Download 3c. Appendix C RTF

Appendix C
REQUEST FOR MAYORAL DECISION – MD427
Title: Development of the Mayor’s Municipal Waste Management Strategy
Executive Summary:
Approval is sought to fund independent research for the evidence base informing the development of
the Mayor’s Waste Management Strategy (the “Strategy”). Independent research is necessary to
evidence the economic, environmental and social considerations associated with the Mayor’s proposed
strategic approach for managing London’s waste to 2031. The Mayor will launch his draft Strategy
for consultation with the London Assembly and Functional Bodies and wider stakeholders in autumn
2009. Feedback from consultation along with the evidence base research will be used to develop a
more detailed Strategy for public consultation in early 2010. The final Strategy will be adopted in
autumn 2010.
Decision:


Approve that the amount of £100,000 be allocated from the central budget to the
Development and Environment Directorate for the purposes of undertaking research to
inform the Strategy evidence base in line with the Strategic Plan.
Approve the procurement of three consultancy services for the purposes of undertaking
research as more fully described in paragraphs 1.4 (a), (b) and (c).
Mayor of London
The above request has my approval.
Signature
Date
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PART I - NON-CONFIDENTIAL FACTS AND ADVICE TO THE MAYOR
1.
Introduction and background
1.1
The Mayor under the Greater London Authority Act 1999 (the “1999 Act”) is required to
produce and revise a Municipal Waste Management Strategy (the Strategy). This Strategy
published in September 2003 set out policies to manage London’s waste through to 2020,
although the proposals (actions to implement the policies) were generally for the period
through to 2006 and are therefore now out of date. There have been significant policy
developments since 2003 including the government releasing the national waste strategy
in 2007 with new waste and recycling targets. It is timely for the Strategy to be replaced
rather than simply updated.
1.2
Consequently work is necessary to update the evidence base informing a new Strategy,
particularly the economic and environmental rationale for the Mayor’s proposed approach
for managing London’s waste. Independent research is required to inform the Strategy’s
proposed waste targets, projected cost and benefits from proposed polices, and the
environmental benefits largely achieved through the reduction of greenhouse gas
emissions from landfill diversion and higher recycling performance.
1.3
A draft Strategy will be published in autumn 2009 for consultation with the London
Assembly and the GLA Functional Bodies. Feedback from consultation along with the
evidence base research will used to develop a more detailed Strategy for public
consultation in early 2010. The final Strategy will be adopted in autumn 2010. A separate
MD along with the draft strategy for consultation with the London Assembly will be
submitted at the end of summer 2009.
1.4
The necessary evidence base work will be acquired through commissioning independent
research estimated to be no more than £100,000 falling under three main areas:
a) Economic analyses (£40,000)
The economic cost of achieving the proposed waste diversion and recycling
targets set out in the draft Strategy. This will be achieved by modeling a number
of waste management scenarios based on a range of waste minimisation and reuse
activities, along with modeling various waste collection, sorting, treatment,
energy recovery and final disposal methods.
b) Capture, participation and recognition rates on recycling performance (£50,000)
Data on current and potential waste material capture, participation rates, and
performance from London’s waste and recycling collection services. This will
provide recycling performance across London by collection type and housing
stock to inform areas for improved recycling rates, particularly in flats and estates
where recycling performance is typically low.
c) Greenhouse gas emission modelling (£10,000)
Developing a tool to model the greenhouse gas performance of waste
management activities including waste minimisation and reuse, and the collection,
sorting, treatment, energy recovery and final disposal of waste. The tool will be
used to establish a minimum CO2 performance for waste management activities
using a lifecycle approach, particularly for the management of ‘residual waste’ –
waste not suitable for recycling or composting.
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1.5
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Project specifications for the work are attached to this MD as appendices 1, 2, and 3.
Issues for consideration
2.1 Links to strategies and Strategic Plan
The work will be used to inform the development of the Mayor’s Waste Management Strategy
revisions to the London Plan. In addition to revising the London Plan the Mayor is revising and
developing his other strategies including the Climate Change Adaptation Strategy, Transport
Strategy, Water Strategy, Climate Change Mitigation and Energy Strategy and Air Quality
Strategy. GLA Waste Officers will work with the relevant GLA Strategy teams and the GLA
Strategy Co-ordination Group to ensure all these Strategies are recognised and consistent with
the development of the Mayor’s Waste Management Strategy.
The work will help the Mayor deliver the Mayor’s priority for a “cleaner, greener, more
sustainable London” as set out in the Strategic Plan. This includes promoting the development
of efficient waste management activities and local renewable energy generation contributing to
the reduction in greenhouse gas emissions, and developing incentive schemes such as
RecycleBank to increase London’s recycling performance.
2.2
Impact assessments and Consultation
The GLA Act 1999 requires two formal consultation periods for publishing statutory strategies.
Firstly the London Assembly and GLA group are consulted, followed by public consultation,
which includes statutory consultation with the Environment Agency, London’s waste disposal
authorities and waste disposal authorities with boundaries adjoining London, and local
authorities where London’s municipal waste is, or is proposed to be, disposed. Prior to each
consultation period there is a one-month internal consultation through the GLA Strategy Coordination Group.
Impact assessments for health, equalities and sustainability and a (statutory) Strategic
Environmental Assessment will be published alongside the Mayor’s Waste Management
Strategy for public consultation and the final Strategy.
2.3
Risk
New evidence is required to write a robust Mayor’s Waste Management Strategy using the most
up-to date information on waste management services, cost modelling, and legislation. Without
this work there is a risk the Strategy will not hold up to public scrutiny to reflect current waste
