MD3139 Air quality projects 2023-26

1.1.    The Air Quality team, within the Transport, Infrastructure and Connectivity Unit, undertakes a range of activities which include support in implementing the London Environment Strategy (LES), the London Plan, the Mayor’s Transport Strategy (MTS) and the London Recovery Green New Deal Mission. The team also develops inventories of data and undertakes monitoring, which supports the delivery of Mayoral priorities and enables evaluation of Mayoral policies.
1.2.    Improving air quality is a public health priority. Analysis from Imperial College London shows that toxic air contributed to the premature deaths of around 4,000 Londoners in 2019. There is also strong scientific evidence of the acute health effects of short-term exposure to very high levels of pollution, such as those experienced during an air pollution episode. It is essential that coordinated action is taken to reduce exposure, especially for the most vulnerable (such as schoolchildren and the elderly), and to reduce health inequalities. London is currently in breach of legal limits for nitrogen dioxide (NO2), for which the Government’s Air Quality Action Plan (2017) requires measures to bring the city into compliance as quickly and effectively as possible by or before 2025. 
1.3.    On 16 December 2020 the Assistant Coroner for Inner South London (the Coroner) concluded that exposure to excessive air pollution contributed to the death of nine-year-old Ella Adoo-Kissi-Debrah in 2013. The medical cause of her death was given as acute respiratory failure, severe asthma and, for the first time in the UK, air pollution exposure. The Coroner published a Prevention of Future Deaths Report on 20 April 2021 setting out areas of concern to be considered by central Government, the Mayor, the London Borough of Lewisham and other organisations. The Mayor has formally replied, setting out his commitment to implementing those recommendations relevant to the GLA and Transport for London (TfL) and supporting the implementation of other recommendations.  
1.4.    In September 2021, the WHO adopted new recommended guidelines for both PM2.5 and NO2. These targets are based on the best available health evidence, and the Mayor wishes to achieve them as quickly as possible on the basis that not only will doing so achieve UK limit values, but also as a means of going beyond minimum UK limit values and (when they are attained) endeavouring to achieve the best air quality compatible with sustainable development. 
1.5.    In January 2023, the Government adopted two legally binding targets for PM2.5 under the Environment Act 2021. The first sets out to meet the WHO interim target of 10ug/m3 by 2040. The second target, an “exposure target”, calls for a 35 per cent reduction in population exposure by 2040. The Mayor has already set out his ambition of meeting the WHO interim target for PM2.5 by 2030 and is using his various powers through planning, for example, to help reduce exposure.
1.6.    Action to tackle toxic air pollution also makes an important contribution to the Mayor’s plans to meet net-zero by 2030 and tackle the climate emergency. The Mayor’s work to promote active travel and cleaner technologies is a crucial part of addressing both air quality and climate. There are also strong links between episodes of climate change and high pollution, as demonstrated by the high ozone-pollution incident coinciding with the heat wave on 18 and 19 July 2022.
1.7.    Further information on air quality, including why it is a public health priority and the Mayor’s strategy for addressing it, is provided in the London Environment Strategy (LES) and MTS Proposal 24.1.
 

2.1.    The GLA’s work to improve air quality supports the delivery of the London Recovery Green New Deal Mission, which will help London to recover by sustaining economic growth, supporting jobs and creating new ones. The Green New Deal Mission will support London to become a zero-carbon, zero-pollution city by 2030; and a zero-waste city by 2050. It will help make London better adapted to climate change and healthier for its citizens.
2.2.    The air quality projects will also contribute to the following LES objectives:  
•    Objective 4.1 – Support and empower London and its communities, particularly the most disadvantaged and those in priority locations, to reduce their exposure to poor air quality 
•    Objective 4.2 – Achieve legal compliance with UK and EU limits as soon as possible, including by mobilising action from London boroughs, Government and other partners 
•    Objective 4.3 – Establish and achieve new, tighter air quality targets for a cleaner London by transitioning to a zero emission London by 2050, meeting WHO health-based guidelines for air quality. 
2.3.    In addition, the projects will continue the GLA’s work to address the main themes explored during the Ella Adoo-Kissi-Debrah inquest. All of the main elements of the projects described in the table at paragraph 2.5 will play a role in addressing air pollution and preventing future deaths of this nature. The key work areas raised during the inquest were:

•    the importance of continued efforts to reduce air pollution in London
•    the provision of effective training, resources and support to local authorities charged with addressing local air-pollution levels
•    the importance of addressing traffic and pollution on busy trunk roads
•    improved provision of public information about the dangers of air pollution
•    wider engagement with the medical and public health sectors
2.4.    In October 2021, the Mayor expanded the ULEZ to inner London. To build on the success of the ULEZ in reducing air pollution, carbon emissions and traffic, on 24 November 2022 the Mayor confirmed the expansion of the ULEZ London-wide in August 2023. While the Mayor’s policies have been effective in reducing transport emissions, further action to reduce pollution from non-transport sources will be necessary for London to meet the 2021 WHO guidelines for NO2 and PM2.5. The programme of projects outlined in this MD will provide the research and evidence required to support further policy development to tackle emissions from non-transport sources. This programme of projects aligns with the MTS proposal 24.1.
2.5.    The table below sets out a number of projects, their expected outputs, overall costs and expenditure-related decisions.  

