Legal Update – Legal Developments affecting the Environment and your Business Claire Wallace, Solicitor Blake Morgan LLP 27 th November

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 27 th November

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 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 27 th November Air Pollution – background

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 27 th November

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 27 th November

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 th November

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 27 th November

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 27 th November Right of appeal – enforcement notices

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, th November

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 th November