature, environment, climate, air quality wrecking destruction + 15000 extra vehicles daily

6/5/20 The inquiry continues on till September 2020. We have handed in our final summary, see below, and previous. Thanks to Friends of the Earth national for assistance.

Timetable here https://infrastructure.planninginspectorate.gov.uk/projects/east-midlands/a38-derby-junctions/?ipcsection=exam

Comments to a38derbyjunctions@planninginspectorate.gov.uk

PLEASE SIGN A38 PETITION AND SHARE https://you.38degrees.org.uk/petitions/object-to-the-a38-road-development-around-derby-1

'Normal' height of River Derwent (contrast with above Nov 11 2019 photo)
‘Normal’ River Derwent height, contrast with above 8 Nov 2019 photo

DERBY FRIENDS OF THE EARTH OBJECTIONS, 7 Final summary

7 A38 Junctions Summary, Deadline 11 Derby & S Derbys Friends of the Earth

This is the final summation from Derby and Derbyshire Friends of the Earth, we thank the Secretary of State and the Examining Authority, for the opportunity to present evidence and our corrected 6A documentation, we also thank Case Officers for their patience. There will be no further participation from us, as we now believe there is enough evidence to show that HE is a climate emergency denier and is not taking the climate emergency, air pollution issues, environmental and cumulative scheme effects – especially on the poorer, disabled, women, and non-car driving sectors of society – seriously. The current coronavirus emergency is also a massive factor in these schemes. 49% of the current UK workforce is working from home, showing that this could be a workable solution towards the climate emergency, yet HE appears unable to grasp this. HE cannot act in isolation now. As stated in FOE 6A, home working is a success, companies will see this and realise that it pays them to maintain the work-from-home schemes, which will also lead them to save energy, as people working from home utilise their own premises, with related energy, food, lighting cost savings. This is having a massive impact on traffic and air pollution reduction.

The Paris Agreement is clear on human rights issues and this is National Policy. The A38 Junction schemes are a massive imbalance, in that public land is effectively being taken from the poorest sectors, namely the sick, disabled, women and those without access to cars, and given to those more affluent sectors, who can afford car travel. The new park entrance layout, on Ashbourne Rd, shows that car travel to the park is to be actively encouraged. The Secretary of State has an opportunity to correct that imbalance.

Extract from Paris Agreement

‘Climate change is a common concern of humankind, parties should consider respective obligations on human rights, the right to health,...of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations and the right to development, as well as gender equality, empowerment of women and intergenerational equity

HE does not appear to agree that the poorest and most deprived sectors of non-car driving society – mainly the above – require assistance, especially as the coronavirus crisis continues apace with the climate emergency. Regarding inequality effects, the UK Government states the following in the March 2020 ‘Decarbonising Transport:Setting the Challenge‘ consultation https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876251/decarbonising-transport-setting-the-challenge.pdf

“The Fifth Assessment Report of the Intergovernmental Panel on Climate Change defines co-benefits as being “the positive effects that a policy or measure aimed at one objective might have on other objectives”. Co-benefits of positive action on reducing transport emissions include: • Public health benefits through increased active travel and improved air quality; • Improvements to the economy and employment rates through industry and innovation;

Reduction in inequality where those who generate less noise and air pollution are disproportionally impacted by pollution”

We ask the Secretary of State to take up the challenge, on behalf of communities who are least able.

Regarding the compulsory purchase of the land, the community, especially the above sectors, lose out on public open space, especially those people coming to the park from the Derby wards lacking in public open space, for this park is their ‘countryside’ as they cannot escape out of the city, to feel the benefits of cleaner air quality. They would not go to Mackworth Park or the other areas claimed, by HE, to make up for the loss of open space, as Markeaton Park is THEIR city park and the largest city park.

NSPNN People and Communities Para 5.174 ‘The Secretary of State should not grant consent for development on existing open space, sports and recreational buildings unless there is surplus or excess land or the benefits of the project outweigh the loss of those facilities.’

We have outlined effects on the most deprived sections of society, in the poorest and most polluted wards, with diminished public open space standards. There is no benefit in further destruction of public open space.

AIR POLLUTION/PEDESTRIANS/COVID19

Air pollution will be worsened by the schemes, and HE acknowledges this.(REP 6-035 Vol 8.84) that “Emissions overall would increase…” , “increased emissions from increased traffic on the A38…”

It is not clear if the study area has captured all possible issues on air quality – traffic displaced from one area can go on to add worsen air pollution at places some distance from the scheme itself

Derby is a UK Government designated ‘Clean Air Zone’. Many people trying to escape from the polluted, deprived wards of Derby, – wards omitted from this inquiry and not even acknowledged by HE as affected – do not have cars and often walk from the city. Their walking journey will be made longer and more polluted as they will be forced to cross polluted Kingsway, to the polluted MacDonalds/petrol station site, then across polluted Ashbourne Rd, placing themselves in a heavily polluted area, for longer than the current walking journey/crossings. DMRB LA105 is supposed to take them into account. We do not know how many people will be affected, as there have been no pedestrian counts (Eurogarages evidence). We were unable to carry out a count at Easter, due to the coronavirus emergency. There is also the matter of the thousands of daily pedestrian journeys made to and from the Royal Hospital, across the polluted Kingsway island pedestrian crossings, (FOE ENC 1) to and from Aldi supermarket, restaurant/housing. A pedestrian count on 9/3/20 at the crossings on Kingsway Island, at 4pm; over 250 movements were counted for an hour, the lunchtime figure would have been higher. NB patients, visitors, workers use the footpaths to get to the crossing, to access the supermarket/restaurant/housing. Over an 8 hour period that equates to 2080 people using the footpaths, to get to the crossings, though some of these are both-way movements. HE cannot claim that there are no impacts on pedestrians. HE has acknowledged 13000 vehicular movements on the A38 (Oral hearings 18 Feb 2020)