management best practice and national waste targets set by the government. Without approval
for the work there is also significant risk that there will be major slippage in the timetable for
launching and publishing the Strategy, and commencing consultation with the London
Assembly, Functional Bodies and wider stakeholders in autumn 2009.
Legal Risk
The Waste Strategy will need to comply with the powers and the process as set out in the 1999
Act (as amended by the Greater London Authority Act 2007 (the “2007 Act”) as otherwise the
Authority will be in breach of its statutory obligations. The Legal team will review the
document and seek Counsel’s advice to mitigate this risk.
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3.
Decisions
3.1
To approve that the amount of £100,000 be allocated from the central budget to the
Development and Environment Directorate for the purposes of undertaking research to inform
the Strategy evidence base in line with the Strategic Plan.
To approve the procurement of consultancy services for the purposes of undertaking such
research.
3.2
3.3
Defer publishing this Mayoral Decision on the GLA website until after tenders for research have
been received (no later than 30 September 2009).
4.
Financial Comments
4.1
The research informing the Mayor’s Waste Management Strategy will cost no more than
£100,000, any further cost will need to go through the GLA decision-making process.
4.2
The budget will require transferring from the Centralised Programme Budget to the
Development and Environment Directorate Budget.
4.3
The Environment and Development Team will monitor the project. All budget adjustments will
be carried out.
5.
Legal Comments
Power
5.1
The decisions requested of the Mayor fall within the statutory powers under the Greater
London Authority Act 1999 (the ‘Act’). Section 30 of the Act allows the Mayor, acting on behalf
of the Authority, and after appropriate consultation, to do anything which the Mayor considers
will further the promotion of the economic and social development of Greater London and the
improvement of the environment within Greater London. Paragraph 1 above indicates that the
relevant purpose of the Waste Strategy in this case is the promotion of environmental
improvement in Greater London.
Section 32 of the Act provides that the power under section 30 is exercisable only after
consultation with such bodies or persons as the Authority considers appropriate in the particular
case.
Section 34 of the Act allows the Authority, acting by the Mayor, to do anything which is
calculated to facilitate, or is conducive or incidental to, the exercise of any functions of the
Authority exercisable by the Mayor. In this case, the decision to procure various consultants to
provide various research studies to inform the Waste Strategy can reasonably be considered to
fall within this incidental power.
In exercising his general powers under S.30 and also in the development and implementation of
the strategies the Mayor must have due regard to the principle of equality of opportunity for all
people, and under S.404 in respect of all of the actions and activities of the GLA due regard must
be had to the principle of equality of opportunity for all, regardless of race, sex, disability, age,
sexual orientation or religion, to the elimination of unlawful discrimination and to the promotion
of good relations between persons of different racial groups, religious beliefs and sexual
orientation.
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Procurement
Economic analyses
5.2
Section 7 of the Contracts Code of Practice (the ‘Code’) requires the GLA to seek to obtain a
minimum of 5 written quotes for the procurement of services with a value between £25,000 and
£49,999. The relevant officers will need to ensure that the Code is complied with, that value for
money is secured and that any contract is awarded to the economically most advantageous
tenderer.
Capture, participation and recognition rates on recycling performance
5.3
Section 7 of the Code requires the GLA to seek to conduct an advertised tender for a contract
with a value of £50,000. The relevant officers will need to ensure that the Code is complied
with, that value for money is secured and that any contract is awarded to the economically most
advantageous tenderer.
Greenhouse gas emissions modelling
5.4
Section 7 of the Code requires the GLA to seek to obtain 3 written quotes for the procurement of
services up to the value of £25,000. The relevant officers will need to ensure that the Code is
complied with, that value for money is secured and that any contract is awarded to the
economically most advantageous tenderer.
5.5
On the above procurements relevant officers should liaise with the Legal Department at the
stage of tender selection to ensure the necessary services contract is put in place to govern this
work.
6.
Background/supporting papers
Appendix One: Specification: Economic modelling for the Mayor’s Municipal Waste
Management Strategy.
Appendix Two: Specification: Performance of London's municipal recycling collection services.
Appendix Three: Specification: Greenhouse gas modelling tool for waste management
activities.
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Public access to information
Information in this form is subject to the Freedom of Information Act 2000 (FOI Act) and other
legislation. Part 1 of this form will be made available on the Greater London Authority website within
1 working day of approval. Any facts and advice that should not be made automatically available on
request should not be included in Part 1 but instead on the separate Part 2 form. Deferment is only
applicable where release before that date would compromise the implementation of the decision being
approved.
Is the publication of this approval to be deferred? YES
If yes, for what reason:
It is necessary to defer the publication of this MD until tenders have been received for consultancy
services specified in the MD. Publishing the MD before tenders are received would not allow the GLA
to effectively assess tenders on value for money.
Until what date: 30 September 2009
Is there a part 2 form - NO
OFFICER APPROVAL:
Tick to indicate
approval
Sponsoring Director:
Fiona Fletcher-Smith has reviewed the request and is satisfied it is correct and
consistent with the Mayor’s plans and priorities.

Mayoral Advisor:
Isabel Dedring has been consulted about the proposal and agrees the
recommendations.

Head of Law:
Corrin McCarthy has commented on this proposal on behalf of the Head of Law.

Executive Director, Resources
I have been consulted about the proposal and confirm that Financial and Legal advice have been taken
into account in the preparation of this report.
Signature
Date
Chief of Staff
I am satisfied that this is an appropriate request to be submitted to the Mayor
Signature
Date
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