Environment department Defra has announced plans to require National Highways to collaborate with local authorities to take action to improve local air quality.
The proposals would designate National Highways as a relevant public authority on local air quality issues while new statutory guidance would set out how local authorities and the government-owned company should work together within the Local Air Quality Management Framework in England.
Defra officials said: 'Local authorities have told us that the absence of a legislative requirement to ensure cooperation from partners is often a barrier to securing meaningful local action to improve ambient air quality and successful implementation of Air Quality Action Plans (AQAPs).
'We propose to use new powers within the Environment Act 2021 to require National Highways to work with local authorities where this is necessary to reduce local pollution concentrations where these are likely to breach compliance levels.'
Defra highlighted that in the Environment Act 2021, the department amended the Environment Act 1995 to strengthen the requirement for AQAPs so that these must show how the measures in the plan will meet air quality objectives.
However, 'strengthening of the legal requirement for AQAPs can only lead to the improvements needed if relevant partners commit to actions alongside local authorities' the consultation document said.
The Environment Act gives the environment secretary a new power to designate bodies, following consultation, that 'have a duty to co-operate to support the development of local authority action plans where they have been identified by a local authority as being responsible for a source of pollution contributing to a local air quality problem'.
The Air Quality Partner must then provide details of the actions it will take to reduce its contribution to a local air quality problem.
However, the partner has the right to reject requests from local authorities if deemed 'unreasonable' on grounds of disproportionate cost, feasibility, relevance, or incompatibility with the air quality partners’ legal obligation.
'The most appropriate measures available to National Highways include speed limits and traffic management measures,' Defra said.
In the case of a dispute, an appeal would have to be lodged with the environment secretary.
National Highways already works with councils and 43 AQMAs have been identified as being caused by emissions from vehicles using the strategic road network (SRN) and would be the first designated body.
This consultation will close on 6 June 2022.
