North Yorkshire Council

 

Thirsk and Malton Area Committee

 

Friday 13 June 2025

 

Report of the Regulatory Services Scientific Team and answers to public questions from the meeting held on 28 March 2025

 

1.0       PURPOSE OF REPORT

 

1.1       To answer questions arising from the Area Committee held on 28 March 2025 (see appendix 1 and 2).

 

 

2.0       BACKGROUND        

 

2.1       The former Ryedale District Council (RDC) declared an Air Quality Management Area (AQMA) in Malton in December 2009 due to monitored levels of nitrogen dioxide (NO2) exceeding the UK government’s health based statutory annual objective limit of 40ug/m3. As part of measures to lower NO2 levels to below this limit, North Yorkshire County Council (NYCC) initiated an experimental 18-month HGV ban on the 13 April 2018 for vehicles of more than 7.5 tonnes crossing the level crossing into Malton. The aim was to reduce the number of lorries travelling through the Malton AQMA. In January 2020 NYCC confirmed their decision to make the HGV restriction permanent (but keep it under review), with the Traffic Regulation Order made permanent on the 13 February 2020.

 

2.2       Following local government reorganisation the new North Yorkshire Council revoked the Malton AQMA on 4 October 2025, as there had been 7 consecutive years of compliance data within 10% of the NO objective. As such DEFRA instructed the council to revoke the AQMA as detailed below:

 

The revocation of an AQMA should be considered following three consecutive years of compliance with the relevant objective as evidenced through monitoring. Where there have been no exceedances for the past five years, local authorities must proceed with plans to revoke the AQMA. The LAQM Technical Guidance 2022 is clear in this respect:

 

"There should not be any declared AQMAs for which compliance with the relevant objective has been achieved for a consecutive five-year period." (Point 3.57, page 50).

 

AQMAs should identify areas where air quality objectives are not being met or are likely to be at risk of not meeting them. Keeping AQMAs in place longer than required risks diluting their meaning and impacting public trust in LAQM.

 

3.0       THE SUBSTANTIVE ISSUE

 

3.1       Question:

            Will North Yorkshire Council please revise its Air Quality Action Plan to reflect and align

            with the more ambitious air quality improvement aspirations of the York City Council Air

            Quality Action Plan AQAP4, which is striving to achieve compliance with the more

            stringent WHO Global Air Quality Guidelines?

 

 

 

3.2       Answer

            North Yorkshire Council were obliged to revoke the Malton AQMA in line with the Local Air Quality Management regime imposed by DEFRA. The UK statutory limits are used to determine an AQMA. The World Health Organisation (WHO) limits are guidance only and have no basis in UK law. The limits are as follows:

 

            UK annual mean = 40ug/m3

            WHO annual mean = 10ug/m3

 

            Last year North Yorkshire Council compiled an Air Quality Action Plan (AQAP) to demonstrate the measures to be undertaken to achieve compliance in the 4 remaining AQMAs in North Yorkshire. We are currently preparing this year’s Annual Status Report (ASR) which examines monitoring data from 2024. As a result, we are in the position to revoke another AQMA and will therefore be updating the AQAP. Although there is no North Yorkshire Council policy to formerly adopt the WHO guideline values, the Scientific team are happy to include the wording used by City of York in their AQAP i.e. to “work towards meeting stricter WHO guidelines” This is compatible with our continuing attempts to pursue air quality improvements across the county as demonstrated by the graph below.

 

 

Through the council’s Air Quality Steering Group, the Scientific Team are working with other council departments to make air quality a consideration in council policies and strategies, and we are already consulted by colleagues in Planning and Highways on developments and traffic schemes. The council aims to produce a holistic Air Quality Strategy by March 2027.

 

3.3       Supplementary question:

Given the confirmed success of the 7.5 tonne HGV weight restriction over Norton level crossing in reducing the level of NO2 in the breathable air in Malton, please will the council now remove the word temporary from the order and make the restriction permanent and thereafter, commence and maintain proper enforcement?

 

Note: I suggest the council look closely at the ANPR system it operates at Cawood Bridge and consider installing a similar system at the level crossing in Norton.

 

 

 

3.4       Answer

Having spoken to Highways colleagues, the 7.5 tonne weight restriction will be retained pending a comprehensive report on all major variables affecting air traffic and air quality in Malton, such as the frequency of rail traffic, the one-way system on Norton Road, traffic signalling and the HGV ban. It is accepted that the HGV ban has been successful in helping to reduce pollution levels, but it does contribute to other traffic issues within the town and ways to address this are being explored. The Scientific team has been invited to comment on any finished report and review its conclusions with regard to air quality. Although the Malton AQMA has been revoked, diffusion tube monitoring will continue as before. A new continuous monitor has also been installed on Butcher Corner that will measure particulates as well as nitrogen dioxide.

 

Enforcement of the weight restriction, although still the responsibility of Trading Standards, will fall to the new Regulatory Services Enforcement Team. The council will continue to enforce the restriction proportionately as resources allow, as it does with all weight restrictions.

 

4.0       RECOMMENDATION

 

            That the report be noted

 

 

 

Report Author – Dr Kevin Carr, Divisional Officer – Scientific, Regulatory Services

Presenter of Report – Dr Kevin Carr, Divisional Officer and Sophie Nicholson, Scientific Officer

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.