More flights from a third runway should only be allowed once it is clear that air quality at sites around the airport would not delay compliance with EU rules. The Commission’s report argues that if another part of London had even filthier air than Heathrow, such as Marylebone Road, it would not be the the airport that was delaying compliance.
But Mr Andrews said: “The purpose of these limits is to protect human health. It can’t have been the intention for countries to benefit from their own failure to comply.”
The Supreme Court has ordered the Government to draw up new plans by the end of the year on cutting NO2 levels after the ClientEarth case.
The commission surprised environmentalists and some MPs by putting out a new consultation on air quality the day after the General Election.
Experts believe it may have been trying to strengthen its case against any future legal challenge in this area.
Mr Cameron has pledged a decision on expansion by the end of the year, with business leaders urging him to back the commission’s proposal.
Former minister Crispin Blunt today said that Cabinet ministers who reject a third runway at Heathrow because of opposition in their constituencies should not be allowed to vote on the decision.