3.1.    The GLA and other public authorities 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, under section 149 of the Equality Act 2010. This involves having due regard to the need to remove or minimise any disadvantage suffered by those who share a relevant protected characteristic; taking steps to meet the different needs of such people; and encouraging them to participate in public life or in any other activity where their participation is disproportionately low. 
3.2.    The protected characteristics and groups are age, disability, gender reassignment, pregnancy and maternity, race, sex, religion or belief, sexual orientation and marriage/civil partnership status. Compliance with the Equality Act may involve treating people with a protected characteristic more favourably than those without the characteristic. The duty must be exercised with an open mind, and at the time a decision is taken in the exercise of the GLA’s functions. Conscientious regard must be had that is appropriate in all of the circumstances.  
3.3.    In January 2019 the GLA published analysis on exposure to air pollution showing not only that there are huge health impacts of pollution, but also that they disproportionately impact the most vulnerable; more deprived people; and Black, Asian and Minority Ethnic communities. This means that improving air quality is fundamentally about tackling social injustice and health inequalities. 
3.4.    The report considered pollution exposure in London and how exposure varies by age, indicators of relative deprivation and ethnic group. It also looks at total exposure (broken down by borough) and exposure at schools. Through this research, the GLA sought to understand inequalities in access to clean air in London; and to consider how this will be improved by planned air pollution controls. 
3.5.    The research showed that, on average, the most deprived 10 per cent of the population in London are exposed to concentrations of NO2 which are 25 per cent higher than the least deprived 10 per cent of the population. It is important to note that hidden within this are pockets of extreme wealth with very high levels of exposure, e.g. those living in parts of Westminster, or the Royal Borough of Kensington and Chelsea. 
3.6.    In terms of ethnicity, research has found there are on average higher concentrations of NO2 in areas that have higher percentages of non-White ethnic groups, with a particularly skewed distribution for the Black/African/Caribbean/Black British population. A greater proportion of mixed, Black and other ethnic groups are exposed to levels of pollution that exceed the NO2 limit value than their proportion of the total population.
3.7.    However, new research published  in October 2021 showed that, as a result of the Mayor’s policies, the gap between the most and least deprived areas for exposure to NO2 has narrowed by up to 50 per cent. 
3.8.    The projects set out in this MD will benefit all Londoners; however, due to the unequal impacts of pollution on the most vulnerable Londoners, there is likely to be a positive effect in tackling social and health inequality. Having a better understanding of the geographical variation in the health risks of long-term exposure to air pollution will also create new opportunities to take targeted and effective action.  Equalities impacts will continue to be assessed and taken into account on a project by project basis.  
 

Key risks and issues

Links to Mayoral strategies and priorities
4.1.    The actions proposed above will contribute to delivering the LES, and as part of the Green New Deal Mission, enabling London to have the best air quality of any major world city by 2050, going beyond the legal requirements to protect human health and minimise inequalities.
4.2.    In addition to the wider objectives listed at paragraph 2.1 and 2.2, the LES sets out the following commitments relating to the projects outlined above:

•    Policy 4.1.2: Improve the understanding of air quality health impacts to better target policies and action
•    Policy 4.2.2: Reduce emissions from non-road transport sources, including by phasing out fossil fuels
•    Policy 4.3.4: Work to reduce exposure to indoor air pollutants in the home, schools, workplace and other enclosed spaces
•    Proposal 4.1.1.b: The Mayor will aim to do more to protect London’s young and disadvantaged people by reducing their exposure to poor air quality, including at schools, nurseries, other educational establishments, care homes and hospitals
•    Proposal 4.1.1a: The Mayor will provide better information about air quality, especially during high and very high pollution episodes, and use emergency measures where appropriate. 
•    Proposal 4.2.3.d The Mayor will work with government to seek reductions in emissions from large scale generators producing power for commercial buildings in London 
•    Proposal 4.2.4.a: The Mayor will use the LLAQM framework to assist boroughs and require them to exercise their statutory duties to improve air quality in accordance with that framework, and will exercise statutory powers as required
•    Proposal 4.3.1.a: The Mayor will set new concentration targets for PM2.5, with the aim of meeting World Health Organization guidelines by 2030
•    Proposal 4.3.2.e: The Mayor will work with the industry and other partners to seek solutions to reduce emissions from tyre and brake wear.
4.3.    The Mayor is committed to building a safer, fairer, greener and more prosperous London for everyone and his air quality programme is a key part of that vision. The Green New Deal mission aims to tackle the climate and ecological emergencies and improve air quality by doubling the size of London’s green economy by 2030 to accelerate job creation for all.
4.4.    The Air Quality Forecast and Alert System will also contribute to delivering Proposal 26 of the MTS:
•    Proposal 26: The Mayor, through TfL and boroughs, will create a comprehensive alert system to inform Londoners about air-pollution episodes; and, where appropriate, will implement additional emergency measures to reduce or restrict vehicle use when forecast or actual periods of very high air pollution risk have the potential to cause immediate adverse health effects.
Impact assessments and consultations
4.5.    A comprehensive Integrated Impact Assessment (IIA) was undertaken to support the LES, which covered air quality. The IIA found that the GLA had considered aspects for improving London’s air quality based on four policy options. This was recognised in the LES IIA as the most effective approach for addressing human health impacts. The LES includes targets for some of the pollutants identified in the IIA recommendations. 
4.6.    A consultation on proposals to expand the ULEZ London-wide was launched on 20 May 2022 and closed on 29 July 2022. Outputs from the consultation and comprehensive impact assessment for the expanded ULEZ (published May 2022) were considered during the design of the scheme and taken into account before a decision was taken
4.7.    Evaluation of the impact of the air quality programme as a whole will be delivered through the London Atmospheric Emissions Inventory, which estimates key pollutants across London and is updated every three years. The LLDC will be required to produce an evaluation of the 3 Mills hook up project as part of the funding agreement.   
Conflicts of interest
4.8.    There are no known conflicts of interest to note for any of those involved in the drafting or clearance of this decision.
 

