Local government air quality responsibilities

Air quality is a devolved subject, and this briefing focuses on the legislation and policy that applies to England. While links to information about responsibilities in other parts of the UK are provided, Members and their staff can contact the Library directly for more information about those areas.

Air quality standards and targets

There are various legislative targets relating to outdoor air pollutants that are relevant to local authority responsibilities on air quality.

The Environmental Targets (Fine Particulate Matter) (England) Regulations 2023 (SI 2023/96) set two long-term targets in relation to fine particulate matter (PM2.5) which must be met by 2040. The first target aims to reduce PM2.5 in locations with the highest concentrations, called the annual mean concentration target. The second target aims to reduce average exposure to PM2.5 across the country, called the population exposure reduction target.

The Air Quality Standards Regulations 2010 (as amended) set limits for ambient air quality (the air that surrounds us). Limit values are legally binding parameters that must not be exceeded. The regulations set limit values for several pollutants, including nitrogen dioxide (NO2), particulate matter and ozone.

Part IV of the Environment Act 1995 requires local authorities to regularly review and assess air quality within their areas. This involves comparing the measured or predicted pollutant levels against national air quality standards and objectives prescribed in regulations for the purpose of local air quality management (LAQM). The schedule of the Air Quality (England) Regulations 2000, as amended, sets air quality objectives that are applicable to local air quality management in England.

Local air quality management regime (LAQM)

Local air quality management (LAQM) is a statutory process through which local authorities monitor, assess, and act to improve local air quality, as set by the Environment Act 1995.

Local authorities are required to submit an annual status report (ASR) each year, including monitoring data, to the Secretary of State (or, if within Greater London, to the Mayor of London). The ASR aims to report on progress in meeting air quality objectives and identify new or changing sources of emissions. The ASR should be made available to the public, typically on the relevant local authority's website.

If the ASR identifies a possibility that an air quality objective is or will be exceeded at a relevant location, the local authority must declare an air quality management area (AQMA). An AQMA is an area where local air quality is unlikely to meet the government's national air quality objectives.

Once an AQMA has been designated, an Air Quality Action Plan (AQAP) should be prepared within 18 months following the designation date. Progress on the AQAP should be included in the ASR.

Authorities that have not had to designate AQMAs and produce AQAPs are required to draw up a Local Air Quality Strategy (LAQS). The aim of LAQSs is to encourage local authorities to consider preventing and reducing polluting activities rather than only taking steps to reduce air pollution once exceedances have been identified.

Monitoring

Most LAQM monitoring will focus on NO2 and particulate matter (PM10 and PM2.5). Monitoring of other pollutants will normally only be required if an assessment indicates a potential risk to compliance.

Enforcement

The UK Government has the power to issue "directions" to local authorities regarding air quality. In London, air quality management is devolved to the Mayor of London, who also has the power to issue Directions to local authorities within Greater London.

These directions require local authorities to identify and provide evidence of measures that will achieve compliance with legal limits on air pollutants, such as roadside nitrogen dioxide levels, in the shortest possible time.

Roadside nitrogen dioxide

Local authorities are responsible for reducing NO2 concentrations around roads where levels exceed statutory limits. A series of directions have been issued to local authorities which have exceeded these limits, requiring them to identify and provide evidence of measures that will achieve compliance in the shortest possible time.

Environmental permitting

In England large installations and medium combustion plant (for example large power stations) are permitted and regulated by the Environment Agency. Medium (such as glass manufacturing) and smaller industrial sites (such as dry cleaners and petrol filling stations) are permitted by local authorities.

Government guidance, Air quality strategy: framework for local authority delivery (August 2023) states that if a large industrial installation or medium combustion plant is causing or contributing to exceedances requiring an air quality management area, local authorities should liaise with the Environment Agency to ensure compliance. Similarly, if an industrial site permitted by a local authority is responsible for or contributing to emissions in an air quality management area, the local authority should enforce granted environmental permits and check compliance with legal limits.

Smoke control areas

The Clean Air Act 1993 provides for restrictions that local authorities can choose to put in place to abate air pollution. Part III of this Act allows local authorities to designate smoke control areas. In a smoke control area a person can only burn fuel on the list of authorised fuels, or a specified “smokeless” fuel (anthracite, semi-anthracite, gas and low volatile steam coal), unless they are using an exempt appliance (as listed on the Defra website).

Statutory nuisance

Smoke can be a type of statutory nuisances by virtue of the Environmental Protection Act 1990 (EPA), as amended. Under section 79 of the EPA, a local authority must take "all reasonable steps" to investigate a complaint.

Clean air zones

Clean Air Zones (CAZs) are a measure that local authorities can put in place to help control emissions of harmful pollutants from vehicles and reduce public exposure. They are defined areas where only the cleanest vehicles are encouraged to operate, to improve air quality. Although there does not have to be a charge to enter a CAZ, there is generally a charge set for a certain type of vehicle (normally older, more polluting vehicles) to enter the zone.

The ability for authorities to introduce a Clean Air Zone is set out in the Transport Act 2000. For further information is also provided in the Library briefing, Clean Air Zones, Low Emission Zones and the London ULEZ, August 2023.

Planning

The government’s National Planning Policy Framework (NPPF, December 2024) and the more detailed guidance in the Planning Practice Guidance (PPG) on air quality set out that consideration of air quality issues at the plan-making stage can ensure a strategic approach and help secure net improvements in overall air quality. The guidance also outlines various impacts on air quality to be considered before granting planning permission.