Clean Air
DIRECTION
ENVIRONMENT ACT 1995
The Secretary of State, in exercise of the power conferred by section 85(5) of the Environment Act 1995(a), gives the following direction.
In accordance with section 85(6) a copy of this direction will be published in the London Gazette.
The Secretary of State makes this direction having determined that it is necessary in order to meet obligations placed upon the UK under the EU Ambient Air Quality Directive(b).
Citation, commencement and application
1.—(1) This direction may be cited as the Environment Act 1995 (Solihull Metropolitan Borough Council) Air Quality Direction 2019 and comes into force on the day after it is made.
(2) This direction applies to Solihull Metropolitan Borough Council.
Interpretation
2. In this direction—
“the authority” means Solihull Metropolitan Borough Council;
“specified activities” means the activities described in Schedule 1.
Requirement to take certain steps
3. The authority must complete the specified activities by the dates specified in Schedule 1.
Duty to provide initial evidence submission
4. The authority must submit to the Secretary of State its initial evidence submission as soon as possible and no later than 30 September 2019. Guidance
4. The authority, in taking steps under this direction, must have regard to relevant guidance issued by the Secretary of State.
(a ) 1995 c25.
( b) 2008/50/EC OJ No. L 152, 11.06.08, p.1.
Thérèse Coffey MP, Parliamentary Under Secretary of State for the Environment, Department for the Environment Food & Rural Affairs
19 March 2019
SCHEDULE 1: PARAGRAPH 3
Specified Activities
| Activity | Description of activity | Deadlines |
| Undertake as part of the UK plan for tackling roadside nitrogen dioxide concentrations 2017, together with the Supplement to that plan published on 5 October 2018, a Feasibility Study in accordance with the HM Treasury’s Green Book approach, to identify the option which will deliver compliance with legal limits for nitrogen dioxide in the area for which the authority is responsible, in the shortest possible time. | Initial Plan: | As soon as possible and by 31 July 2019 at the latest. |
| Setting out the case for change and the first stage in identifying, exploring, analysing and developing options for measures which the local authority will implement to deliver compliance in the shortest possible time, with indicative costs for those options. | ||
| As above | Final Plan: | As soon as possible and by 30 April 2020 at the latest. |
| Identifying the preferred option for delivering compliance in the shortest possible time, and setting out value for money considerations and implementation arrangements As soon as possible and by 30 April 2020 at the latest. |
EXPLANATORY NOTE
(This note is not part of the direction)
This direction directs Solihull Metropolitan Borough Council to carry out the specified activities listed in Schedule 1 by the specified deadlines, and to provide an initial evidence submission both in relation to their duties in respect of air quality under Part 4 of the Environment Act 1995 by the specified deadlines. Under section 85(7) of that Act it is the duty of a local authority to comply with a direction given to it. A copy of this direction is available at for inspection at Seacole Building, 2 Marsham Street, London, SW1P 4DF.