How the Environment Acts 2021 & 1995 and Air Quality Action Plans fit together

 HMG tells us that the Environment Act 2021 strengthen rules that AQAPs prepared……. “to ensure local authority will exercise its functions in order to secure that air quality objectives are achieved (i.e. reduce to legal levels). The AQAPs must set out the measures that will be taken and must specify a date by when each measure will be carried out.”

Basics pasted from the legislation:

 Section 83 of the Environment Act 1995 requires local authorities to designate an Air Quality Management Area (AQMA) where air quality objectives are not being achieved, or are not likely to be achieved, as set out in the Air Quality (England) Regulations 2000. Once the area has been designated, Section 83A requires the local authority to develop an AQAP detailing remedial measures to tackle the problem within the AQMA.  (AQMAs were identified in Ipswich in 2006).

Local Authorities should produce their AQAP within 18 months of an AQMA being declared, setting out effective, measurable, proportionate, and feasible measures the LA and their Air Quality Partners intend to secure that air quality objectives are met. (AQAP was produced but without the plan to reduce air pollution to legal levels. No measurable action has been taken to reduce air pollution to legal levels in 16 years. None are planned).

Part IV (Sections 80 to 91) and Schedule 11 of the Environment Act sets out the legal obligations on local authorities in relation to LAQM 10. The Environment Act 2021 amends Part IV of the Act to clarify duties and enable greater cooperation between different levels of local government, neighbouring authorities, and other relevant public authorities in the preparation of AQAPs so that a more strategic view is taken in respect of the achievement of air quality objectives.

Ipswich Borough Council (IBC) and Suffolk County Council (SCC) obligations under the Environment Act. Extracts from LAQM below

In Two-Tier Authorities there are obligations on both district and county councils within Part IV of the Environment Act 1995. The Environment Act 2021 ensures that responsibility for solutions to poor air quality is shared across local government.

 Key functions (relating to the assessment of local air quality, designation of an AQMA and preparation of an AQAP) remain with IBC. Under the changes introduced through the Environment Act 2021, IBC will be required to coordinate action across local government structures and public authorities.

Chapter 3 Role of SCC and IBC

Under section 83 – IBC required to designate an AQMA when the review and assessment that it has carried out indicates that any air quality objectives are not being, or are not likely to be, achieved.

Under Section 83 – IBC required to identify sources of emissions responsible for any failure to achieve air quality standards or objectives and identify and inform the local or public authorities responsible for the emissions.

Under section 83A, as amended by the Deregulation Act 2015 - Part 4 of Schedule 13, once an AQMA has been designated IBC should prepare an AQAP that sets out how it will achieve the air quality standards or objectives for the area that it covers. The district council should provide information on the timescales for the achievement of measures.

Engagement with the county council should take place at the start of the process. In reviewing and assessing air quality in a local authority area or preparing an AQAP IBC should consider any recommendations made to it by the county council in respect of the areas of responsibility falling to IBC.

The County Council will be required to commit to appropriate actions the county council will take to secure that air quality objectives are achieved. The AQAP will be a collaborative plan reflecting the need for (IBC and SCC) to work together to reduce pollution.

SCC have obligations under LAQM to proactively engage with IBC as soon as an air quality issue is identified.

SCC were already required under the Environment Act 1995 to collaborate with IBC on air quality. We have strengthened this requirement through the Environment Act 2021 making the wording clearer to avoid ambiguity.

If informed by IBC of its intention to prepare an AQAP, SCC must propose specific measures it will take to help secure the achievement and maintenance of air quality standards and objectives in IBC area, including target dates by which the measures should be carried out. IBC should incorporate county council proposals and dates in their AQAP.

SCC have a duty to support district councils to carry out their functions by providing details on planned action at county level that could impact air quality (e.g. transport plans) and proposing actions they could take using powers and levers available to them.

The Environment Act 1995 requires SCC to provide IBC with proposals for particular measures it will take to contribute to the achievement and maintenance of Air Quality Objectives, including a date by which each measure will be carried out. SCC must deliver the actions they are responsible for as set out in the AQAPs, to the timescales defined. Provide assistance to IBC to coordinate action across neighbouring local authorities and with other public bodies.