At time of writing there are estimated to be 1000 Covid19 patients at the Royal Hospital, the most polluted site in the East Midlands (FOE ENC 1) It is well documented that air pollution worsens coronavirus symptoms and makes it harder to recover. Regarding trees, HE states that pollution removal by local trees ‘is small’ . (8.91) Yet the UK Government acknowledges the massive beneficial effects of air pollution removal by trees, see https://www.ons.gov.uk/economy/environmentalaccounts/articles/ukairpollutionremovalhowmuchpollutiondoesvegetationremoveinyourarea/2018-07-30

The calculated approximate beneficial cost to the NHS, of health savings, in the East Midlands, is a saving of £20 per person. Across the East Midlands; including the main conurbations of Derby, Leicester, Nottingham, Northampton, Chesterfield, Lincoln, Mansfield, Loughborough and Kettering, this amounts to over £500 million and outweighs the £270 million cost of the schemes. In any case, the daily 15000 vehicles on the A38 and of course the Kingsway Royal Hospital site, the most polluted site in the East Midlands (FOE ENC 1) acknowledged by HE, would worsen health effects.

The effects on construction workers from air/landfill pollution, is not recognised. In fact HE scoped out effects on workers, which we consider to be unacceptable, especially as trial pits were halted at the Kingsway site, and HE admits that more investigations are needed. HE continually states, throughout their evidence, that many issues would be dealt with at the detailed planning stages. This is unacceptable. HE also dismisses air pollution effects on construction workers, during the works, despite stating that air pollution will be worsened at construction sites. (See 3 Derby FOE re heavy metals/landfill pollutants and bullet point 2 above)

CLIMATE CHANGE/FLOOD RISK/ENVIRONMENT

Despite asking for the information several times HE refuses to give the total carbon dioxide emissions for over 100 road-widening/building schemes proposed for England, a developed country. This in the year that COP26 was to be held in the United Kingdom. The UK Government has pledged to increase tree cover in the UK and signed the Global Biodiversity Directive. State of Nature 2016 shows that the UK is one of the most nature-depleted countries in the world. https://www.rspb.org.uk/globalassets/downloads/documents/conservation-projects/state-of-nature/state-of-nature-uk-report-2016.pdf

HE has used outdated flood risk assessments (SFRA1_Plan_435329 Alvaston and SFRA1_Plan_429337 Allestree) and refuses to acknowledge the current climate emergency. At time of writing 20/4/20 – 27/4/20 severe storms have killed 7 people in the southern United States,(US), heatwaves in southern California, wildfires in Siberia, heatwaves in southwest US, strong winds and dust storms in Arabian peninsula, thunderstorms in Eastern India and Bangladesh, heavy rains and flooding in Kenya, Congo, killing over 30 people, floods in Yemen and Burundi, pre-monsoon torrential downpours in Odisha state, India. Greenland ice-sheet melt has added 1mm a month to rising sea levels, just in the last 2 months. This will rise to almost 1cm by September and the end of the A38 Junctions inquiry. Accelerating ice loss in Greenland will lead to a sea level rise of seven metres, affecting 400 million people.

Over 130 million people are currently at risk of famine across the world, due to combined coronavirus and climate emergency effects.

  1. pg27 Vol 6 Chapter 14 Climate, states” The ICCI assessment has not identified the potential for significant combined impacts of future climate change and the Scheme on identified receptors in the surrounding environment.” Yet HE response to our Q37, was that ‘most climate change has been taken into account’

REP4;10 pg 4 2.4.3 Both Markeaton Brook and Mackworth Brook (see SFRA Allestree flood risk map) 2.5.4 ‘forming an important source of base flow to rivers” 3.1.2 pg6 “that the Secretary of State be satisfied that flood risk will not be increased elsewhere…” 3.1.3 “Consider risk of all forms of flooding”...“Take impacts of climate change into account…”

Pg 9 3.8.4 Environment Agency (EA) emphasised that “surface water run-off should be controlled to existing rates or less” The ‘existing rate’ has gone up considerably since November 2019. February rainfall levels were 141% of the average rainfall for February.

