Consultation outcome

Summary of responses and government response

Updated 18 August 2022

The Local Air Quality Management (LAQM) statutory guidance sets out what local authorities should do and the legal duties with which they must comply under Part IV of the Environment Act 1995 as amended by the Environment Act 2021, to improve local air quality.

The guidance was last published in 2016 and this review presented proposals to strengthen the LAQM framework to enable local authorities to take more effective, co-ordinated actions to achieve their air quality objectives and deliver improvements to public health. The review also proposed the introduction of new areas for local authority consideration which reflect new research, policies and priorities in the field of local air quality.

A public consultation was undertaken to ensure that the views of those impacted by changes are taken into consideration. As part of the legislative changes introduced by the Environment Act 2021, a concurrent consultation on the designation of National Highways as a Relevant Public Authority took place. The response to this consultation is considered separately.

The consultation was launched on the 28 March 2022 and ran for ten weeks, closing on 6 June 2022. This document summarises the responses received and how the government will take forward the guidance in light of these responses.

Overview of the respondents

A total of 168 responses were received, 159 of which were submitted via the Citizen Space website and 9 via email. Of those that responded not all directly answered all the consultation questions, we have taken on board all responses.

Of the 168 responses:

• 76 were from local government
• 51 from individuals
• 8 from community groups
• 5 academic or research institutions
• 3 from charities or social enterprises
• 2 from businesses
• 2 from consultancies
• 1 from a health body
• 1 from a non-governmental organisation

Thirteen responses were received from other types of organisations and respondents. Six respondents did not answer this question.

Summary of responses

A total of 25 questions were asked. We have considered all the responses to this consultation and have made changes to the guidance where appropriate - these changes are set out in our government response below.

Question 1 to question 4 related to the respondents’ details and preferences.

Question 5

‘Do you agree or disagree that authorities who do not need to declare an Air Quality Management Area should be required to produce a local Air Quality Strategy to aid the prevention of future air quality issues and reduce the long-term adverse health impacts associated with exposure to air pollution?’

Response	Percentage of responses
Strongly agree	67%
Somewhat agree	23%
Neither agree or disagree	4%
Somewhat disagree	1%
Strongly disagree	1%
Don’t know / no opinion	0%
Not answered	4%

The majority strongly agreed with the proposed requirement for Local Authorities who do not need to declare an Air Quality Management Area to prepare an Air Quality Strategy.

Government response

The government will introduce through revised statutory guidance a requirement to produce an Air Quality Strategy for those authorities who have no Air Quality Management Areas. These strategies will not have a set format and authorities will be able to draw on content within their Annual Status Reports and local transport plans to produce them.

Question 6

Do you agree or disagree with the introduction of the new reminder and warning letters for local authority air quality reports?

Response	Percentage of responses
Strongly agree	56%
Somewhat agree	26%
Neither agree or disagree	8%
Somewhat disagree	2%
Strongly disagree	2%
Don’t know / no opinion	2%
Not answered	4%

The majority strongly agree with the introduction of new warning and reminder letters for local air quality management.

Government response

In response to the above findings the government will introduce new reminder and warning letters as part of an escalation process aimed at those authorities who fail to submit Annual Status Reports by due deadlines without sufficient reason. We will introduce this within the revised statutory guidance and the new process will take effect from 2023.

Question 7

‘Would you agree or disagree that requiring Directors of Public Health to approve Air Quality Action Plans would increase Public Health engagement in local air quality management?’

Response	Percentage of responses
Strongly agree	59%
Somewhat agree	27%
Neither agree or disagree	7%
Somewhat disagree	2%
Strongly disagree	0%
Don’t know / no opinion	1%
Not answered	4%

The majority strongly agree that requiring Directors of Public Health to approve Air Quality Action Plans would increase public health engagement in air quality management.

Government response

Defra will liaise with the UK Health Security Agency (UKHSA) regarding the role Directors of Public Health should play in considering and approving local authority Annual Status Reports and Air Quality Action Plans. Subject to these discussions we will aim to strengthen our statutory guidance to recommend that Directors of Public Health sign off Annual Status Reports and Air Quality Action Plans.

Question 8

‘How long should local authorities be given to collect additional monitoring or modelling evidence of an exceedance before declaring an Air Quality Management Area?’

Response	Percentage of responses
0 to 6 months	34%
7 to 12 months	31%
13 to 18 months	27%
More than 19 months	2%
Not answered	6%

There was no clear consensus on how long local authorities should be given to collect additional monitoring or modelling evidence of an exceedance before declaring an Air Quality Management Area. Whilst 0 to 6 months was the option chosen by more of the respondents than any other, 7 to 12 months and 13 to 18 months were also strongly supported. A majority of local authorities however indicated that they should be given 13 to 18 months.

