Air Quality

Overview

Barristers are regularly instructed to advise and represent the Government, developers, local authorities, NGOs and third parties throughout England, Wales and Northern Ireland, and have appeared in many of the most important cases of recent years; often on both sides. Barristers with experience in air quality matters span a broad range of seniority. Landmark’s practice managers will be happy to assist in providing a recommendation of appropriate counsel.

Particularly significant recent court decisions in which Landmark barristers have been involved include:

• The High Court decision in R (Richards) v Environment Agency [2022] EWCA Civ 26 on the scope of the Environment Agency’s duties to prevent the public’s exposure to dangerous pollutants in breach of human rights legislation.
• The Court of Appeal decision in R (Gladman Developments Ltd) v Secretary of State for Communities and Local Government [2019] EWCA Civ 1543 on the relevance of air quality to individual development consent.
• The Court of Appeal decision in R (Shirley) v Secretary of State for Communities and Local Government [2019] EWCA Civ 22 on the Secretary of State’s duties in considering to call-in an application potentially having a significant impact on a nearby AQMA.
• The Court of Appeal decisions in Wealden DC v Secretary of State for Communities and Local Government [2017] EWCA Civ 39 and the subsequent decision of the High Court in [2017] EWHC 351 on the approach to and mitigation of nitrogen deposition on sensitive heathland as a result of increases in road traffic
• The decisions in the Client Earth litigation challenging the UK’s air quality plans.

Landmark barristers have acted and continue to advise and act in relation to many of the biggest infrastructure projects raising air quality issues, including:

• The Aquind Interconnector
• Gatwick Airport Second Runway
• National Highways schemes including A303, A12 widening scheme and the A66
• High Speed Two
• Crossrail (the Elizabeth Line).

Members also regularly appear at planning inquiries and public examinations of development plan documents. In both of those forums air quality, and the related issue of climate change, is an increasingly significant issue which Landmark counsel are uniquely well-placed to address.