Consultation outcome

Summary of responses and government response

Updated 18 August 2022

Executive summary

The Environment Act 1995 sets out the duties of local authorities (LAs) and others under the Local Air Quality Management framework (LAQM). Local authorities do not have all the powers necessary to secure local improvements, for example where air pollution originates from a source outside of their sphere of influence. Local authorities need to successfully engage partners if they are to meet local air quality objectives. Whilst there are some good examples of local collaboration with other public authorities, including with National Highways (NH), this needs to be more consistent.

Through a public consultation, we sought views on the proposal to designate National Highways as a relevant public authority (RPA) under Part IV of the Environment Act 1995 as amended by the Environment Act 2021. As a designated relevant public authority NH would be required to collaborate with LAs to take action to improve local air quality where appropriate.

We also asked for your views on our:

• assessment of costs and burdens for this designation of NH
• proposed statutory guidance setting out how LA and NH should work together within the local air quality management framework in England

The consultation was launched on 28 March 2022 and ran for ten weeks, closing on 6 June 2022.

Key findings of the consultation are summarised below:

• there is strong support for the designation of NH as an RPA across all respondents and particularly among LAs
• where air pollution originates from a source within NH’s control, a duty for NH to act would improve collaboration on local air quality management

This document summarises the responses received and the actions government will take in light of these responses. A concurrent consultation on the review of the Local Air Quality Management Policy Guidance also took place. The response to this consultation is considered separately.

Overview of the respondents

A total of 63 responses were received, 58 of which were submitted via the Citizen Space website and 5 via email. Not all responses directly answered the consultation questions.

We have taken on board all responses; however, this accounts for why some questions did not receive a 100% response rate.

Responses by sector

Of the 62 responses:

• 35 were from LAs or associated bodies
• 4 from industry or professional associations or bodies
• 8 from individuals
• 6 from environmental campaign groups

9 responses were received from other types of organisations which included community groups and academic institutions.

Summary of responses

A total of 9 questions were asked and we are grateful to everyone who took the time to respond and share their views and suggestions. This document highlights the main issues raised but is not an exhaustive commentary on every response received. Our response to this consultation draws on our analysis of the consultation responses.

Questions 1 to 4 in the consultation collected information on name, contact details and organisation and whether the response provided should be treated as confidential.

Question 5

‘Do you agree or disagree with the proposal to designate National Highways as a ‘Relevant Public Authority’? Please set out any evidence you wish to provide in support of your answer to question 5.’

All respondents answered this question:

• 87% strongly agreed
• 8% somewhat agreed
• 2% were neutral
• 3% strongly disagreed

Of those that provided evidence to support their response to question 5, the majority felt that the designation of NH would ensure a more joined up and consistent approach across LAs and all levels of government. A similar number of respondents commented that the obligation for NH to play a key role in local air quality management would be helpful in ensuring engagement.

Approximately a fifth of respondents, the majority of whom were from LAs, provided specific examples of Air Quality Management Areas (AQMAs) designated as a result of pollution from a road under the sole responsibility of NH. Actions that would have a significant impact on emissions fall within the jurisdiction of NH. Consequently, the LA’s capacity to affect meaningful change in these circumstances is limited. The quality of collaboration between different LAs and NH on such AQMAs to date was reported as inconsistent. Most LAs felt that a duty for NH to act and work collaboratively with them would improve local air quality in these AQMAs.

A small minority of respondents said they were against the designation of NH as an RPA or expressed that there would be no added benefit in doing so. More specifically, one respondent felt that the designation would not significantly change the existing working relationship between NH and LAs. Another felt that the proposal unfairly targeted road users. A few respondents said that greater accountability was needed around the performance of all the organisations involved in local air quality management for there to be meaningful improvements in air quality.

Government response

There is strong support for the designation of NH as an RPA across all respondents and particularly among LAs. Whilst there are examples of good local collaboration with NH, we are confident that our proposal will help to ensure more consistent cooperation between parties on a national scale. We therefore intend to designate NH as an RPA.

