Environment Act 2021 recap
The Environment Act 1995 (as amended by the Environment Act 2021) required the government to produce a national Air Quality Strategy setting out air quality standards, objectives for air pollutant restrictions, and measures to be taken by local authorities and others for improving ambient air quality every five years.
There are two air quality targets set under the Act, one of which is a “concentration target” and the other an “exposure target”, both relating to PM2.5.
What happened next?
A consultation on the proposed targets ran from 16th March to 27th June 2022.
Subsequently, The Environmental Targets (Fine Particulate Matter) (England) Regulations 2023 set the two PM2.5 targets (mentioned above) into law. They are as follows;
The annual mean concentration target is that by the end of 31st December 2040 the annual mean level of PM2.5 in ambient air must be equal to or less than 10 µg/m³ (“the target level”).
The population exposure reduction target is that there is at least a 35% reduction in population exposure by the end of 31st December 2040 (“the target date”), as compared with the average population exposure in the three-year period from 1st January 2016 to 31st December 2018 (“the baseline period”).
The Environment Improvement Plan was published, and includes a chapter on ‘Clean Air’ which sets out interim targets and describes how these will be met.
What is the Government doing now?
The Government is currently consulting on a replacement Air Quality Strategy. The last comprehensive review of the Strategy was published in 2007, with minor changes made in 2011.
The Air Quality Strategy is a locally-focused document to enable local authorities to clearly understand their role, responsibilities and powers relating to air quality. The Strategy sets out a strong support and capability-building framework to ensure local authorities have the necessary tools to take local action, supporting progress towards local and national targets.
The Strategy appears to put a lot more responsibility on local authorities to support the delivery of the new national PM2.5 targets. It states that “if the government considers local action has not gone far enough, we will consider introducing a statutory duty on local authorities.”
How will this affect the planning and construction industries?
Although PM2.5 is not currently part of the LAQM framework, the government still expects all local authorities to effectively use their powers to reduce PM2.5 emissions from the sources which are within their control.
Many local authorities are already introducing stricter air quality policies into their local plans, which will work towards meeting the national targets. But we should expect more local authorities to follow suit, as more Local Plans are updated, and therefore directly affecting local planning schemes.
Concern over indoor air quality increases, with the increase in evidence of the health impacts. The Environment Improvement Plan lists a number of ways to improve indoor air quality, one of which is to include air quality as a key consideration at early stages in the planning process.
It states that “the Department for Levelling Up, Housing and Communities (DLUHC) has already set out ventilation requirements to maintain indoor air quality as part of amendments to the Building Regulations.”
Key takeaways
New national PM2.5 targets are now set in law. This will start to trickle down to local level and require consideration at planning application stage.
The government is putting pressure on local authorities to take responsibility for the air quality in their administrative areas, as well as contributing to meeting National standards. Local authorities are currently at different stages when taking this into consideration into their local plans.
There are new ventilation requirements to maintain indoor air quality by the DLUHC, which has been reflected in the Building Regulations.
Local authorities are being encouraged to promote the use of cleaner Non Road Mobile Machinery (NRMM), which will require sufficient evidence in the way of construction and environment management plans when granting planning permission.
The consultation of the draft Air Quality Strategy ends on the 21st April 2023. Have your say here - https://consult.defra.gov.uk/air-quality-strategy-review-team/consultation-on-the-draft-revised-air-quality-stra/
Exe Valley Environmental provide a range of air quality consultancy services to assist with the design, planning and construction stages of a development. If you’re unsure what assessments your project will require in terms of air quality, drop me a call/message for some non-committal, friendly advice.