Issue - decisions

Date of Decision:

27^th March, 2025

Title:

Revocation of annual mean nitrogen dioxide Air Quality Management Areas on Wortley Road and adjacent to the M1 at  Brinsworth, Catcliffe, Blackburn, and Meadowbank

Decision Maker:

(Including Job Title)

Sam Barstow, Assistant Director, Community Safety & Street Scene

Details of Specific Cabinet Delegation

or Delegation contained in the relevant Sub-Scheme of Delegation.

Contained within delegations described in the Council’s Constitution, Sub-Scheme of Delegation – Strategic Director regeneration and Environment.

At Section 4C of Appendix 9: Responsibility for Functions, of the Constitution (Appendix 9 - Responsibility for Functions.pdf (rotherham.gov.uk), of the Constitution it states:

1 This officer delegation scheme sets out the executive functions delegated to officers by the Leader under his/her Executive Arrangements (The executive functions delegated by the Leader should be construed in a broad and inclusive fashion to include the doing of anything which is calculated to facilitate or is conducive or incidental to the discharge of those functions. They should not however be understood to include any Council function).

8. Delegations set out in this scheme will be read in conjunction with all provisions of the Council’s Constitution, and decisions taken by officers in accordance with this scheme will be taken in accordance with all relevant rules and protocols.

Appendix 9 continues, at Section 4C6, stating:

The Strategic Director of Regeneration and Environment is authorised to discharge executive functions for:-

1. Community Safety and Street Scene

(a) Community Safety, Resilience and Emergency Planning

(b) Highways and Network Management

(c) Regulation and Enforcement

(d) Waste and Street Scene

The Constitution continues at item 16 Sub Scheme of Delegation Strategic Director of Regeneration of Environment (Sub Scheme of Delegation - Strategic Director of Regeneration and Environment.pdf (rotherham.gov.uk) at p 1, to state:

The Strategic Director has chosen to sub-delegate some or all of those functions to officers of suitable experience and seniority in his/her own directorate or in another directorate.

At pp 3 – 8 the delegations to the Assistant Director Community Safety and Street Scene are defined further and include:

Any function not otherwise reserved to the full Council, the Cabinet, a committee of the Cabinet, a member of the Cabinet, a joint committee discharging executive functions or another local authority, relevant to the Assistant Director’s portfolio

Specific delegations are laid out in the Council’s Constitution at item 16 Sub-Scheme of Delegation Strategic Director of regeneration and Environment (Sub Scheme of Delegation - Strategic Director of Regeneration and Environment.pdf (rotherham.gov.uk)) pp51 – 61 in respect of the Environmental Protection Act 1990 and related statutory instruments, amongst others, in that the delegation of powers in relation to the issuance of statutory documents is:

Via written Authorisation to approve on behalf of Assistant Director of Community Safety and Street Scene and the Assistant Director – Planning, Regeneration and Transport, to the Head of Community Safety and Regulatory Services and Service Manager, Community Safety and Regulatory Services Head of Transport Infrastructure, Head of Highways.

Decision:

Revocation of annual mean nitrogen dioxide Air Quality Management Areas on Wortley Road and adjacent to the M1 at  Brinsworth, Catcliffe, Blackburn, and Meadowbank

Reasons for the Decision:

The levels of nitrogen dioxide have consistently been below national objective levels for over three years. Consequently, there is no legal requirement to have an Air Quality Management Area in these areas, subsequently the Air Quality Management Areas can be revoked.

Details of alternative options considered and rejected:

No alternatives exist as this is a legislative process.

Conflicts of interest declared by any Cabinet Member consulted by the decision maker which relates to the decision:

None

Dispensations Granted:

(If any)

None

Reports or parts of reports considered

None