Question 6

‘Do you agree or disagree that designating National Highways as a ‘Relevant Air Public Authority’ would increase the effectiveness of local air quality management?’

Of those that responded:

• 68% strongly agreed
• 20% somewhat agreed
• 5% neutral
• 5% somewhat disagreed
• 2% strongly disagreed

Among those who responded to the question, there was strong, broad agreement that local air quality management would benefit from the designation of NH as an RPA and be more effective overall.

Question 7

‘What do you think of the draft statutory guidance ‘working with National Highways’? Please set out any comments or suggested improvements you think we should consider.’

Of those that responded to this question, the majority felt that the guidance was reasonable and clear and that it would help to ensure consistent national implementation. The introduction of a point of contact in NH for air quality was also welcomed.

The most common recommendation offered to improve the statutory guidance was to include more ambitious measures that NH could take to improve air quality. Specifically, measures that improve conditions for active travel, with greater consideration to their costs and co-benefits for public health and climate change mitigation.

Six responses included concerns about the terminology used within the dispute resolution section of the draft guidance. Specifically, that the terms ‘disproportionality onerous or expensive’, used in relation to air quality actions, could be interpreted differently. Suggestions were made to provide additional guidance and clarity. A few respondents also suggested that disputes between LAs and NH should be managed by an impartial body, as opposed to the Secretaries of State for Defra and the Department for Transport, as set out in the draft guidance.

Five respondents suggested that the duty on RPAs should be to prevent exceedances and that collaborative working on local air quality management should be extended to include more parties. For example, town planning and combined authorities.

Other recommendations that were mentioned across a smaller number of responses included a proposal to specify a timescale for contributions and an indication that more resource would be needed for NH to comply in a timely manner.

Government response

The measures included in the draft statutory guidance are examples of the most likely measures to be implemented by NH. NH continue to explore new and emerging technologies and ideas which could be useful in tackling air quality. The action taken will be dependent on the local situation and the outcome of potential feasibility studies to be carried out by NH.

The Secretaries of State for Defra and the Department for Transport retain the legal responsibility for the policy area and are therefore best placed to manage disputes that may arise in this case. The guidance on dispute resolution will be periodically updated to address any emerging issues.

Question 8

‘Do you agree or disagree with our assessment of impacts set out in the Regulatory Triage Assessment document? Please set out your reasons for agreement/disagreement.’

The majority of respondents who answered this question supported our assessment of impacts. Of the three respondents who disagreed, their reason for taking this position was mixed. Some suggested that the costs associated with the designation were underestimated, while others felt that that the benefits of traffic reducing measures were undervalued.

Many respondents recommended that a longer menu of measures that NH could take to improve local air quality should be included in the assessment. And that overall the assessment would be strengthened with greater consideration of the wider benefits of traffic reduction. For example, reduction in carbon emissions and road safety.

A need for additional and sufficient funding both for LAs and NH in order to successfully resource and deliver local air quality management was mentioned by four respondents.

A minority of respondents who replied to this section of the consultation also suggested that the impact of PM2.5 should also be considered in this assessment, actions taken to improve air quality must not displace traffic, and that Defra and NH should ensure a consistent national approach to local air quality management across LAs.

Government response

The designation mandates a collaborative response to exceedances of local air quality objectives between LAs and NH. Therefore it is expected that parties will work together to ensure that the measures taken to address an existing air quality issue do not unreasonably create a pollution problem elsewhere. Defra and the Department for Transport would look to keep the implementation of the designation under review and work with all parties to facilitate effective delivery of local air quality management.

As mentioned above, the measures included in the Regulatory Triage Assessment are examples of the most likely measures to be implemented by NH. The precise action taken will be dependent on the local situation and the outcome of potential assessments or feasibility studies to be carried out by NH. For this reason, the costs and co-benefits of measures per location cannot be easily estimated at this stage.

In March 2022 we awarded over £11.6 million through the Air Quality Grant Scheme to LAs for 40 projects. The scheme will reopen for applications later this year, building on more than £38 million investment so far since 2010.

