Air quality on trial: a local case with national implications.
Air quality on trial: a local case with national implications.
Latest: July 4, 2019
Supreme Court refuses us permission but the battle goes on
Dear Supporters
Unfortunately, the Supreme Court has refused to give us a hearing but the battle is not lost.
Our goal was to establish where responsibility lay for compliance with air pollution …
Read moreThis is phase two of the Crowdjustice campaign by Michael Rundell & Emily Shirley. The challenge is about the unlawful air pollution levels in Canterbury. The case was launched in 2017 and is now waiting permission to go to the Supreme Court.
We believe we have strong grounds of appeal. The unlawful level of air pollution is now finally recognized as a national health emergency. A successful outcome for our case could have implications for planners and developers everywhere - making it a test case with nationwide significance.
The legal issue is whether the Secretary of State is responsible for ensuring that air quality levels meet legal limits as soon as possible as he is legally required to do in accordance with the Air Quality Standard Regulations 2010 and case law.
Thousands of new homes are planned for our area, with little or no consideration of their impact on air quality. Air pollution levels in Canterbury are already dangerously high and in several areas exceed legal limits. Further large-scale development will only make the situation worse.
It is now well known that poor air quality has serious implications for the health of us all. It puts people at risk of asthma, other respiratory problems, dementia, and premature death. It causes at least 40,000 premature deaths in the UK each year.
Air quality has become part of the national conversation. It regularly features in media discussion — The Times, for example, is running a major air pollution campaign, with a ‘Manifesto’ calling for a new Clean Air Act, a more rapid phasing out of petrol and diesel vehicles, and other measures.
The courts, too, are now taking air pollution seriously. Earlier this year, the Court ordered a new inquest into the death of Ella Kissi-Debrah. Ella, a schoolgirl of 9, died of an asthma attack which is now thought to be linked to unlawful levels of air pollution near her home in South London.
Please make a donation to our Crowdjustice page so that we can carry on the fight and meet our legal costs. Please also share this message with your friends and colleagues to help us raise the funds needed.
Get updates about this case
Subscribe to receive email updates from the case owner on the latest news about the case.
Be a promoter
Your share on Facebook could raise £26 for the case
I'll share on Facebook
Emily Shirley & Michael Rundell
July 4, 2019
Supreme Court refuses us permission but the battle goes on
Dear Supporters
Unfortunately, the Supreme Court has refused to give us a hearing but the battle is not lost.
Our goal was to establish where responsibility lay for compliance with air pollution law, and we argued that this must be the Secretary of State. In circumstances where a large new development would exacerbate already unlawful air pollution levels (or at best, fail to mitigate them), we argued that the SoS had a duty to call in the application in order to achieve compliance.
In finding that there was no arguable point of law in our case, the judges have effectively let the SoS off the hook and - worse still - created a legal black hole where there is no clarity as to where responsibility lies for compliance with air pollution law locally.
However, all is not lost. We may have further avenues to explore with this case in Europe. We also still need to raise funds to pay for the second legal challenge against Canterbury's local plan for inadequate air pollution policies. That case was put on hold but is now waiting to be heard.
Further challenges are also contemplated against decisions to be made by Canterbury City Council which do not reduce air pollution to legal limits.
Please keep supporting our Crowdjustice page. We will of course update you on the next legal steps as soon as they develop.
All best wishes Emily Shirley and Michael Rundell
Get updates about this case
Subscribe to receive email updates from the case owner on the latest news about the case.
Recent contributions