There is very strong evidence on the significant contribution of transport emissions to air pollution in urban areas and the legislation requires SCC to bring forward measures in relation to addressing the transport impacts for inclusion in any AQAP.

 Chapter 6: Consultation and Community Engagement

Public access to local air quality information

6.1 Following the inquest into the death of Ella Roberta Adoo-Kissi-Debrah, on 21st April 2021 the Coroner published his Prevention of Future Deaths Report in which he raised low public awareness of information on air quality as an area of concern. We share the Coroner’s concern that whilst a range of information on air quality is available and promoted, there is a need to increase public awareness and support individuals to reduce their personal exposure to air pollution.

6.2 Local authorities are encouraged to provide local communities with clear, accurate and timely information about local air quality that enables them to understand the local problem and make conscious choices - adapting their day-to-day behaviour if at risk of regular exposure to pollutant exceedances.

6.3 Members of the public have a right to know the state of air quality in their area, even when there is full compliance with the local air quality objectives

Communicating advice

Communicating with the public, local authorities should make communications as meaningful and practical as possible, offering advice and ideas for changes that can be made. Local Authorities may wish to consider providing details on various options people could take, with individuals then picking the one that fits with their own experience and circumstance.

·      Local authorities should consider working with trusted messengers; that is those who have strong bonds with local communities and have built up trust over time.

·      Local authorities well as communicating advice to the public, advice should be given to those who have an important wider role within individuals lives, for example, landlords, employers, builders, faith groups and community representatives.

·      Tie in messaging about co-benefits e.g. financial savings, improved safety, reducing health and climate change impact.

Local authorities should consider the broadest range of options for communicating advice potentially including:

·      Healthcare settings (GP, pharmacy, etc.)

·      Schools, Colleges, Universities

·      Transport hubs

·      Workplaces

·      Advertising (newspapers, billboards, social media, etc.)

·      Supermarkets, high streets, shopping centres

·      Sports venues, leisure centres, gyms, swimming pools, wellbeing centres

·      Places of worship

·      Community centres

 6.4 The Air Quality Grant Scheme encourages applications for projects that enhance community engagement and in 2022 awarded over £1m of funding to projects that improve knowledge and information about air quality and steps individuals can take to reduce their exposure to air pollution. Case studies for the Air Quality Grant are published on the Air Quality Hub 21 following completion of the project.

6.5 Local Authority websites can provide a wealth of air quality information for the public. It is recommended where possible to have an Air Quality page rather than Air Quality being part of a page with information on a broader range of topics. The page should include some information for the public on means of reducing emissions, easy access to information on any AQMA’s and any AQAP should be provided. Access should also be provided to ideally at least the last three ASRs wherever possible.

Community engagement

6.6 Involving local communities and neighbourhood groups in local air quality will widen the understanding of air quality issues associated with public health and can increase community trust and understanding of need to take local action. Localised air pollution hotspots are a potential focal point for measures to encourage community engagement and ownership, and many local authorities are already looking at ways of involving local communities in decision-making on how these are addressed.

6.7 It is important to ensure decision‑making groups include members of the local community who reflect the diversity of that community, those most impacted by poor air quality and by potential measures to improve it. Local authorities are encouraged to involve local communities from the outset of the development of an AQAP and should not wait until the plan exists in draft form before seeking their input. A principle guiding community engagement is to ensure that those who will be affected have a genuine opportunity to have their constructive ideas, as well as their opinions taken on board and input into the future shape of their local area.

6.8 Engagement must include the ‘lived experience’ of those particularly at risk or living in areas of high population and of deprivation or inequity, with these voices at the centre of decision making. Understanding individual context, particularly barriers, unintended consequences, and limitations that people have in changing lifestyles or behaviours is essential.

6.9 Good public engagement should draw upon an assortment of different approaches, using materials from other successful strategies to build a coordinated suite of multimedia initiatives, with support from communications and behaviour change experts and commitment from a range of actors, e.g. national and local government, public health, public transport providers, businesses and schools.

MORE INFORMATION ON IPSWICH AIR POLLUTION AND LEGAL REQUIREMENTS