Ipswich Borough Council and Suffolk County Council obligations

 Technical Guidance (TG16) February 2018 Section 3.2: There are obligations on both district and county councils within Part IV of the Environment Act. In summary, although district councils prepare the annual reports and Action Plans under LAQM, the Secretary of State expects lower and upper tier councils to work together to develop their content and, with respect to Action Plans, ensure that all necessary measures to address air pollution in their local area are included.

District Authorities - [Ipswich Borough Council, IBC]

Technical Guidance (TG16) February 2018 Section 3.4:  Under section 83 [IBC] is required to designate an Air Quality Management Area (AQMA) when …any of the air quality objectives are not being achieved.

Technical Guidance (TG16) February 2018 Section 3.5:  Under section 84, as amended by the Deregulation Act 2015 - Part 4 of Schedule 13, once an AQMA has been designated [IBC] should prepare an Air Quality Action Plan (AQAP) that sets out how it will achieve the air quality standards or objectives for the area that it covers. [IBC] should provide information on the timescales for the achievement of measures.

Technical Guidance (TG16) February 2018 Section 2.69:  As a minimum, AQAPs should include the following:

o   Quantification of source contributions…knowing the source of the problem will allow the AQAP measures to be effectively targeted;

o   Quantification of impacts of proposed measures. It should ensure that compliance is not just ‘possible’ but ‘likely’. It is important that the local authority shows how it intends to monitor and evaluate the effectiveness of the plan;

o   Clear timescales, including milestones and expected outcomes, which the authority and other delivery partners propose to implement the measures within the AQAP; and

o   Defined roles and responsibilities that detail how the local authority and other delivery partners, including transport, planning and health departments, will take ownership of the problem and in what capacity they will work together to implement the AQAP.

County Councils – [Suffolk County Council, SCC]

Technical Guidance (TG16) February 2018 Section 3.8:   …[SCC] have to proactively engage with [IBC] as soon as an air quality issue is identified.

Technical Guidance (TG16) February 2018 Section 3.9:  Where [IBC]is preparing an Action Plan, [SCC] are obliged under section 86(3) to submit measures related to their functions (i.e. local transport, highways and public health) to help meet air quality objectives in their local area. Under section 3.1 of the Air Quality (England) Regulations 2000, submission of these proposals should take place within at the latest nine months of first being consulted on the Action Plan by [IBC]. Earlier responses from [SCC] are encouraged in order not to delay the completion of the Action Planning process.

Technical Guidance (TG16) February 2018 Section 3.12:  As a result of the obligations set out above, the Secretary of State would expect [SCC] to actively engage at all stages of review, assessment and action planning in relation to LAQM in its area. Early engagement will not only ensure a more effective Action Plan but should ensure that no unnecessary costs or resources are spent on collecting and sharing the necessary information or securing agreements too late in the process.

Introduction    Health impacts What needs to be done Council obligations Legal framework Director of Public Health