Legal Update Legal Developments affecting the Environment and

Legal Update – Legal Developments affecting the Environment and your Business Claire Wallace, Solicitor Blake Morgan LLP 27 th November 2015 1

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 Client. Earth • UK currently in breach of Ambient Air Quality Directive 2008 • European Commission taking own infringement action against UK 27 th November 2015 2

Air Pollution – background • By July 2015, 12 hotspots in London had breached air pollution (nitrogen dioxide – NO 2) 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 2015. By July 2015 Oxford Street had exceeded its legal limit 1, 048 times • Deaths from NO 2 related illnesses estimated at 23, 500 per annum in UK 27 th November 2015 3

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 Mc. Cracken QC, has been asked to provide advice to NGO Clean Air in London (“CAL”) on this issue 27 th November 2015 4

Air pollution – planning application • Mr Mc. Cracken: “planning applications which would result in, or worsen, a breach of the air quality limits must be refused” • Mr Mc. Cracken: ‘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 2015 5

Air pollution • Mr Mc. Cracken 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 2015. 27 th November 2015 6

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 2015 7

Right of appeal – enforcement notices • 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 2015 8

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, 000 27 th November 2015 9

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 2020 27 th November 2015 10