High Court rejects government’s attempt to delay publication of Air Quality Plan

High Court rejects government’s attempt to delay publication of Air Quality Plan


CategoryNews Author Stephen Tromans QC, Philippa Jackson, Rose Grogan Date

Garnham J has dismissed the Government’s application to delay publication of the draft Air Quality Plan (AQP) until after the General Election because of “purdah” restrictions imposed in the run up to the election.

In November 2016, the High Court held that the AQP failed to comply with article 23(1) of the Air Quality Directive (2008/50/EC) and the Air Quality Standards Regulations 2010 and ordered the Government to publish a compliant AQP by 24 April 2017. Dismissing the government’s application to vary the timescales imposed by the Order, Garnham J held that the Government remained in breach of the Directive and the Regulations and that any continued delay would lead to a continued and serious threat to public health. Consequently, he ordered the Government to publish the draft Plan by 9th May 2017 and to publish the final version of the AQP by 31st July 2017 in accordance with the original court order.

Philippa Jackson acted for the Mayor of London.

Stephen Tromans QC and Rose Grogan acted for the Mayor in the original judicial review challenge (ClientEarth (No2) v Secretary of State for the Environment, Food and Rural Affairs & Ors [2016] EWHC 2740 (Admin).

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