House of Commons
LONDON
SW1A 0AA
Dear
I am writing to draw your attention to the problematic lack of weight that air quality issues carry in the planning process, especially as relates to Prior Approval. It is our view that the current planning system does not take sufficient account of air pollution, and I suggest below some measures which could be taken to tackle this.
It is widely known that current urbanisation trends are having an adverse effect on our environment. Many of the ways we produce energy, heat our homes and power our transport systems rely on fossil fuels, which when burnt, release harmful substances into the air. Air pollution is a multi- faceted challenge affected by a wide range of phenomena within city infrastructure systems. With air quality playing such a crucial role in determining the health and wellbeing of both people and the wider eco-systems that support them, it is vital we revise the ways in which we build and maintain our towns and cities. Strategic planning can play a key role in this process, encouraging sustainable practices which can limit the negative impacts on air quality. One success story of the current planning system was in Sheffield in 20141. Sainsbury’s plan to expand was halted because the Planning Inspectorate proved that the developer’s Air Quality Assessment was based on inaccurate assumptions. It was concluded that the development would increase air pollution in an area which was already breaching EU limits2. Thanks to this, a precedent exists for planning permission for development to be refused on the basis of air quality, although many comparable cases since then have been approved. This case gives hope that something can be done to improve air pollution problems in the planning process.
I know that the National Planning Policy Framework is due to be changed. This presents an excellent opportunity for the government to ensure that air quality has parity with other issues in this important overview of the role and responsibilities of the planning system. It will support and encourage planning officers to consider air pollution during their decision making process.
1 https://planningapps.sheffield.gov.uk/online-applications/applicationDetails.do? activeTab=documents&keyVal=KTRZ6SNYFY000
2 Appeal Decision, Ref: APP/J4423/A/10/2143547 I also want to express my deep concern about the Prior Approval process. As I understand, it was brought in the GPDO 2015 SI No 596 as an emergency measure, but now it had been made into a permanent regulation and is used for some types of permitted development. If Prior Approval is granted it can mean the normal planning application process is circumvented. The Prior Approval procedure is deliberately a light-touch process without any unnecessarily onerous requirements, so as not to replicate the standard application process.
There are however a few areas which require consideration, and I believe the Government urgently needs to change Prior Planning Approval in order to support reductions in pollution in AQMAs: a local planning authority cannot consider any matters that are not listed in the Schedule 2 of the GPDO 2015 SI No 596, when determining a Prior Approval application. In most of the types of permitted development listed in Schedule 2, the subject matter of Prior Approval does not include air pollution. The only one in which the air quality impact is considered is ‘storage or distribution centre use to dwelling houses’ (GDPO 2015 SI No 596, Schedule 2, Part 3, Paragraph P.2). This leaves a high level of risk, especially in the case of a public health issue, as air pollution can cause serious health problems.
Location of new schools is one clear example of planning applications in which there are concerns over the impact on air quality and which without a change to the planning system could put people at unnecessary risk: research published this year shows that 802 of the London's schools in 2013 were within 150 metres of nitrogen dioxide levels that breached the EU limit. It is known that free schools can be located with prior approval i.e. little planning guidance, even near the main busiest roads; therefore children in these new schools will be put at unacceptable risk.
Taking all this into consideration I would like you to ensure that prior approval is not deployed in Air Quality Management Areas.
I would also ask you to instigate an amendment to The Town and Country Planning (General Permitted Development) (England) Order 2015, the GPDO 2015 SI No 596 that will mean Prior Approval can be revoked on the basis of air quality. I believe that Ministers need to make it clear that they are supporting actions to strengthen the importance of air pollution in planning and to support the proposed amendment. I would be most grateful if you could highlight your concern about this problem to the board and to ensure that this issue is included in the government’s future plans.
I would also be very interested to hear your views on this matter and what you might be able to do about it. Thank you in advance for your support in this important issue.
Yours Sincerely,