Government air pollution plans ruled unlawful

THE GOVERNMENT will have to do more to tackle illegal levels of air pollution after a High Court judge ruled its current plans are “unlawful”.

Mr Justice Garnham told the court in London yesterday that the approach to tackling pollution in 45 local authority areas – including three in Yorkshire – was “not sufficient”.

Sheffield City Council conceded poor air quality is a “public health crisis”, while the other two authorities involved are Leeds and Rotherham.

The ruling is the third victory against the Government for environmental lawyers from ClientEarth over proposals for reducing levels of harmful nitrogen dioxide.

ClientEarth won two previous rulings against Ministers over the levels, forcing the Government to draw up new plans last year for reducing nitrogen dioxide, much of which comes from vehicles, to within legal limits.

The measures included £255m to help local authorities come up with ways to improve air quality, and proposals to end the sale of all conventional petrol and diesel cars by 2040.

But, Mr Justice Garnham deemed the plans were unlawful because they did not comply with either a European directive or English regulations designed to reduce levels of the pollutant.

This latest case was brought against the Environment Secretary and the Transport Secretary, while a claim against the Welsh Government was discontinued after it agreed to work with ClientEarth on new proposals.

Mr Justice Garnham said the Government’s plan was “seriously flawed” in respect of the 45 local authority areas which are not expected to reduce pollution to within legal levels until 2021.

He added: “Because the obligation is zone-specific, the fact that each of the 45 local authority areas will achieve compliance in any event by 2021 is of no immediate significance.

“The Environment Secretary must ensure that, in each of the 45 areas, steps are taken to achieve compliance as soon as possible, by the quickest route possible and by a means that makes that outcome likely.”

Mr Justice Garnham said courts must “keep the pressure” on the Government and ordered Ministers to prepare a fresh plan, including any measures to be taken and a timeline for implementing them, by October 5.

In a legal first, he also took the “wholly exceptional” step of allowing ClientEarth to return to court without having to go through the usual process if it wishes to raise any issues with the finalised plans. Claimants usually have to apply for and be granted permission by a judge before their case can be heard.

He said: “It is now eight years since compliance should have been achieved and the 2017 air quality plan is the third unsuccessful attempt the Government has made.

“All the while, the health of those living in towns and cities across the country has continued to be at risk.”

He said he had no doubt the Government has acted in good faith and worked hard to reduce air pollution.

Coun Jack Scott, the cabinet member for transport and sustainability at Sheffield City Council, said: “This really comes as no surprise to those of us who are fighting for cleaner air in our towns and cities.

“Poor air quality is a public health crisis across the country and we need and deserve a government that will take real action and not just tinker at the edges. Everyone deserves cleaner air.”

Leeds and Rotherham councils were unavailable for comment.