4.3.3 The email sent to EA, from HE, was on 8/11/19 – the day that the River Derwent flooded the city centre and Rolls-Royce workers were evacuated from the nuclear site next to the River Derwent in Alvaston, Derby (see Alvaston flood map) Photos of Derby city centre flooding, are at https://derbyfoe.com/2019/11/08/derby-floods-8-11-2019/

4.5.1 Groundwater is known to flood in areas underlain by major aquifers and 4.5.2, 4.5.3 the ‘underlying geology is permeable’ Markeaton Park groundwater flooding occurred 20/2/20 -(Derby Evening Telegraph link above)

4.5.6 “The risk of groundwater flooding is considered to be high.” A 40% climate change event is mentioned, yet 141% rainfall event already occurred throughout February

4.10 “The risk of increased surface water run-off, from the scheme, to surrounding areas, is considered to be high”

Exception Test 2B “The development must demonstrate that it provides wider sustainability benefits to the community, that outweigh flood risk”

We believe that the exception test has not been passed. Nor do the plans meet NSPNN People and Communities Para 5.174. The loss of public open space, trees, biodiversity, and deleterious effects of increased air pollution, on Derby people, including those sectors of society least able, as well as communities alongside the schemes, outweigh any perceived benefits and we request that the Secretary of State refuses the A38 Junctions developments.

6A Corrected

6 A38 Junctions Derby Friends of the Earth

In responses to EXA questions, re air quality (3 Schedule 10) HE clearly states“The compliance risk assessment [REP6-020] and [REP7-009] concluded that all areas would be compliant in the Scheme opening year (2024) both with and without operation of the Scheme…”

yet in responses to Derby FoE, HE states (REP 6-035 Vol 8.84) that “Emissions overall would increase…” , “increased emissions from increased traffic on the A38…” The A38 Junctions schemes would not assist the council in achieving compliance, especially as DciC outline the additional and numerous city streets that would be impacted, by increased, or ‘re-assigned’ traffic from the A38 schemes. (REP6-037) There is no indication of how much air pollution would be increased on these streets and the materially worse environmental effects. The meaning of ‘increased traffic’ = induced traffic AND re-assigned traffic, as well as traffic already using the network

PARAGRAPH CORRECTION Regarding trees, HE states that pollution removal by local trees ‘is small’ . (8.91) Yet the UK Government acknowledges the massive beneficial effects of air pollution removal by trees, see https://www.ons.gov.uk/economy/environmentalaccounts/articles/ukairpollutionremovalhowmuchpollutiondoesvegetationremoveinyourarea/2018-07-30

The calculated approximate beneficial cost to the NHS, of health savings, in the East Midlands, is a saving of £20 per

person. Across the East Midlands, and including the main cities of Derby, Leicester, Nottingham, this amounts to over £500 million and outweighs the £270 million cost of the schemes. In any case, the daily 15000 vehicles on the A38 and of course the Kingsway Royal Hospital site, the most polluted site in the East Midlands (FOE ENC 1) acknowledged by HE, would worsen health effects.

HE states that trees would not be planted in ‘saturated ground’ yet increased rainfall is now the norm and Markeaton Park flooded in February 2020. Groundwater levels throughout the park rose, and, if the scheme were built, this would ensure that further run-off/increased groundwater levels, would drown any planted saplings. For HE to simply state that more would be planted if the trees died, is not a helpful response.

Q38 8.1 HE does not answer the question regarding cumulative carbon dioxide emissions from the planned 100 road schemes across the UK. HE also states that ‘it is not considered that any additional CO2 emissions will arise as a result of the Scheme construction works’ yet HE admits that ‘further investigations’ are needed into CO2 and pollutants, at the Kingsway landfill .We ask the Secretary of State to consider the cumulative CO2 figure for the planned 100 road schemes in the UK

REP8 -009 The health effects and benefits to the people who are most impacted by the schemes, in relation to loss of public open space, are those communities who lack public open space and for whom this park is their ‘countryside’- the wards of polluted, deprived Sinfin, Osmaston, Normanton, Rosehill and Peartree. Car ownership in many of these wards is low and the junction schemes will have no benefit for them, except to lengthen pedestrian/bus journeys, to increase pollution at the pedestrian crossings, (DMRB LA105) make their journeys to the park longer, having to navigate the increased number of traffic lights, longer pedestrian waiting times at the polluted Markeaton junction, having to stand in a polluted area, to use the footpaths, added to deterioration in access to the park, from the city. Instead of the one crossing for pedestrians, there would be two, again adding to the time spent in a highly polluted area. Children, at the Royal School for the Deaf, families with young children, who do not drive, children walking to the park, and the elderly who do not drive, will be the most affected.

Q43 Re tree biodiversity effects, an oak tree can support over 200 insect species, with related bird species who feed on those. NB State of Nature 2016 – UK is one of the most nature-depleted countries in the world. The UK Government has signed the Global Convention on Biodiversity. In the year of COP26, – now cancelled, though envisaged to be online or some sort of internet presence will be maintained – HE continues to pursue outdated, environmentally destructive and polluting plans.

Homeworking is becoming incredibly efficient, through the terrible means of the coronavirus. Many of the companies now encouraging workers to worker from home, will continue this practice after the coronavirus emergency, as they realise that their overheads reduce and that worker activity at home, increases. In the current coronavirus emergency, people working from home will actually increase their workload, because they are scared to lose their jobs, during/after the coronavirus emergency. They are thus working harder, from home. Companies will see this and realise that it pays them to maintain the work-from-home schemes, which will also lead them to save energy, as the people working from home utilise their own premises, with related energy, food, lighting cost savings. This will have a massive impact on traffic. This eliminates any perceived ‘need’ for the A38 Junction schemes. Traffic has already

been reduced and will remain reduced.

