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Legal Update

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... 12 hotspots in London had breached air pollution (nitrogen dioxide NO2) ... manifestly unfair and difficult to swallow Tried to use Human Rights argument ... – PowerPoint PPT presentation

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Title: Legal Update


1
Legal Update Legal Developments affecting the
Environment and your Business
  • Claire Wallace, Solicitor
  • Blake Morgan LLP

2
Air Pollution
  • April 2015 Supreme Court ruled that UK must
    take immediate action on air pollution
  • DEFRA to develop revised air quality plans by end
    of 2015
  • Was a result of long running campaign by
    ClientEarth
  • UK currently in breach of Ambient Air Quality
    Directive 2008
  • European Commission taking own infringement
    action against UK

3
Air Pollution background
  • By July 2015, 12 hotspots in London had breached
    air pollution (nitrogen dioxide NO2) limits for
    the whole year as set out in Air Quality
    Directive
  • Directive states The legal limit should not be
    exceeded more than 18 times in one year
  • E.g. Oxford Street exceeded its legal annual
    allowance just four days into 2015. By July 2015
    Oxford Street had exceeded its legal limit 1,048
    times
  • Deaths from NO2 related illnesses estimated at
    23,500 per annum in UK

4
Air Pollution planning implication?
  • Heathrow already in breach of air quality limits
  • May cause potential issues for a new runway
  • A leading public, planning and environmental
    barrister, Robert McCracken QC, has been asked to
    provide advice to NGO Clean Air in London (CAL)
    on this issue

5
Air pollution planning application
  • Mr McCracken planning applications which would
    result in, or worsen, a breach of the air quality
    limits must be refused
  • Mr McCracken it is the duty of other state
    authorities to use their powers to achieve the
    requirements of the directive, even where the
    government is failing to do so
  • Additional runway would only provide required
    capacity up to 2040 anyway

6
Air pollution
  • Mr McCracken did not rule out the possibility of
    individual enforcement under the Air Quality
    Directive, given its aim to protect public health
  • National Planning Policy Framework planning
    should contribute to conserving and enhancing
    the natural environment and reducing pollution.
  • DEFRA consultation on air quality closes on 6
    November. New plans to be submitted to EC by end
    of 2015.

7
Right of appeal enforcement notices
  • Statutory right of appeal against Local Authority
    and Regulator decisions
  • Recent case in July 2015 R on the Application of
    Independent Meat Suppliers and Cleveland Meat
    Company v Food Standards Agency 2 July 2015
  • Official vet at slaughterhouse declared 1,400
    worth of meat unsafe for human consumption
  • Owner disputed own expert evidence
  • Sought to appeal

8
Right of appeal enforcement notices
  • Informed that no right of appeal provided for
    under the European legislation
  • Difficult decision for business owners
    manifestly unfair and difficult to swallow
  • Tried to use Human Rights argument always tricky

9
ESOS
  • Deadline for ESOS fast approaching 5 December
    2015
  • Currently way off schedule low levels of
    awareness and shortage of assessors
  • As of beginning of October 2015 371 of 10,000
    companies are fully compliant
  • EA have now indicated they may be soft on
    enforcement, but no guarantee could face fines
    up to 50,000

10
Zero Carbon Homes
  • Government has announced that plans to make all
    new homes zero-carbon by 2016 have been dropped
  • Blow to the construction industry. Allowable
    solutions scheme also dropped
  • More new homes (perhaps) but short term solution
  • Only delaying issue as EU low carbon targets
    still need to be met by 2020
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