This briefing paper summarises the responsibilities that local
authorities have for local air quality.
Responsibility for meeting air quality targets is devolved to the
national administrations in Scotland, Wales and Northern Ireland.
As such this briefing focuses predominantly on the situation in
England. The main legislative provisions, policy and guidance in
the devolved nations are also provided.
Local Air Quality Management (LAQM) regime
The Environment Act
1995 (as amended) requires the UK Government and
the devolved administrations for Scotland and Wales to produce a
national air quality strategy containing standards, objectives
and measures for improving ambient air quality and to keep these
policies under review. The Environment (Northern
Ireland) Order 2002 makes corresponding
requirements for Northern Ireland. The latest version of the
strategy is the 2007 Air Quality Strategy for
England, Scotland, Wales and Northern Ireland.
In addition to this, the EU “Air Quality Directive” (EU Directive
2008/50/EC) on ambient air quality and cleaner air for
Europe sets legally binding standards for ambient air quality
(the condition of the air in the outdoor environment). The
Directive is implemented in the UK through regulations for each
country.
The local air quality management (LAQM) regime requires every
district and unitary authority to regularly review and assess air
quality in their area. These reviews identify whether national
objectives have been, or will be, achieved at relevant locations,
by an applicable date.
Actions to improve air quality
Local authorities use various means to achieve air quality
standards, such as traffic and parking management, road design
and planning, vehicle regulation, introducing Clean Air Zones,
establishing Smoke Control Areas, enforcing statutory nuisance
powers and regulating planning.
Proposals to improve air quality
The Government has published and consulted on various proposals
aimed at improving local air quality management. Some of these
were included in the Environment Bill 2019 which fell at
Dissolution. A new Environment Bill (Bill
9, 2019-20) was introduced on 30 January 2020 containing measures
to clarify duties and enable greater cooperation under the Local
Air Quality Management Framework, make smoke emissions in Smoke
Control Areas in England subject to civil penalty notices
(fines) rather than prosecution as criminal offences, and
redefine smoke from private dwellings in smoke control areas in
England as a statutory nuisance.