HE cannot continue to evade the effects of the real-life situation on the ground – the coronavirus emergency and the simultaneous climate emergency. At time of writing (2/4/20) the Antarctic is undergoing an unprecedented heatwave. Heavy rain is threatening flooding in Southern China and heavy rainfall is causing flooding in New South Wales, Australia. This, alongside the unprecedented storms and 141% rainfall events visited on the UK in the last few months. There is a reason it is called an emergency. As HE appears unable to understand this, we ask the Secretary of State to apply reasoning.

Throughout the HE responses to EXA, the detailed design stages keep being mentioned, as though it could all be sorted at a later stage. Ie 2.6 Traffic management plan to be left to detailed design stage, 3.2 DCic – air quality being left to detailed design stage’. Dcic also recommend formal commentary from DEFRA regarding EXA questions on air quality concerns and 3.3 ‘Neither HE nor Dcic are responsible for either reporting on, or determining compliance against the EU Directive’ HE has been separately commissioned by DFT to undertake air quality compliance work, in relation to the Air Quality National Plan. (3.0 EXA responses Sched 10) This is not yet complete. Effects on the 1000s of pedestrian movements on the Kingsway and Markeaton junctions, are not complete. (DRMB LA105) The ‘further investigations’ into the contaminated landfill site at Kingsway, are not complete. Excessive carbon dioxide may have been the reason that 4 of the trial pits were stopped, at 1-2meter depth at Kingsway, yet ‘further investigations’ are to be made.

EXA cannot be assured of the ‘mitigation’ of flooding effects either, as reliance is being placed on an outdated flood risk assessment from 2013. EXA will have seen the effects on Markeaton Brook ‘an important base flow‘ (REP4 10) to the River Derwent, during the site visit. Climatic impacts are now increasing in number and frequency, and HE acknowledges that the schemes will increase the risk of groundwater level rises/run-off. (REP4 10 pg 4) 4.5.6 “The risk of groundwater flooding is considered to be high.”

4.10 The risk of increased surface water run-off, from the scheme, to surrounding areas, is considered to be high” Increased rainfall/groundwater will drown the saplings, planned to replace the destroyed trees/hedgerows/biodiversity. Markeaton Park flooded in February 2020 https://www.derbytelegraph.co.uk/news/local-news/live-updates-derbyshire-roads-flooded-3867352

The compulsory purchase of the land is not in the public interests, especially those sectors of the public, who do not own cars, do not drive and have no access to cars. They rely on walking or public transport. The A38 junctions schemes will do nothing for pedestrians and in fact curtail their access to the park, through the added widening, increased number of crossings. People who continue to have their public open space standards diminished and their situation ignored, through schemes such as these. Responses from HE, set HE apart, from the effects of the schemes HE visits upon the people of Derby.

The schemes are a massive imbalance, in that public land is effectively being taken from the poorest sectors, usually the sick, disabled, women and those without access to cars, and given to those more affluent. The Secretary of State has a chance to correct that imbalance.

NSPNN People and Communities Para 5.174 ‘The Secretary of State should not grant consent for development on existing open space, sports and recreational buildings unless there is surplus or excess land or the benefits of the project outweigh the loss of those facilities.’

We have outlined effects on the most deprived sections of society, in the poorest wards, with diminished public open space standards. Markeaton Park is their city park. There is no benefit in further destruction of their open space.

Exception Test 2B “The development must demonstrate that it provides wider sustainability benefits to the community, that outweigh flood risk”

HE does not answer the Q51 of whether HE is a climate emergency denier or not, repeating that ‘the environmental assessment as reported in the Environmental Statement (ES) for the Scheme appropriately assesses Scheme effects upon climate, as well as the effects of climate change on the Scheme.’ Refusing to acknowledge the February 141% increased rainfall event as evidence of the climate emergency, would indicate otherwise.

Regarding sustainability benefits the UK Government states the following in the March 2020 ‘Decarbonising Transport:Setting the Challenge‘ consultation https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876251/decarbonising-transport-setting-the-challenge.pdf

“The Fifth Assessment Report of the Intergovernmental Panel on Climate Change defines co-benefits as being “the positive effects that a policy or measure aimed at one objective might have on other objectives”. Co-benefits of positive action on reducing transport emissions include: • Public health benefits through increased active travel and improved air quality; • Improvements to the economy and employment rates through industry and innovation;

Reduction in inequality where those who generate less noise and air pollution are disproportionally impacted by pollution”

We ask the Secretary of State to take up the challenge, on behalf of communities who are least able.

1 Friends of the Earth First Evidence 5/3/20

These plans date back to the 80s; they take no account of the current climate emergency. Highways England continue with them, despite the fact that carbon dioxide emissions and air pollution (nitrogen dioxide) will be significantly increased, by the generated traffic. It is as though time has stood still and there was no climate crisis. The UK Government will not meet carbon targets with such schemes.COP26 is to be held in the UK this year. It does not bode well for future generations, and their rights, under the Human Rights Act and the Aarhus Convention’s twin protections for environmental and human rights, Article 1 “the right of every person of present and future generations to live in an environment adequate to his or her health and well-being”

Derby is one of the UK Government 6 designated Clean Air Zones, for nitrogen dioxide (NO2). Derby is not meeting NO2 Air Quality Standards, and will not, especially with such plans to induce more traffic.

The plans are estimated to significantly INCREASE NO2 air pollution.

