Air quality plan delay rejected

2nd May 2017

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Government must now produce its plans to improve air quality ahead of the General Election, the High Court has ruled after the Department for Environment, Food & Rural Affairs sought to delay publication.
 
A draft version of the plan – designed to bring down illegal levels of nitrogen dioxide pollution – was originally due by 24 April.
 
But as TP Weekly News reported last week the Department had applied for a deadline extension in order to comply with ‘purdah’ rules on Government announcements during the pre-election period.
 
This would have seen the draft plan published by 30 June and the final version by 15 September. However on Friday High Court judge Mr Justice Garnham rejected the application and ordered the draft be published after this week’s local elections – by 9 May. The final plans must be released by 31 July.
 
The decision came after the Government’s representative, when pressed by the judge, said he could not guarantee that delaying the plan past the General Election would not affect the implementation of measures to reduce air pollution as soon as possible.
 
The ruling has been welcomed by environmental law firm Client Earth which has brought a number of cases against the Government over its performance on air quality in recent years.
 
The firm’s chief executive James Thornton said: “We are delighted with the ruling. We cannot afford more dither and delay from the Government.
 
“Rather than appeal this decision, they need to get on and produce their plans to bring down air pollution as soon as possible. The judge agreed with us that this is a matter of public health, not politics.”
 
A DEFRA spokesman said the Government is still considering the ruling.
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