Government response

The respondents to the consultation indicated an overall preference of 0 to 6 months. Taking into account the experience of local authorities in carrying out this process, we will include an expectation that a local authority should take no longer than 12 months to collect additional monitoring or modelling evidence of an exceedance before declaring an Air Quality Management Area.

Question 9

‘How long do you think local authorities should be given to produce their Air Quality Action Plans post Air Quality Management Area designation?’

Response	Percentage of responses
0 to 12 months	51%
13 to 18 months	29%
19 to 24 months	12%
More than 25 months	2%
Not answered	6%

The majority of respondents think that local authorities should be given 0 to 12 months to produce their Air Quality Action Plans post Air Quality Management Area designation. Though the majority of local authorities indicated that they should be given 13 to 18 months to produce their plans.

Government response

Taking into account the past experience of local authorities in producing Air Quality Action Plans, we will include in statutory guidance an expectation that local authorities will take no longer than 18 months to prepare their Air Quality Action Plans post the declaration of an Air Quality Management Area.

Question 10

‘Do you agree or disagree that in the future online Air Quality Action Plans, which can be kept up to date, should be made available to the public?’

Response	Percentage of responses
Strongly agree	81%
Somewhat agree	13%
Neither agree or disagree	2%
Somewhat disagree	1%
Strongly disagree	0%
Don’t know / no opinion	0%
Not answered	3%

The majority of respondents strongly agree that in the future online Air Quality Action Plans, which can be kept up to date, should be made available to the public.

Government response

The government recognises the potential value of local authorities being able to easily share new ideas regarding Air Quality Action Plans. The government will include within revised statutory guidance a recommendation that local authorities will keep an online version of their Air Quality Action Plan that can be kept up to date as a resource both for the public and for other local authorities.

Question 11

‘If you have any further comments on the overall Local Air Quality Management process, please add these here.’

Key areas highlighted by respondents included:

• the need to increase the level of contribution and collaboration from Air Quality Partners and other key stakeholder organisations to further improve and speed up the LAQM process
• increasing the level of funding from central government for local authorities carrying out their LAQM duties
• improvements in public facing communications and public engagement on LAQM
• increased air quality monitoring and better dissemination of this data
• ensuring there would be greater accountability around local authority performance on LAQM going forward
• calls for action on specific air pollution sources particularly domestic burning and transport

Government response

The government recognises the need to improve air quality collaboration between public bodies. The Environment Act 2021 introduced a new power to designate ‘Relevant Public Authorities’. Alongside this consultation, the government ran a consultation regarding the designation of National Highways as a relevant public authority.

The guidance will contain a chapter on consultation and community engagement which will provide guidance on communicating air quality information, forming a network, carrying out a consultation and community engagement, including several community engagement case studies.

Greater accountability around local government performance will be brought about through the introduction of reminder and warning letters in relation to local authority air quality reporting requirements - as referenced in the response to question 6.

Work is underway liaising with the Department for Levelling Up, Housing and Communities (DLUHC) to ensure that reforms to the planning system improve air quality. Reforms will ensure air quality content is included that will be beneficial to LAQM in the next iteration of the National Planning Policy Framework and related Planning Practice Guidance note.

Question 12

‘What do you think of the air quality information that is currently available to the public?’

Response	Percentage of responses
Very good	2%
Good	13%
Neither good nor poor	26%
Poor	27%
Very poor	25%
Don’t know / no opinion	3%
No answer	4%

The highest number of respondents thought that this information is poor.

Government response

Defra (with support from the Department of Health and Social Care (DHSC) and UKHSA) is undertaking a comprehensive review of how we communicate air quality information to the public. The process is being guided by a multi-disciplinary steering group comprising specialists in the fields of air quality science, public health, behavioural science and digital communications, along with representatives from vulnerable communities, the public and local government. As part of the review, the steering group will also consider the feedback provided in the consultation responses.

The government has committed to reviewing existing sources of information, including UK Air and the Daily Air Quality Index (DAQI), to ensure members of the public, and vulnerable groups in particular, have what they need to protect themselves and understand their impact on air quality.

Question 13

‘What improvements do you think could be made to air quality communication?’

Many respondents felt there was a need for improved public access to quality monitoring data and proposed the introduction of pollution alert systems via an apps, and/or linking air quality information to weather forecasts. The need for a national communications campaign was highlighted by multiple respondents. A need for a strong public health element and a local authority communications toolkit also raised. Better signposting to air quality information for the public and increased use of all forms of media to disseminate air quality information were raised.