HUMAN RIGHTS

Air pollution is leading to 7 million premature deaths a year around the world, including 600,000 among children, David Boyd (UN expert March 4 2019 Thomson Reuters Foundation)”To put that 7 million figure in context, that’s more deaths every year than the combined total of war, murder, tuberculosis, HIV, Aids and malaria”…It’s a global health crisis that really needs to be addressed. Air pollution violates the rights to life, to health, the rights of the child and also violates the right to live in a healthy and sustainable environment”

The United Nations accused the UK Government of being ‘laggards’ when it came to air pollution (The Times June 5th 2019)

Another indicator that the plans are outdated, is that younger present generations are not buying new cars and sales are dropping. It may be economic, or that they know that the petrol/diesel engine is unsustainable and are using mass transit/waiting for more sustainable mass transit. This is not accounted for.

FLOODS AND CONGESTION

Derby inner city ring road completion was claimed to reduce congestion/pollution. This has not occurred, as evidenced by high nitrogen dioxide levels. On November 8th, the entire inner ring road system ground to a halt, for over two hours, as the River Derwent burst its banks and flooded several roads, leading to closures and tailbacks of traffic, including on the A38. People were trapped in their cars/buses. Since then, the Derwent river levels were high again last week, due to Storm Ciara and this week because of Storm Dennis. Tributary brooks including Markeaton and Amber brook overflowed. Storms and rainfall are increasing in intensity. Yet HE has only modelled for ONE extreme rainfall event, not several occurring daily or spread out over a number of weeks/months. Their predictions are thus out of date.

MARKEATON PARK AND PUBLIC OPEN SPACE

This is a city park; people come here from all over the city, especially from wards which are lacking in Public Open Space standards, namely Rosehill, Peartree and Normanton, These wards are also amongst the most deprived. A campaign and petition to save Markeaton Park from similar unsustainable development was organised in the late 80s, garnering over 17000 signatures, mostly collected in the park, against loss of open space and tree felling. Approximately quarter of the signatories came from these wards. It is not helpful to claim there is an ‘oversupply of open space’ when such issues have not been examined. The petition will be available for viewing at the inquiry.

PUBLIC SAFETY/AIR POLLUTION

During the A6 Bypass inquiry we asked the Highways Agency (HA) (known then) if they had taken into account the children who might run across the carriageway to Elvaston Castle park (their access previously unfettered) HA said yes and were dismissive. Within a few months of opening the bypass, a little boy was killed. HA response was to make some of the fences higher. Many people and children run across the current Markeaton Park island layout, as the traffic light system timings allow it. We have seen them. Q1. How can HE guarantee public safety when HE have acknowledged greater traffic increases, faster speeds and increased air pollution?

Kingsway Island contains the Royal Derby Hospital. This is the most polluted site in the East Midlands. (See Derby FOE ENC 1) At the inquiry Day 2, HE said they would be putting more traffic onto the A38 Kingsway, thus this island, and speeding up that traffic. It is ironic that people come here to improve their health.

BIODIVERSITY

The UK is on target to miss international commitments under the Global Convention on Biodiversity Directive, to which it is a signatory. The loss of over 100 trees and valuable areas of wetland/washland and biodiversity at Markeaton Park is an indicator that nothing is changing. The UK is one of the most nature-depleted countries in the world (State of Nature 2016).

INCREASED RAINFALL EFFECTS & RUN-OFF DUE TO CLIMATE CHANGE/car parks

The brooks in Allestree, (ward next to Markeaton Park) including Markeaton brook and Amber brook, are already at over-capacity and often flood gardens and homes. The A38 junctions, especially Markeaton, will increase run-off and flooding. In addition to this, hundreds of homes across Allestree have added to Amber Brook run-off by concreting their front gardens, to enable car parking. We believe this is not in the remit of the A38 Behavioural Change Group.

At time of writing there has been another week of extreme rainfall and river levels cross the country are high, with over 150 flood alerts (down from over 600 last week) Markeaton Park is flooded (20 February 2020) Another storm, -Storm Ellen, is forecast for next week and heavy rainfall continues.

The A38 has been closed at Burton-on-Trent because of flooding, for 2 days (20/2/10)

The Environment Agency (EA) has stated that the rainfall so far, in February, is at 141% of the average February rainfall. (John Curtin, Flood Mgr, Metro 20 Feb 2020)

The East Midlands agricultural sector has reported that wheat harvests will be at the their lowest since 1947,as weather conditions have been too wet to sow seed. Arable land in the East Midlands is the worst affected, in England. (East Midlands Today 21/2/20)

We support other objectors.

Questions and observations arising from Feb 18/19 Hearings and further questions here included, to save time at the inquiry. We will also be submitting further responses to the HE submission on 28th February

We are dismayed at the lack of care regarding procedure from HE; the omission to inform the public about the hearings, through Public Notices in the local newspaper, the Derby Evening Telegraph. This is a breach of the Aarhus Convention.

AIR QUALITY 1

Q2. Regarding air quality, Highways England (HE) has acknowledged that air pollution – nitrogen dioxide levels will worsen because of the roadworks, including Markeaton Park flyover, slip roads, widening. HE stated that they would be putting more traffic onto the A38, which includes Kingsway island, on which the Royal Derby Hospital is situated. This is the most polluted site in the East Midlands for nitrogen dioxide, (See Derby FOE ENC 1) HE, through the extra capacity building, will thus be increasing the amount of traffic and pollution at this island, in trying to make traffic flow faster. How does this assist with the main intention of the NHS – to help sick people improve their health?