We are considering the role and responsibilities local authorities will have in reducing PM2.5 in their areas through the National Air Quality Strategy review. We will be publishing a revised Strategy in 2023, in line with commitments in the Environment Act 2021.

Question 9

‘Do you have any further comments or views on the designation of National Highways as a Relevant Public Authority?’

Many of the LAs that replied to this question showed support for the designation of NH as an RPA and felt it would help to improve and prioritise local air quality management. However, a few respondents from industry expressed concern that the designation will have little impact on local air quality in practice or that it was not necessary.

Improving monitoring capacity and ensuring NH’s monitoring data is freely accessible were frequent recommendations among the responses. Some respondents called for consideration of successful international case studies and a more experimental approach to local air quality management in general.

Government response

Defra’s national air pollution monitoring network, the Automatic Urban and Rural Network (AURN), measures air pollutant concentrations at 171 sites across the UK and this information is communicated to the public in near real-time on the UK-Air website.

Defra have been working to bring monitoring data from locally managed automatic monitoring networks onto UK-Air. Around 80% of automatic data from air quality monitoring networks managed by the majority of local authorities is now available on UK-Air. Users can access the local automatic data in the same way they can Defra’s national data, for example using the data download service or looking at site locations on a network map. To facilitate locally managed data sharing with UK-AIR further, a dedicated Application Programming Interface (API) for this service has been established. This new service brings together national and local data sources, which have historically been managed and published separately, to one place, and enables interested parties to rapidly review locally managed monitoring.

The draft statutory guidance ‘working with National Highways’, states that LAs and NH should provide any relevant modelling and / or monitoring data in the event that transport on the strategic road network is identified as contributing to an exceedance, or likely exceedance.

Additionally, the government’s Air Quality Grant is available to help English councils invest in projects that reduce the impact of polluted air on people’s health, including investment in local air quality monitoring and innovative approaches to local air quality management.

Those working in the field of local air quality management are strongly encouraged to share knowledge and resources through the Air Quality Hub, a free online platform for information exchange developed by the Low Emission Partnership. The Hub includes a growing library of relevant case studies and a forum for direct peer to peer communication.

Next steps

Across the responses to this consultation, there is strong consensus that the designation of NH as an RPA will ensure a consistent approach to collaborative working and by incorporating the need for joint working into the legal framework of the LAQM, the effectiveness of local measures will be strengthened, and local air quality will be improved. Therefore, in line with the views of a considerable majority, we intend to progress with the designation of NH as an RPA.

We aim to lay the Statutory Instrument in autumn 2022, allowing for the legislation to be in force before the end of 2022.

Annex A - list of organisations

The following organisations responded to the consultation (the list does not include individuals or those that requested their response be treated in confidence):

• Action for Yorkshire Transport
• Adur & Worthing Councils
• Basingstoke Council
• Bath & North East Somerset Council
• Brighton & Hove City Council
• Buckinghamshire Council
• Chartered Institute of Environmental Health
• Cornwall Animal Welfare
• Cornwall Council
• Doncaster Council
• Dorset Council
• East Suffolk Council
• Environmental Protection UK
• Hambleton District Council
• Hampshire County Council
• Hertfordshire and Befordshire and Neighbouring Authorities Air Quality Forum
• Hinkley and Bosworth Borough Council
• Kingston upon Hull City Council
• London Borough of Enfield
• Ludgvan Parish Council
• National Highways
• New Civil Engineer
• Oxfordshire County Council
• Portsmouth City Council
• Road Haulage Association
• Royal Borough of Windsor and Maidenhead
• Sandwell Metropolitan Borough Council
• Solihull Council
• South Oxfordshire and Vale of White Horse District Councils
• St Albans District Council
• Sussex-air
• Thames Crossing Action Group
• The Association of Directors of Environment, Economy, Planning & Transport (ADEPT)
• Thurrock Council
• Transport Action Network
• Transport for West Midlands
• University of Birmingham
• UWE Bristol
• Waverley Borough Council
• Wheelwright and Tyburn Residents Group