Partner promotion around air quality messaging was highlighted as a key communication route, partners including for example GPs and schools, with some respondents proposing a need to tailor messaging for the vulnerable. More broad community engagement was also raised as a key area with some issue specific communication suggested, such as on domestic burning.

Government response

Under the Clean Air Strategy, we have made a commitment to bring national and local data into a single accessible portal.

Monitoring data from Defra’s national networks, such as the Automatic Urban Rural Network is available on Defra’s 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 are able to access the local automatic data in the same way they can Defra’s national data.

Defra is undertaking a comprehensive review of how we communicate air quality information to the public, with support from DHSC and UKHSA. A multi-disciplinary steering group is guiding the process, comprised of specialists in the fields of air quality science, public health, behavioural science and digital communications, along with representatives from vulnerable communities, the public and local government. The steering group will consider the feedback provided in the consultation responses.

Question 14

‘What barriers or facilitators do you feel there are to local authorities carrying out effective community engagement on air quality issues?’

The key concern raised by almost half of the respondents was around local authority air quality resourcing. Other key responses highlighted concerns around the level of political will for carrying out effective air quality communications and a desire for better coordination on air quality communications from central government.

Some respondents considered that there is a lack of air quality expertise in some local authorities and a sense of apathy among some local authority staff and residents. Public trust in engagement processes was also highlighted as a potential concern, and some felt that those in the most affected communities were the hardest to engage or reach.

The varying division of the responsibilities on air quality across local authorities was also highlighted as problematic, as was the complexity of some air quality information.

Government response

Funded by Defra, the Air Quality Hub is a free online knowledge sharing resource for those working in the field of local air quality management. It has been developed by the Low Emission Partnership and its focus is on facilitating information exchange between local authority professionals.

Within the guidance local authority air quality officers are encouraged to work with public health colleagues to integrate LAQM effectively with other local initiatives aimed at reducing health risks and disparities in affected communities.

The guidance also sets out how local authorities should consider the broadest range of options for communicating advice, in order to increase opportunities to contact those in the community who are hardest to reach.

Defra (with support from DHSC and UKHSA) is undertaking a review of how we communicate air quality information to the public at all levels of government, this feedback will be fed into that review.

Question 15

‘Do you agree or disagree that local authorities should take further targeted measures where areas of both high pollution and high deprivation persist?’

Response	Percentage of responses
Strongly agree	73%
Somewhat agree	19%
Neither agree or disagree	3%
Somewhat disagree	0%
Strongly disagree	1%
Don’t know / no opinion	0%
Not answered	4%

The majority of respondents strongly agreed that local authorities should take further targeted measures where areas of both high pollution and high deprivation persist.

Government response

Vulnerability to the impact of pollution is unevenly experienced by different groups in society. Where possible action needs to be focussed on areas of both high pollution and areas where health disparities exist.

The government will encourage local authority air quality officers to work with public health colleagues to integrate LAQM effectively with other local initiatives aimed at reducing health risks and disparities in affected communities. Local authorities may be able to utilise existing data sets for their administrative areas on health disparities, air quality monitoring and modelling to identify key hotspots for focussed action.

Question 16

‘Though consideration of indoor air quality is not a statutory duty for local authorities, do you think inclusion of information on this topic within the guidance is helpful?’

Response	Percentage of responses
Helpful	80%
Neither helpful nor unhelpful	6%
Unhelpful	7%
Don’t know / no opinion	3%
Not answered	4%

The majority of respondents considered the inclusion of information on indoor air quality, in the guidance helpful.

Government response

The government will include information on indoor air quality in the revised policy guidance.

Question 17

‘If you have any further comments on air quality disparities or the inclusion of information on indoor air quality, please add these here.’

• the majority of respondents showed significant support for indoor air quality guidance although other responses recognised this required LA resource and potential additional powers
• some respondents favoured carrying out of more investigation and monitoring of indoor air quality
• bringing in legal requirements for certain indoor settings (for example for landlords) was supported by some consultees
• thermal efficiency concerns were also raised by some respondents
• a number of respondents highlighted that actions should be focused on those disproportionately affected by poor air quality
• though others highlighted risks of missing some vulnerable groups if deprivation is the main factor considered
• road networks were highlighted as a key concern
• better links between air quality policy and planning, transport and health policy were highlighted
• links to better air quality communications were also noted as important by respondents

Government response

Although not a statutory obligation, new information will be included on indoor air quality in the guidance to aid local authorities in answering some of the public’s questions if posed.