Q3. The NHS has estimated that the beneficial nature of London parks alone, has saved the NHS £370 MILLION pounds a year. We ask HE to provide the cost benefit savings of Derby parks and especially the main city park, Markeaton Park?

Q4. Air pollution is a material consideration and the UK Government has declared Derby a designated ‘Clean Air Zone’ -how do these plans, which increase pollution, assist that designation?

Q5. Derby has no Air Quality Action Plan (AQAP) and is currently consulting on one. Particulates are estimated to be reduced if nitrogen dioxide is reduced. Diesel vehicles are the main PM emission sources. As HE claim they want to separate out the lorries, will these lorries, vans etc be the main source of the ‘significantly increased emissions’?

CLIMATE, CARBON & FACTORS INDICATING OUTDATEDNESS/OBSOLESCENCE OF PLANS

Q6. Does HE agree that there is a current climate emergency?

Q7. How does HE envisage assisting the UK Government with declared carbon targets?

Q8. Derby City Council and the UK Government have declared a climate emergency; how do these plans, which increase carbon dioxide emissions by thousands of tonnes, fit with that declaration and what is are the estimated CO2 emissions from an extra 15000 vehicles daily?

Q9. What is the total amount of CO2 produced by the cement and steel, to be used in the Markeaton junctions plan and the other schemes?

Q10. We believe HE is downplaying the effects of the climate emergency, especially as these plans date back to the late 80s and there is no acknowledgment of their obsolescence. We ask if HE is really serious about climate change?

Q11. In the real world, the global economy is entering recession, younger generations are not buying cars and car sales are dropping. Younger generations have no chance to reach the stability that their parents had and their standard of living is dropping, compared to that of their parents. This is another factor that has not been examined by HE and we ask why?

Q12. In 2016/2017 there were 929 MILLION local bus journeys made by older and disabled concessionary pass holders (Transport Statistics summary, Great Britain, 2018 pg 15) In 2018/19 there were 4.8 billion local bus passenger journeys in Great Britain, 58% of all public transport journeys. (Transport Statistics summary 2019 pg13) There was no figure for concessionary journeys in the 2019 Transport Statistics. As the population grows older and increases – we know that this figure is increasing as older people reach the age of the concessionary pass holder and use sustainable mass transit more often – how is HE encouraging the use of public transport?

Q13.Total fuel duty revenue almost tripled between 1990 and 2010, then flattened off in period up to 2017.(Transport Statistics Great Britain 2018pg 27) and dropped again in 2019(Transport Statistics Great Britain 2019 pg 26) These duties are used to fund Highways England. So it will be in HE’s interest to INCREASE the number of car journeys, in order to maintain, perversely, funding for HE. Therefore, we ask is it one of HE’s main purposes – to make car journeys ‘seem’ quicker and faster, so that more people will use more fuel and increase their car journeys/drive?

Q14. In doing this, does HE agree that if these roads are built, HE funding can be maintained?

Q15. How can this be claimed as HE promoting ‘sustainable’ transport?

WATER

SUSTAINABLE URBAN DRAINAGE/FLOODING

Q16. Do HE agree that the wetlands/biodiversity and over 100 trees to be destroyed, at Markeaton Park, constitute ‘Sustainable Urban Drainage’?

Q17. Do HE agree that wetlands/biodiversity and over 100 trees to be destroyed, at Markeaton Park, constitute upriver/stream flood risk management?

Q18. Derby city centre flooded in November 2019, leading to gross pollution of floodwaters, by petrol, diesel, sewage, blood etc from urban areas upriver/industrial sites/construction. Who has the responsibility of clearing up the increased water/pollution from the road schemes, entering our river/streams, because of increased and intensive daily/weekly/monthly/combined climate emergency rainfall events?

Q19. The UK Government have stated that extreme rainfall events are to increase because of the climate emergency. Why has HE not carried out modelling for DAILY extreme rainfall events for a week or WEEKLY extreme rainfall events for a month/many months, and the expected provisional flows from such events eg combined November 2019 storm/Storm Ciara Feb 2020/Storm Dennis Feb 2020?

Q20.On November 8th 2019, over 200 personnel at the Rolls-Royce nuclear reactor on Raynesway – (see Alvaston flood map) were evacuated, as the River Derwent river levels rose to threaten the safety of workers/residents. Markeaton Brook (see Allestree flood map) is the main tributary stream into the River Derwent, which has been constantly high since November 2019 flooding of the city. The trees/wetland at Markeaton Park form valuable water retaining areas. As HE has only modelled 40% extreme rainfall event, not daily extreme rainfall events,eg for a week or weekly extreme rainfall events for a month, how can HE claim that there will be no knock-on effects downstream, of loss of upstream trees/wetland providing rainfall/water run-off absorption, emanating from the combined A38 junctions works/flyover/widening concretisation?

