Article

Air Quality Directive impact on planning

 

By Stuart Cleak

A review of a recent court of appeal decision by my colleague Suzanne Walford and what impact the Air Quality Directive has on planning matters. 

In conclusion, compliance with AQD "limit values" is a material consideration in planning decisions but the case law does not suggest that Member States are obliged to exercise planning powers and duties in a particular way such as imposing a moratorium on grants of planning permission for particular forms of development, or development of a particular scale, the effect of which is known to perpetuate or increase exceedances of "limit values", or by ensuring that decisions on such proposals are taken only at ministerial level. However, this is yet to be tested in the courts.
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