5.1.    Approval is requested for the following:
•    revenue expenditure of up to £357,000 across 2023-24 to 2025-26 financial years to deliver the air quality projects listed below
•    capital expenditure of up to £150,000.  
5.2.    The £150,000 capital expenditure will be funded by underspend on LEAP Growth Funding, previously approved in DD2455 with the reallocation confirmed at the LEAP Programme Board on 23 March 2023 following review of the 2022-23 financial position.
5.3.    The revenue expenditure of £240,000 for 2023-24 will be funded from the approved air quality revenue budget 2023-24. The revenue expenditure for 2024-25 and 2025-26 is affordable within the indicative planned budgets for these years set as part of the 2023-24 budget setting process but will require approval as part of the formal budget setting process in future years.
5.4.    To mitigate any risk of the programme not being sufficiently resourced in future years to cover costs following the budget-setting process, any contractual agreements will include standard break clauses that could potentially be exercised if required.
5.5.    The breakdown of this expenditure across the various air quality projects can be seen below as well as the planned profile of the expenditure (the table summarises section 2.5, above):

5.6.    All relevant budget adjustments will be made. 

6.1.    The Mayor has been delegated responsibility by the Secretary of State for air quality in London and given supervisory functions in relation to the London boroughs local air quality management duties under the Environment Act 1990. The proposed activities and associated expenditure to support the air quality programme set out in this Decision fall within section 30 of the GLA Act 1999 (“the Act”), on the basis that they further the promotion of the improvement of London’s environment and/or facilitate or are conducive or incidental to the exercise of those functions under section 34 of the Act. They also support the provisions of the Mayor’s LES and MTS (as amended) in particular those strategies’ policies, proposals and other provisions dealing with air quality and his duties under section 362 of the Act. The Mayor considers it appropriate to achieve WHO guidelines as a means of both achieving UK limit values as soon as possible by the most effective means, and when attained, endeavouring to achieve the best air quality compatible with sustainable development consistent with regulation 17 of the Air Quality Standards Regulations 2010.
6.2.    In taking any decisions sought, the Mayor 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) and persons who do not (section 149 of the Equality Act 2010). To this end, the Mayor should have particular regard to section 3 (above) of this report.
6.3.    If the Mayor makes the decisions sought, officers must ensure that:
•    no reliance is placed upon nor commitments made which rely upon third party funding (including the LLDC funding mentioned in the table at section 2.5 above) until binding commitments have been secured from such funders  
•    all services, supplies or works required are procured in liaison with TfL Procurement and in accordance with the GLA’s Contracts and Funding Code and contracts are put in place between and executed by the GLA and contractors before commencement of such services 
•    any grant funding that it may be proposed is awarded is awarded fairly, transparently, in accordance with the GLA’s equalities policies and obligations and  with the requirements of GLA’s Contracts and Funding Code and funding agreements are put in place between and executed by the GLA and recipients before any commitment to fund is made (noting that the only limitation that may be placed upon the LLDC’s use of the proposed GLA funding for the 3 Mills project is that it may only be used to meet capital expenditure).   
6.4.    In addition, to the extent that the proposals in respect of which decisions are sought involve the making of commitments which extend beyond the current Mayoral term, officers must ensure that the terms of all agreements entered into in respect of the expenditure do not have the effect of fettering the discretion of any successor administration, considering in particular the London elections taking place in May 2024. Accordingly, officers must ensure that all agreements which involve making such commitments include a GLA right to terminate at any point for convenience (at no cost to the GLA) and all such agreements are managed in such a manner, and any deliverables, milestones and/or output requirements are structured so as to mitigate risks of the GLA incurring abortive expenditure (which might be reasonably be taken to fetter, practically, the exercise of such discretion).