Defra is working with relevant other departments to embed links between LAQM policy, including consideration of disparities, with planning, transport and health policy.

Question 18

‘What actions do you think local authorities could take to help reduce PM2.5 concentrations?’

Almost half of respondents indicated a preference for more action to be taken on domestic burning and almost as many identified road transport related actions such as promoting active travel and improving public transport. Other key areas highlighted include improved public communications on PM2.5, increased action and funding from central government, a local PM2.5 target along with the powers needed for local authorities to achieve compliance.

Several respondents believed that more PM2.5 monitoring was another key area to make progress in, as was increased policy intervention on the planning and construction phases of development and NRMM controls.

Some respondents also suggested providing incentives for businesses and the public to reduce their PM2.5 emissions.

Government response

Through seeking to designate National Highways as a ‘Relevant Public Authority’ we hope to aid local authorities in taking transport related actions in relation to the Strategic Road Network. Work is underway liaising with the DLUHC to ensure more air quality content is included that will be beneficial to LAQM in the next iteration of the National Planning Policy Framework.

The government will be expanding the PM2.5 monitoring network over the next 2 years to better assess exposure reduction and potential elevated concentrations. This expanded network will be more representative of populations and where ‘hot-spots’ of PM2.5 are identified.

Schemes exist in the UK that encourage developers who are using NRMM to register compliant equipment. Under these schemes local authorities inspect sites for compliance and provide recommendations to remedy any non-compliance. They should also apply minimum standards to NRMM contracts at tender.

Question 19

‘Though consideration of ammonia is not a statutory duty for local authorities do you think inclusion of information on this pollutant, (particularly as a precursor to PM2.5) within the guidance is helpful?’

Response	Percentage of responses
Helpful	82%
Neither helpful nor unhelpful	9%
Unhelpful	1%
Don’t know / no opinion	3%
Not answered	5%

The majority of respondents thought that consideration of ammonia within the guidance is helpful.

Government response

The government will include information on ammonia in the guidance.

Question 20

‘What barriers are there are to getting an Air Quality Supplementary Planning Document in place locally, if any?’

Responses suggested common barriers to getting an Air Quality Supplementary Planning Document in place locally, including time and staff resource. Lack of support from planning departments was another key perceived barrier.

Concerns around the application of air quality impact assessment techniques were also raised alongside strengthening air quality information in the National Planning Policy Framework. Insufficient air quality monitoring data was also flagged as an issue by some respondents.

Government response

Work is underway liaising with DLUHC to ensure more air quality content beneficial to LAQM is in the next iteration of the National Planning Policy Framework. Raising the profile of air quality considerations within this document should help to ensure support from planning departments in getting an Air Quality Supplementary Planning Document in place.

Around 80% of automatic data from air quality monitoring networks managed by the majority of local authorities is now available on Defra’s UK-Air website. Users are able to access the local automatic data in the same way they can Defra’s national data. The government will also be expanding the PM2.5 monitoring network over the next 2 years to better assess exposure reduction and potential elevated concentrations.

Question 21

‘What are the barriers to local authority air quality and climate change officers working together, if any?’

Respondents identified a key barrier to local authority air quality and climate change officers working together to be a lack of resources. A strategic communications lead on air quality and climate change from central government was identified as important by several respondents.

Respondents also reported a silo approach to the topics in some local authorities, also differences in the political weight for each topic and differences in the approach of different councils.

Though several respondents reported no barriers to joint working between air quality and climate change officers, further reporting in some authorities these members of staff are in the same team or are the same person. While others noted that many authorities do not have a dedicated officer dealing with either climate change or air quality.

Government response

Over £11.6m was awarded to local authorities in March 2022 for 40 projects through the Air Quality Grant Scheme. In line with commitments in the Environment Act 2021, Defra is currently reviewing the national Air Quality Strategy and will be publishing a revised Strategy in 2023. A key objective of this review will be to develop a strong support and capability-building framework to ensure local authorities have the necessary tools to take local action. This work also aims to improve and increase joined up working between and within local authorities as well as providing a more efficient way of carrying out their air quality or climate change role.

Question 22

‘Do you think that local authorities should be compliant with their Local Air Quality Management reporting duties to be able to apply for government grant funding on air quality?’

Response	Percentage of responses
Yes	59%
No	26%
Don’t know / no opinion	10%
Not answered	5%

The majority of respondents thought that local authorities should be compliant with their LAQM reporting duties to be able to apply for government grant funding on air quality.

