“…The strict approach to necessity was again apparent and applied in R (Shirley) v Secretary of State for Housing, Communities and Local Government [2019] PTSR, [2019] EWCA Civ 22, where a reference was sought of questions arising in relation to the first of three grounds of appeal. In rejecting the request, Lindblom LJ stated at [63] as…”
“…s of articles 13 and 23 of the Air Quality Directive (see R. (on the application of Shirley) v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 22, at paragraphs 29 to 32).…”