Q21. EA has stated that rainfall is at 141% of February rainfall (20 Feb EA) and HE have only modelled for 40%, we ask that HE produces revised 141% figures, as their 40% estimate is outdated and does not take account of worsening weather systems, due to the climate emergency, especially the excessive rainfall in the East Midlands. This is of particular importance regarding the knock-on effects, downstream. (see Q20)

AIR QUALITY 2 – TRAFFIC, STAFFORD ST

Q22.HE has taken air pollution figures from 2016, yet traffic figures from 2018. Why? Is it because the traffic figures were similar for 2018/19, but pollution was lower?

Q23. Regarding APP A43 Air Quality – 5.10.52 Stafford St – is the decrease in predicted PM10 concentrations imperceptible, with the scheme?

Q24. APP A43 Air Quality – 5.10.62 Are reduced emissions of NOX and PM10 expected between baseline situation (2015) and opening year (2024) WITHOUT the scheme?

FOE ENC 1

Friends of the Earth press release

Embargoed: 00:01 xx February 2019

Mapped: Seventy One East Midlands locations breaching air pollution limits

A data audit* by Friends of the Earth has revealed the 71 sites across The East Midlands that have breached the annual Air Quality Objective for Nitrogen Dioxide (NO2) levels, which is set to protect health. Of these sites the Kingsway/A38 junction in Derby had the highest NO2 level, with an annual average of 62ug/m3 – more than 50% over the Objective of 40ug/m3

View full map here, and spreadsheet organised by local authority here.

High levels of NO2 can cause a flare up of asthma or symptoms such as coughing and difficulty breathing. A leading cause of NO2 pollution is emissions from road traffic.

With toxic air above limits affecting huge swathes of the UK Friends of the Earth is campaigning for Clean Air Zones to be rolled out in far more places than are currently being planned, supported by measures such as improved infrastructure to support safe cycling and walking. This would see fewer polluting vehicles on our roads and would ultimately improve public health. Removing such vehicles would also contribute to reducing carbon emissions and fighting climate change.

Richard Dyer, East Midlands campaign organiser at Friends of the Earth, said:

“It’s unforgivable to see many locations across the region over air quality limits, leaving thousands of us breathing dangerously polluted air.

“Air pollution is often an issue thought of as affecting only the biggest cities. The reality is that unacceptably toxic air can be found across much of the UK. even in smaller towns. It is harming the health of people across the country and is especially bad for young children whose lungs are still developing.

“The government needs to step up and do more to deal with this air pollution crisis – they can’t just carry on leaving the difficult decisions with local authorities, many of which are severely under-resourced.”

East Midlands locations ranked by annual average level of NO2 (in ug/m3):

  1. Kingsway/A38, Derby – 62
  2. Pegasus crossing, Tintwistle, High Peak – 60.2
  3. M1 Bridge Copt Oak, North West Leicestershire – 58.7
  4. Leicester Road, Kibworth, Harborough – 56.9
  5. Harborough Road, Northampton – 54.7
  6. Liquorpond Street, Boston – 53.2
  7. Glenhills Way, Leicester – 53
  8. Vaughan Way, Leicester – 53
  9. Woodhead Road, Tintwistle, High Peak – 51.5
  10. London Road, Nottingham – 51

ENDS

For more information contact the Friends of the Earth press office on 020 7566 1649 / 07718 394786 (out of hours – please do not text this number) or by emailing media@foe.co.uk.

Editor’s notes:​

  1. *Data has been accessed from the most recent local authority annual Air Quality Status Reports submitted to Government. The results are all bias corrected, and distance-adjusted where appropriate. In some cases, this data is provisional and awaiting approval from DEFRA.
  2. In order to meet the Annual Air Quality Objective a site must have an annual average Nitrogen Dioxide (NO2) level below 40ug/m3
  3. A full UK map of all the locations breaching the annual Air Quality Objective for NO2 can be viewed here
    • This map pinpoints the locations where the annual mean NO2levels are above the national Air Quality Objective (an annual average of 40ug/m3). The points on the map are colour-coded as follows:
    • Yellow – between 40 and 50ug/m3
    • Orange – between 50 and 60ug/m3
    • Red – above 60ug/m3
  4. A spreadsheet organised by region/nation and local authority can be viewed here
  5. See here for more information on sources of NO2 pollution
  6. See here for more information on the health risks of NO2 pollution
  7. Friends of the Earth is calling for urgent government action to quickly and drastically improve air quality including:
    • More Clean Air Zones than are currently being planned, which must be come into effect rapidly during 2019. These must include all vehicle types. Effective Clean Air Zones will lead to fewer, and cleaner cars on our roads, safer streets, more welcoming neighbourhoods and, vitally, healthier lungs for our children.
    • The UK must phase out high polluting diesel and petrol vehicles, more rapidly than the government propose – by 2030, rather than 2040. There must also be a government-led scrappage scheme to help people move away from the most polluting vehicles (with car club membership and alternatives to driving such as rail season tickets being offered), and motor manufacturers who have contributed to the UK’s air pollution crisis should be made to cough up to help fund such a scheme.
    • Investment in clean, affordable and reliable public transport.
    • An improvement in infrastructure to support alternatives to driving, such as safe cycling and walking.
    • Road traffic needs to be reduced – to meet climate change targets as well as those for air pollution. Traffic generating schemes such as airport expansion and road building which would add to the air pollution problem must be scrapped
    • The UK must move to World Health Organisation Standards for air pollution, and these must be incorporated into the Environment Bill. The full guidelines from the WHO can be read here
  8. Friends of the Earth is an international community dedicated to the protection of the natural world and the wellbeing of everyone in it. We bring together more than two million people in 75 countries, combining people power all over the world to transform local actions into global impact. For more information visit: https://friendsoftheearth.uk/ follow us at @friends_earth, or like our Facebook

