The Government and Local Authorities have failed to implement effective Air Quality Strategies and the EU are taking action to fine the UK.
In May 2013 The Supreme Court has declared that the Government is failing in its legal duty to protect people from the harmful effects of air pollution.
In London improper and unlawful Air Quality transport policies have failed to reduce harmful emissions and these ineffective policies are replicated nationwide.
Throughout the country many applications for Incinerators are not complying with proper process resulting in improper approval being given.
In many cases the Local Authority has to fund waste disposal. If that same Local Authority is making a Planning Decision from which it gains financially because burning waste is a cheaper option,then surely this decision is improperly biased and constitutes a Conflict of Interest?
In Trafford an Incinerator application was refused by the Local Authority on the grounds that it was in an Air Quality Management Area. The Secretary of State then overturned this decision, which in itself is improper process. It seems that decisions and processes are being improperly influenced by financial considerations. A Public Inquiry is urgently needed to investigate and expose the failures which are causing thousands of deaths each year.
The Campaign for Air Pollution Public Inquiry has been to set up to enable the many campaign groups across the UK who are concerned about Air Quality and Pollution to take united action.
Many campaign groups are frustrated by the failed Political and Judicial Processes which are allowing improper decisions to be made which are resulting in failed air quality and pollution which causes thousands of deaths each year in the UK.
Many cities in the UK have been designated as Air Quality Management Areas.
What is an Air Quality Management Area (AQMA)?
All local authorities are required to assess air quality in their areas. An Air Quality Management Area (AQMA) must be declared if pollutant concentrations are likely to exceed health based standards in any outdoor location where members of the public are likely to be present. Where an AQMA is declared an air quality action plan (AQAP) must be drawn up detailing how the local authority intends to improve air quality.
In most cases the required healthy Air Quality standards have not been met because of failures to reduce pollution from transport.
If a city has been designated as an AQMA it has a legal requirement to make efforts to reduce pollution.
If a Local Authority then gives Planning Approval for an Incinerator in an AQMA it is not complying with Public Law.
Any decisions made by a Public Body have a legal requirement to;
Follow correct procedure, be Rational and Evidence Based, to Have Proper Purpose, to be ECHR Compliant, to be Proportionate and to be Properly Reasoned.
These are not obligations they are legal requirements.
If a Public Body, for example A Local Authority, ignores these Legal Requirements in its Planning Process and improperly gives Planning Approval for an Incinerator in an AQMA, then this decision is Unlawful and should be challenged.
More information about the Campaign for Air Pollution Public Inquiry here