Mobility and Infrastructure

UK Government publishes Air Quality Plan

Published on 26th Jul 2017

The UK Government has today (26 July) published its widely anticipated Air Quality Plan.  This release follows the long legal battle with ClientEarth, and the publication of the Draft Air Quality plan on 5 May 2017 which we covered here.

What is in the Air Quality Plan?

Over the last 24 hours, it has been widely publicised that the plan includes a ban on the sale of diesel and petrol cars and vans in the UK from 2040, in a move to cut emissions. This follows the lead taken by France two weeks ago.

The Air Quality Plan states that numerous measures are currently in place in a bid to cut air pollution. Controversially, the overview document which accompanies the plan refers to the Volkswagen scandal and asserts that the fact that poor air quality persists in some parts of the country is “as a direct result of the failure of the European regulatory system to deliver expected improvements in vehicle emissions”.

The Air Quality Plan states that the UK Government will be developing further measures, which will be set out in:

a) the Clean Growth Plan which the Department for Business, Energy and Industrial Strategy will bring forward in the autumn.

b) a further strategy on the pathway to zero emission transport for all road vehicles to be published by March 2018.

c) a wider Clean Air Strategy in 2018 setting out how the UK will meet its international commitments to significantly reduce emissions of five damaging air pollutants by 2020 and 2030.

The role of local authorities

The Air Quality Plan focuses, though, on local authorities tackling the problem with Government support and funding. The Plan states clearly “Local authorities know their areas best and are best placed to take the lead in rectifying the problem.”

The Plan states that the UK Government will help local authorities by:

1. Setting up a £255m Implementation Fund, available to support local authorities to prepare their plans and deliver targeted action to improve air quality.

2. Establishing a Clean Air Fund, whereby local authorities bid for additional money to support the implementation of measures to improve air quality. This fund may be used for improvements to local bus fleets, support for concessionary travel and more sustainable modes of transport such as cycling, or infrastructure changes.

3. Providing £100 million for retrofitting and new low emission buses.

However, it is made clear that local plans will only be approved by Government, and thus be considered for appropriate funding support, if:

a) they are likely to cause NO2 levels in the area to reach legal compliance within the shortest time possible;

b) the effects and impacts on local residents and businesses have been assessed, including on disadvantaged groups, and there are no unintended consequences; and,

c) proposals that require central government funding demonstrate value for money.

Reaction to the Air Quality Plan

Environmental campaigners are expected to speak out against the plan, as they have been pushing for government-funded and mandated clean air zones, with financial charges for the most-polluting vehicles to enter areas with high pollution to be included in the plan.

Campaigners also wanted the plan to include a vehicle scrappage scheme. However, scrappage schemes are negatively described within the plan as “expensive, and evidence suggests that it could be a poor use of taxpayer money.” There is, though, reference to a further consultation on scrappage schemes to follow, where the views of stakeholders will be sought.

As a result of the publication of the Air Quality Plan there may be further legal challenges against the UK Government from environmental groups which have been reportedly critical of the plan labelling it “headline grabbing and cynical”.

We will be posting regular updates on the plan and the wider issue of air pollution.

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* This article is current as of the date of its publication and does not necessarily reflect the present state of the law or relevant regulation.

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