Key information
Executive summary
The Mayor has indicated that he would like a new London Plan to be adopted as soon as possible. As part of the preparation of the London Plan, under both European and National Legislation, the Mayor is required to undertake a number of assessments, namely an Integrated Impact Assessment and a Habitats Regulation Assessment. Approval is sought to commission these assessments to support the preparation of the new London Plan.
Decision
That Mayor approves:
1. Expenditure of up to £170,000 for Integrated Impact Assessment services (up to £100,000: £50,000 in 2016-17, £40,000 in 2017-18 and up to £10,000 in 2018-19) and a Habitats Regulations Assessment (up to £70,000 in 2017-18) to support the new London Plan. Both elements will be procured in accordance with the GLA code of contracts.
Part 1: Non-confidential facts and advice
1.1 The Greater London Authority Act 1999 (the “Act”) places responsibility for strategic planning in London on the Mayor, and requires him to produce a Spatial Development Strategy for London (also known as the London Plan); which he is required to keep under review.
1.2 The Mayor has indicated that he would like a new London Plan to be adopted as soon as possible. As part of the preparation of the London Plan, under both European and National Legislation, the Mayor is required to undertake a number of assessments.
1.3 Approval is sought to seek tenders through the Health & Safety and Environmental Services Framework to appoint a specialist consultant (or consortium of consultants) to prepare an IIA which will form the detailed technical evidence to support the assessment of the new London Plan. The IIA will include:
• Strategic Impact Assessment (SEA) required in accordance with European Directive 2001/42/EC.
• Sustainability Appraisal (SA) required under section 19 of the Planning and Compulsory Purchase Act 2004. Government guidance advises that it is possible to satisfy the requirement for an Sustainability Appraisal (SA) and an SEA in an integrated approach
• Equalities Impact Assessment (EqIA) in line with GLA guidance ensuring that due regard is given to equality considerations is accordance with the requirements of the Equality Act (2010) and to promote race disability and gender equality are met.
• Health Impact Assessment (HIA) incorporated into the IIA will ensure that the Mayor’s duty pursuant to section 30 of the Act to promote the reduction of health inequalities and have regard to the effects of his strategies on reducing health inequalities is met.
• Community Safety Impact Assessment (CSIA) in line with the Mayor’s duty pursuant to Section 17 of the Crime and Disorder Act 1998 to do all that reasonably can be done to prevent crime and disorder and for all his strategies to have due regard to the likely effect on crime.
1.4 Approval is also sought to seek tenders through the Health & Safety and Environmental Services Framework (Transport for London Commercial team (who undertake GLA procurement) have advised that the GLA is able to use this framework and are assisting with this tender exercise) to appoint a specialist consultant (or consortium of consultants) to prepare a Habitats Regulations Assessment (HRA) in line with European Directive 92/43/EC regulations and the advice of Natural England.
1.5 The skills set required for the HRA are specialised. Therefore, in order to ensure that the most appropriate consultants are contracted, the decision has been made to procure a separate consultant for the HRA.
1.6 The IIA and HRA are statutory requirements that review each policy and the overall effect of the proposed Plan. The recently commission evidence agreed under ADD 2000 (Biodiversity Habitat in the Review of the London Plan) and ADD 2001 (Sites of Metropolitan Importance for nature conservation) will inform the development of individual policies and will inform the evidence base that supports the IIA and HRA. Whilst all pieces of work inform the development of the new London Plan, the statutory assessments and the development of the evidence base perform different functions.
Integrated Impact Assessment
2.1 As per the project brief in Attachment 1 the key project tasks for the preparation of the IIA to inform the full review of the London Plan are:
• to provide a written technical review as well as verbal feedback and assist with the finalising of the Scoping Report as a ‘critical friend’;
• to provide a written review as well as verbal feedback of the strategic issues and scenarios for the full review of the London Plan, including documentation of any recommendations for the refinement of the scenarios;
• to facilitate a workshop on the draft IIA scoping report that will feed into the draft IIA report;
• to undertake an IIA appraisal of the draft policies of the full review of the London Plan and prepare a report detailing this process and its outcomes that will assist the Mayor and the GLA to meet their duties and the requirements of the European Directive for SEA, SA, EqIA, CSIA, and HIA
• present the findings and recommendations of the draft IIA report to GLA colleagues;
• if required, to review relevant responses to the public consultation on the draft full review of the London Plan and the IIA report, and where necessary revise the IIA report prior to any Examination in Public for the full review of the London Plan;
• if required, to review relevant outcomes of the Examination in Public for the full review of the London Plan and where necessary revise the IIA report prior to adoption of the Plan.
