Expert opinion from QC on air quality law and planning decisions

On behalf of its client Clean Air in London (“CAL”), Harrison Grant has obtained leading counsel’s opinion on air quality law and planning.

CAL campaigns for compliance with World Health Organisation guidelines for air quality throughout London and elsewhere. CAL was becoming increasingly concerned that planning decisions were being taken without proper regard to the Air Quality Directive 2008/50/EC.

The advice to CAL from Robert McCracken QC is that:

* Planning authorities have a duty in their decision making to achieve compliance with the Directive’s limit values for pollutants;
* Where a development would cause a breach in the locality of the development planning authorities should refuse permission
* Where a development would make a breach significantly worse permission should also be refused.

The opinion is published on CAL’s website, CALQC