ALLESTREE FLOOD RISK MAP 2015

Click to access SFRA1_Plan_429337.pdf

ALVASTON FLOOD RISK MAP 2015

Click to access SFRA1_Plan_435329.pdf

PARIS AGREEMENT/Climate DERBY & SOUTH DERBYS FRIENDS OF THE EARTH

There has been no full account taken of the updated 100% Paris Agreement targets, to which the UK Government is a signatory (Climate Vol 6 Chapter 14 Climate) This is a serious omission, as evidenced by the recent Heathrow Court of Appeal decision. As targets are set to be increased, over 100 road widening and capacity increasing schemes in the UK, ensure that we will not meet 100% carbon reduction targets.

Vol 6 14.7.9 pg16 Vol 6 Climate – “The UK road infrastructure is already being affected by severe weather events, specifically through flooding and changes to extreme weather event frequency and severity”

14.3.28 “Projected changes to average climatic conditions, as a result of climate change,and an increased frequency and severity of extreme weather events have the potential to impact the ability of the surrounding natural environment to adapt to climate change”

14.10.22 pg27 Vol 6 Chapter 14 Climate, states” The ICCI assessment has not identified the potential for significant combined impacts of future climate change and the Scheme on identified receptors in the surrounding environment.” Yet to date, the East Midlands has received 141% increased rainfall, the River Derwent has been high since November 2019 – (see Derby city river gauge https://www.gaugemap.co.uk/#!Detail/162/173/2019-03-01/2020-03-31 ) and is already impacting the identified receptors, as well as people in Allestree, Derby City and workers at the RR reactor; all of whom will be receptors, on the receiving end of the increased water run-off/rainfall from the scheme. They have not been identified as receptors and we believe this is a gross omission.

Derby Evening Telegraph – Markeaton Park floods 20/2/2020

https://www.derbytelegraph.co.uk/news/local-news/live-updates-derbyshire-roads-flooded-3867352

and https://www.derbytelegraph.co.uk/burton/we-need-38-tonnes-hobnobs-3867779 (extract below)

The A38 between Barton under Needwood and Branston was closed over two days after five million litres of water turned the usually busy dual carriageway into a boating lake.

And there was nowhere for the water to be pumped to in the soggy conditions, so it was a case of waiting for it to clear”

REP4;10 pg 4 2.4.3 Both Markeaton Brook and Mackworth Brook (see Allestree flood risk map) are connected to a significant watercourse diversion The Northern Relief Culvert, upstream of Markeaton Lake…serves as flood relief downstream of Markeaton Lake by diverting peak flows directly to River Derwent

2.4.4 “Lake culvert & Middle Brook culvert flow beneath A38, before joining Markeaton brook further downstream”

2.5.4 ...’forming an important source of base flow to rivers”

3.1.2 pg 6 …“that the Secretary of State be satisfied that flood risk will not be increased elsewhere…”

3.1.3 “Consider risk of all forms of flooding”…“Take impacts of climate change into account…”

Pg 9 3.8.4 Environment Agency (EA) emphasised that “surface water run-off should be controlled to existing rates or less” The ‘existing rate’ has gone up considerably since November 2019. February rainfall levels are at 141% of the average rainfall for February.

4.3.3 The email sent to EA, from HE, was on 8/11/19 – the day that the River Derwent flooded the city centre and Rolls-Royce workers were evacuated from the nuclear site next to the River Derwent in Alvaston, Derby (see Alvaston flood map) Photos of Derby city centre flooding, are at https://derbyfoe.com/2019/11/08/derby-floods-8-11-2019/

4.5.1 Groundwater is known to flood in areas underlain by major aquifers and 4.5.2, 4.5.3 the underlying geology is permeable. Markeaton Park groundwater flooding occurred 20/2/20 -(Derby Evening Telegraph link above)

4.5.6 “The risk of groundwater flooding is considered to be high.” A 40% climate change event is mentioned, yet 141% rainfall event has already occurred throughout February

4.10 The risk of increased surface water run-off, from the scheme, to surrounding areas, is considered to be high”

EXCEPTION TEST 2B – “The development must demonstrate that it provides wider sustainability benefits to the community, that outweigh flood risk

HEALTH STUDY AREA APP 146 6.2 The poorest and most deprived Derby wards, – Normanton, Rosehill, Peartree, Sinfin, Osmaston are omitted. Markeaton Park is a city park and valuable open space for people from those wards lacking in Public Open Space Standards.

London parks are estimated to save the NHS £370 million yearly, through health benefits. (Cities:Natures New Wild BBC2) Questions have been sent to the National Health Service (NHS) regarding the value of parks and recreation, to the health of Derby people. To date we have not received replies and hope to present this information at a later date.

APP 172 Table 1.13 Nitrogen dioxide predicted annual mean concentrations with scheme; out of 243 receptors, 62 show slight or medium improvements while 181 are imperceptible or worsened, including Kingsway NHS Hospital site.

Q 25 How does this improve ‘sustainability benefits’ for Derby City, as one of the UK Government’s designated ‘Clean Air Zones’?