Government response

Local authorities are encouraged to submit applications for projects that contain measures relating to their Local Air Quality Action Plans to help deliver compliance in areas of current and projected exceedance of air pollution standards and objectives. Failure to provide information in accordance with the LAQM reporting requirements may adversely affect the ability to gain funding through the grant.

Question 23

‘Do you think local authorities should provide outcome summaries for grant funded projects on the Air Quality Hub to support building capacity?’

Response	Percentage of responses
Yes	82%
No	1%
Don’t know / no opinion	11%
Not answered	6%

The majority of respondents agreed that local authorities should provide outcome summaries for grant funded projects on the Air Quality Hub to support building capacity.

Government response

As referenced in question 14, the Hub includes a growing library of relevant case studies and a forum for direct peer to peer communication.

All local authorities in receipt of Defra’s Air Quality Grant are required to provide a summary final report of the project for inclusion on the Air Quality Hub.

Question 24

‘Do you think local authority air quality data should be shared with the public through the Local Air Quality Management dashboard?’

Response	Percentage of responses
Yes	88%
No	3%
Don’t know / no opinion	4%
Not answered	5%

The majority of respondents thought that local authority air quality data should be shared with the public through the LAQM dashboard.

Government response

The LAQM dashboard has been developed to provide an interactive summary of local air quality within individual local authorities and enable electronic capture of diffusion tube data.

A major overhaul of the UK-Air website and other Air Quality Web services is well underway. This will deliver a simplified holistic service for all users. Our aim is to complete the whole web system by 2024/2025.

The action we are taking to improve our services will support people across the nation to better understand how air pollution impacts them, and what they can do to protect themselves and others.

Question 25

‘Do you have any further comments on the proposed changes to the Local Air Quality Management guidance?’

Respondents’ key concern for the LAQM process was around local authority resources / funding. Other priorities included ensuring a greater role for central government going forward. Availability and accessibility of air quality data, ambitious targets and good air quality communications for the public were all key themes.

Issues around data availability and consistency were also noted by respondents. Some support for new powers for local authorities and more community engagement were noted.

Government response

A number of funding streams are available to local authorities towards measures that improve local air quality, including Defra’s Air Quality Grant as well as funding from the Department for Transport for a number of transport measures.

The government has committed to reviewing existing sources of information, including UK Air and the DAQI, to include more specific messaging for different population groups.

Ambitious national targets on particulate matter are currently going through their public consultation process. Work to develop any potential contribution that local authorities may make locally towards meeting these national targets is underway in collaboration with local authorities.

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
• Air Quality Management Resource Centre
• AKT II
• Amber Valley Borough Council
• Basingstoke and Deane Borough Council
• Bath and North East Somerset Council
• Birmingham City Council
• Borough Council of Kings Lynn & West Norfolk
• Bradford City Council
• Braintree District Council
• Brighton and Hove City Council
• Bristol City Council
• Buckinghamshire Council
• Bus Users UK
• Camfil
• Chartered Institute of Environmental Health
• Chester West and Chester Council
• City of London
• City of York Council
• Clean Air Cambridge
• Clean Air in London
• clearSkies
• Dacorum Borough Council
• Department for Education
• Derbyshire County Council
• Doncaster Council
• Dorset Council
• DPD group UK
• East Suffolk Council
• Elmbridge Borough Council
• Environmental Protection UK
• Epping Forest District Council
• Exeter City Council
• Gravity Air Ltd
• Green Nuneaton
• GreenNet
• Hambleton District Council
• Hampshire County Council
• Highgate Society
• Hinckley and Bosworth Borough Council
• Hull City Council
• Kent County Council
• Lancaster City Council
• Leeds City Council
• Leicestershire Council
• London Borough of Camden
• London Borough of Enfield
• London Borough of Southwark
• Medway Council
• Norfolk Council
• Nottingham City Council
• Oxford City Council
• Oxfordshire County Council
• Phlorum
• Portsmouth City Council
• Redcar & Cleveland Borough Council
• Royal Borough of Windsor and Maidenhead
• Solihull Council
• South Gloucestershire Council
• South Kesteven Council
• South Oxfordshire and Vale of White Horse District Councils
• St Albans Council
• Stafford Borough Council
• Stove Industry Alliance
• Sussex-Air
• The Road Haulage Association (RHA)
• Trafford Council
• University of Birmingham
• University of Manchester
• University of Southampton
• Warrington Borough Council
• Waverley Borough Council
• West Berkshire Council
• West Sussex County Council
• Westhay
• Winchester City Council
• Wirral Borough Council