Highways England acting 'unlawfully' over air pollution

30/05/2019 | DOMINIC BROWNE

Highways England has spent just a fraction of its £100m fund to tackle illegal levels of air pollution on its roads, and has less than a year to go to spend nearly £70m of an initial £75m.

The inactivity and failure to have a concrete plan to tackle the problem of air pollution on its roads could mean Highways England is acting unlawfully, according to top environmental lawyers who have already won a succession of legal victories against the Government over its air quality plans.

ClientEarth said pollution is assessed on a small number of Highways England roads but the latest figures still show that over a third of these have illegal levels of nitrogen dioxide (NO2) - some more than 1.5 times over the limit.

ClientEarth has written to Defra and the Department for Transport arguing that the Government's obligation under EU law to ensure measures are in place to reduce pollution to within legal limits in the shortest possible time means there must be a Highways England 'concrete plan of action to protect people’s health'.

The news comes as it was revealed that Highways England has made little progress on spending its £100m air quality fund established under the Road Investment Strategy. Only £7.7m has so far been spent, on measures including support for the new electric van demonstration centre in Leeds.

Of the total £100m, the Government allocated £75m to the period from April 2015 to March 2020 - meaning time is running out to spend the cash.

ClientEarth clean air lawyer Katie Nield said: 'Thousands of people across the country are breathing toxic air which is making them sick. Children are particularly vulnerable. Illegal levels of pollution from traffic on major roads are a part of the problem, so it’s hard to understand why ministers are trying to shirk their legal and moral responsibility to do something about it.'

ClientEarth has gone to court to force action from ministers over illegal levels of NO2 across the country, winning three cases since the beginning of 2015.

Under the latest government strategy, local authorities are mainly held responsible for tackling air pollution, which has led to local missed deadlines and a varied response from different councils.

The environmental lawyers said the Government has told local authorities that their plans to reduce pollution do not need to include Highways England maintained roads in their areas.

Ms Nield added that Highways England was a 'huge blind spot in the Government’s strategy'.

'We need the upcoming Environment Bill to put a duty on all public bodies to act on air pollution, along with stronger legal limits that reflect World Health Organisation guidelines,' she said.

In its legal letter to the government, ClientEarth says: 'Whilst successive government plans have alluded to work being done to identify solutions, neither central government nor Highways England have yet set out what measures they are committed to put in place, or when they will take effect, in order to tackle the problem in the shortest possible time. Over eight years after legal limits came into force, a legally compliant plan to address continued exceedances on the [strategic road network] is still lacking.'

A Highways England spokesperson said in response: 'We are aware of the Client Earth letter. We remain committed to investing the £75m air quality fund through to the end of March 2020, as set out in the Government’s Road Investment Strategy.

'Since 2015 we have been doing the necessary investigation to find meaningful and effective measures to improve air quality alongside our network; to date we have spent £7.7m, of the funds, including support for the new electric van demonstration centre in Leeds, which is being delivered in partnership with Leeds City Council, and electric charging points.

'We are also progressing the roll-out of the national air quality barrier programme, and continue to support local authorities with the delivery of their Clean Air Zones.'

Highways InProfile

latest magazine issue
Highways jobs

Director of Transport

£112,924
East Midlands Combined County Authority (EMCCA) is on a bold journey. East Midlands Region
Recruiter: East Midlands Combined County Authority

Ferry Host - WMF3049i

£25,584 - £25,992
Ferry Host - WMF3049i Windermere, Cumbria
Recruiter: Westmorland and Furness Council

Director of Streetscene

£94,972 - £108,767
We continue to have big ambitions for our borough Fareham, Hampshire
Recruiter: Fareham Borough Council

Principal Engineer - Urban Traffic Control (UTC)

£44,711 - £49,764
Liverpool is home to vibrant, energetic and engaged communities. Liverpool, Merseyside
Recruiter: Liverpool City Council

Roadworker/Driver

Grade 6 £25,183 - £25,638 per annum (Pay Award Pending)
We’re looking for Roadworker/trainee LGV drivers to be part of our team Derbyshire
Recruiter: Derbyshire County Council

Project Chargehand (2 Posts)

Grade 9 £31,344 - £33,253 per annum (Pay Award Pending)
We’re looking for experienced Project Chargehands to be part of the Highways Construction Services team Derbyshire
Recruiter: Derbyshire County Council

Lawyer 2- Planning and Highways

£49,764 - £54,181
We are looking for a fresh thinking and enthusiastic Planning and Highways Lawyer Hereford, Herefordshire
Recruiter: Herefordshire Council

Development Engineer

£35,967 - £41,268 per annum
Are you ready to play a key role in shaping and safeguarding the future of our highways and public spaces? Bexley (City/Town), London (Greater)
Recruiter: London Borough of Bexley

Professional Services Partnering Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are seeking a dynamic and experienced Professional Services Partnering Manager to lead the strategic management Darley Dale, Matlock
Recruiter: Derbyshire County Council

Technical Supervision Manager

Grade 13 £47,653 - £51,296 per annum (pay award pending)
We are looking for an experienced and driven Technical Supervision Manager to lead our technical supervision teams within the Highways Service. Derbyshire
Recruiter: Derbyshire County Council

Street Lighting Electrician (CDC)

Grade 8, £32,662 - £36,239 (pay award pending)
Highways Operations is a growing service area within the Place directorate. Doncaster, South Yorkshire
Recruiter: City Of Doncaster Council

Highways Assistant Engineer WMF2133e

£39,513 to £40,476
We have an exciting opportunity for the right person to work within the challenging and ever-changing landscape. Penrith, Cumbria
Recruiter: Westmorland and Furness Council

Highways Inspector/NRSWA

£36,345 - £40,344
We are looking for an organised and self-motivated individual to join our Streetworks Team based in Hackney Central. Hackney, London (Greater)
Recruiter: London Borough of Hackney Council

Structures Commissioner

Grade 14 £53,166 - £59,080 per annum (Pay Award Pending)
We are seeking an experienced and strategic leader to join our team as the Structures Commissioner. Derbyshire
Recruiter: Derbyshire County Council

Team Leader Network Co-ordination

£51,429 - £58,140
As Team Leader for Network Coordination, you’ll manage a team that oversees all works and events on our public highways. Kensington and Chelsea, London (Greater)
Recruiter: The Royal Borough of Kensington & Chelsea Council

PRINCIPAL TRANSPORT PLANNING OFFICER

£43693 - £46731
We have an exciting opportunity for an experienced professional to join our team in Hull as a Principal Transport Planning Officer. Kingston upon Hull, East Riding of Yorkshire
Recruiter: Hull City Council

HIGHWAYS AND TRAFFIC ENGINEER - 4 POSTS

£43693 - £46731
We have several exciting opportunities for suitably qualified Highways Civil Engineers and Traffic Engineers Wilson Centre, 1st floor, Hull HU1 2AG
Recruiter: Hull City Council

Principal Transport Planner

£45,718 to £49,764
Do you have considerable experience in the transport strategy and policy, and are you looking for your next career development opportunity? Sheffield, South Yorkshire
Recruiter: Sheffield City Council

Project Lead - Bridges and Structures WMF3037e

£45,718 to £46,731
We are currently seeking to recruit a Project Lead to join our Bridges and Structures team Kendal, Cumbria
Recruiter: Westmorland and Furness Council
SUBSCRIBE NOW

Latest Video

Subscribe to Highways today to ensure you keep your finger on the pulse of everything happening in the UK road network throughout the year.

SUBSCRIBE NOW