DD2414 Implementing the Mayor’s municipal waste provisions in LES

The Mayor, under the GLA Act 1999 is required to publish a municipal waste management strategy. This requirement was superseded by the Localism Act 2011 for the Mayor to produce a London Environment Strategy (published 31 May 2018) setting out provisions for effectively managing London’s municipal waste. Waste authorities in undertaking their waste functions have a duty under s355 of the GLA Act to act in general conformity with the Mayor’s Environment Strategy municipal waste provisions.

Under cover of a Delegated Authority Record, the Interim Executive Director of Development, Enterprise and Environment approved the engagement of Praxis Sustainability on an interim arrangement to undertake specific work relating to liaison with London boroughs and support of the review and approval of Reduction and Recycling Plans.

Implementation of the Mayor’s objective to have ensure that all boroughs produce a Reduction and Recycling Plan (RRP) by 2020 has been more onerous and time consuming than originally anticipated. Additional support has been required by the boroughs in producing RRPs and the approval process has taken longer than expected so the previously approved budget has been used quicker than expected. A member of the GLA Waste and Green Economy Team key to the review and approval of RRPs is leaving the team on 01 November 2019 meaning making additional support to the team critical.

Praxis Consulting are familiar with the policy divers, boroughs and GLA approval process and so offer the most efficient and effective way to ensure that the RRP review and approval process is completed and that follow-up with boroughs can be undertaken in 2020 to ensure identified actions are being delivered.

In addition, support is required by the GLA Waste and Green Economy Team to respond to the Heathrow Airport DCO consultation. Praxis Consulting have already contributed to this process and are required to provide sufficient resource within the team to provide further support as the process continues.

This DD seeks approval for expenditure of up to £45,000 on the continuation of consultancy support to Consultants Praxis Sustainability for a further period of 8 months to undertake specific roles to support the delivery RRPs and the GLA response to the Heathrow Airport DCO and support the implementation of the Mayor’s Environment Strategy waste provisions.

Approval of £45,000 would take total expenditure to £150,000. Previous expenditure of up to £50,000 was approved by the Assistant Director of Environment under cover of DAR and a subsequent ADD (ADD2250). Further expenditure of £55,000 was approved by the Interim Executive Director of DEE under cover of a Delegated Authority Record and DD2310, taking the previous total to £105,000.

Officers acknowledge that Part C, section 9 of the GLA’s Contracts and Funding Code requires, where the expected value of a contract for services is between £25,000 and £150,000, that such services be procured competitively or called off from an accessible framework. Section 10 provides however, that an exemption from this requirement may be approved where the proposed contractor has had previous involvement in a project or is to continue existing work which cannot be separated from the new project/work.

Officers propose that Praxis Sustainability are contracted to undertake the additional work as it represents work that cannot be satisfactorily separated from the recent service they have provided. The work undertaken by Praxis Sustainability is intrinsically linked to work already undertaken specifically on engagement with London boroughs. This includes, but is not limited to, prior dialogue with boroughs on the development and approval of their RRPs and provision of support on the waste aspects GLA response to the Heathrow Airport DCO consultation. This puts Praxis Sustainability in a unique position to undertake the additional urgent work needed. This ensures a consistent and robust approach is taken in fulfilling the Mayor’s statutory function relating to waste management. Given these circumstances it is deemed that this approach represents value for money, demonstrating an effective use of time and resources instead of procuring different contractors, and reflects that the resource and technical knowledge is not available in house. Approval of an exemption from the requirements of section 9 of the GLA’s Contracts and Funding Code is therefore, sought on that basis.

In support of the waste provisions of the London Environment Strategy the objectives of the work are to:

• review and recommendation for approval of borough Reduction and Recycling Plans (RRPs);
• liaison with boroughs and review of actions set out in the RRPs after they have been approved; and
• provision of technical support to the GLA response to the Heathrow Airport DCO consultation and related enquiry.

The expected outcomes are:

• agreement and approval of RRPs for all 33 London Boroughs;
• engagement and support with all boroughs to ensure actions identified in their RRPs are delivered as detailed on time and to an appropriate standard and that learning is captured and disseminated to the benefit of all boroughs and Londoners; and
• technically robust and consistent waste management element of the GLA response to the Heathrow Airport DCO examination process.

Under Section 149 of the Equality Act 2010 (the “Equality Act”) the Mayor and the GLA must have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, and to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not. Protected characteristics under the Equality Act comprise age, disability, gender re-assignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and marriage or civil partnership status.

This additional work furthers actions and policies set out in the London Environment Strategy which have both been consulted on publicly and sought input from all groups and communities. All responses to those consultations have been analysed properly to help ensure the final document reflects their diverse views and needs. 85 per cent of the 2095 public responses to two surveys supported the Mayor’s measures to set a consistent level of recycling service including separate food waste service. This overwhelming public response is reflected in the Mayor’s London Environment Strategy Proposal 7.2,1.a setting a minimum level of recycling service including separate food waste, paving the way for every Londoner to have equal access to a good recycling collection service regardless of what borough or household they live in.

The findings from the proposed additional work by Praxis Sustainability will further support the evidence base of policies in the Environment Strategy and support the Mayor’s leadership role in helping London to cut waste and boost recycling to reduce the environmental impact of its waste management.

Key risks and issues

1. This work links the Mayor’s Environment Strategy, new draft London Plan waste policies and the ambition for London to be a zero waste city by 2050.
3. No person involved in the drafting or clearance of this form has any conflict of interest to declare with regards to this approval.

This decision seeks approval for expenditure of £45,000 to enable consultancy services provided by Praxis Sustainability to continue. This is in addition to the expenditure approved under ADD2250 and DD2310 which takes the total spend to £150,000.

This consultancy cost will be funded from Environment team’s 2018-19 and 2019-2020 Waste programme budgets.

The foregoing sections of this report indicate that the activity in respect of which approval is sought may be considered to be facilitative of and conducive to the exercise of the GLA’s general powers to undertake such activity as may be considered to promote the improvement of the environment in Greater London and have complied with the Authority’s related statutory duties to:

(a) pay due regard to the principle that there should be equality of opportunity for all people;
(b) consider how the proposals will promote the improvement of health of persons, health inequalities between persons and to contribute towards the achievement of sustainable development in the United Kingdom; and
(c) consult with appropriate bodies.

In taking the decisions requested, the director must have due regard to the Public Sector Equality Duty; namely the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010, and to advance equality of opportunity and foster good relations between persons who share a relevant protected characteristic (race, disability, gender, age, sexual orientation, religion or belief, pregnancy and maternity and gender reassignment) and persons who do not share it (section 149 of the Equality Act 2010). To this end, the director should have particular regard to section 3 (above) of this report.

Section 9 of the GLA Contracts and Funding Code (the ‘Code’) requires the GLA to call off the services required from an accessible framework or conduct a competitive procurement exercise for the same. The director may however, approve an exemption from this requirement under section 10 of the Code upon certain specified grounds. One of those grounds is that an exemption may be approved where the proposed contractor has had previous involvement in a specific current project or the work is continuation of existing work that cannot be separated from the new project/work. Officers have indicated at section 1 of this report that this ground applies. The director may therefore, approve the exemption proposed if satisfied with the supporting content of this report.

Should the approvals sought be granted, officers must ensure that appropriate contract documentation is put in place and executed by the GLA and Praxis Sustainability before the commencement of the additional services.