Habitats Regulations Assessment
2.2 As per the project brief in Attachment 2 the key project tasks for the preparation of the HRA to inform the full review of the London Plan are:
2.3 An HRA screening report that should cover the following:
• Description of the role and purpose of HRA and the EU Habitats Directive; and
• Review of baseline information on all Natura 2000 and Ramsar sites within and adjoining the Region, including qualifying features, conservation objectives, summary of factors that maintain site integrity, existing trends and pressures
• Assessment of potential impacts resulting from the policies in the new London Plan.
2.4 If required, the full HRA process should then be completed and presented in a HRA report that should cover the following:
• A detailed assessment of how the effects identified in the screening report will impact on the integrity of European site(s).
• Alternatives and/or mitigation options that detail how the effects identified can be effectively avoided or mitigated.
3.1 The proposal is in accordance with the Greater London Authority’s Equalities Framework in relation to procurement. Consultants will be asked to demonstrate how they comply with the Mayor’s Equality and Diversity Policy Statement and related documents.
3.2 The Integrated Impact Assessment includes an Equalities Impact Assessment which includes requires the evaluation of the likely potential impacts, both positive and negative, of the London Plan on those with protected characteristics (age, disability, gender reassignment, pregnancy and maternity, race, gender, religion or belief, sexual orientation.
a) key risks
4.1 If during the public consultation of the London Plan or the during the Examination in Public, the draft London Plan policies are amended to such an extent that it is deemed necessary that the policies require a further assessment then this will result in the need for a further period of public consultation which, in turn, will delay the over London Plan programme by up to 2 months.
4.2 In terms of the HRA, if the screening report shows that the draft policies in the London Plan have the potential to have significant adverse impacts on the integrity of European site(s), the monitoring of these sites will be required. This would take 1 year and could delay the public consultation of the London Plan by a further 7 months.
b) links to Mayoral strategies and priorities
4.3 The IIA and HRA are legal requirements for the preparation of the London Plan, which is the overarching framework for all the Mayor’s other strategies.
4.4 The Scoping Report for the IIA for the London Plan will also form the basis for the Scoping Reports and IIAs for the other Mayoral Strategies. An internal GLA steering group has been set up which includes the leads from each of the other Mayoral statutory strategies with the purpose to develop a framework which will be applied to the IIAs for each strategy, including the London Plan. The framework will include a common set of IIA objectives to be used for the assessment stage of the IIAs for each strategy. The guide questions which sit underneath each of the IIA objectives would be relevant and specific for the individual strategies.
c) impact assessments and consultations
4.5 In line with the Planning and Compulsory Purchase Act 2004, the GLA is required to carry out a SA and report on the findings of the appraisal of any review or replacement of the London Plan. There is also a requirement for an Strategic Environmental Assessment in accordance with European Directive 2001 / 42 / EC “ the assessment of the effects of certain plan and programmes on the environment” and a Habitats Regulation Assessment in accordance with European Directive 92/43/EEC on the "conservation of natural habitats and wild fauna and flora for plans" that may have an impact of European (Natura 2000) Sites. If an IIA incorporating these statutory elements is not carried out, the replacement London Plan cannot be adopted.
Integrated Impact Assessment
5.1 Approval is being sought for the total expenditure of £ 170,000 to procure specialist technical services for an Integrated Impact Assessment and a Habitats Regulations Assessment for the new London Plan.
5.2 The contract will be procured over 3 financial years from 2016/17 to 2018/19.
5.3 The proposed expenditure will be funded from the existing Statutory Strategies budget in the relevant years.
5.4 Any changes to this proposal, including budgetary implications will be subject to further approval via the Authority’s decision-making process. All appropriate budget adjustments will be made.
6.1 The Mayor is required to prepare and publish a Spatial Development Strategy (known as the London Plan) under section 334 of the Act 1999. The Strategy must include his general policies in respect of the development and use of land in Greater London and must deal only with matters which are of strategic importance.
6.2 The Mayor has a duty under Section 340 of the Act to keep this strategy under review and he can under section 341(1)(a) of that Act at any time prepare and publish alterations of the strategy.
6.3 Sections 1 to 4 of this report indicate that in formulating the proposals in respect of which a decision is sought officers have complied with the GLA’s related statutory duties to:
• pay due regard to the principle that there should be equality of opportunity for all people (further details on equalities are set out in section 3 above) and to the duty under section 149 of the 2010 Act to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation as well as to advance equality of opportunity and foster good relations between people who share a protected characteristic and those who do not;
• 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
• consult with appropriate bodies.
6.4 Officers have indicated in paragraph 1.4 and 1.5 of this report that the framework under which it is proposed that the consultancy services are required are to be “called off” can be used on behalf of bodies such as the GLA in accordance with relevant procurement law.
6.5 Officers must ensure that the consultancy services required must be procured fully in accordance with the requirements of that framework and appropriate “call-off” documentation is put in place and executed by the successful bidders(s) and the GLA before the commencement of the services.
Signed decision document
MD2025 Integrated Impact Assessment (signed) PDF