Agenda item

The Board gave consideration to a report which set out the progress that had been made following the Government’s response to Greater Manchester’s Outline Business Case to tackle Nitrogen Dioxide Exceedances at the Roadside (OBC) and the implications for the 10 Greater Manchester (GM) local authorities related to the schedule of work and statutory consultation on the Clean Air Plan.

In March 2018, the Secretary of State issued a Direction under the Environment Act 1995 which required Oldham Council to produce a feasibility study to identify the option which would deliver compliance with the requirement to meet legal limits for nitrogen dioxide in the shortest possible time.  The Council complied with this Direction by the production of a feasibility study submitted to the government’s Joint Air Quality Unit (JAQU) in July 2018.  The Council was also required to address the exceedances that had been identified within its boundary during the Target Determination Exercise and the Council confirmed in its supplemental plan that the exceedance identified in Oldham was being addressed as part of the Greater Manchester plan.  This had been acknowledged by Government.

Oldham Council had, therefore, been developing the study collectively with the other 9 Greater Manchester local authorities and the GMCA, coordinated by Transport for Greater Manchester (TfGM) in line with Government direction and guidance.  An Outline Business Case was duly submitted on 25 March 2019 at the Council’s Cabinet meeting for submission to the government’s Joint Air Quality Unit (JAQU).

Members noted the delay arising from the ministerial feedback and lack of clarity on the direction, JAQU guidance and GM’s legal obligations related to the options appraisal process which meant that consultation would take place later than originally planned.  Consultation must comply with the relevant public law principles summarised in the report.  Despite the delay in consultation, GM must continue to proceed towards developing the implementation and contract arrangements of a charging Clean Air Zone utilising the initial tranche of £36m of funding.

Officers would continue to work with JAQU to clarify the 2019 Ministerial Direction, JAQU guidance and GM’s legal obligations related to the options appraisal process, and the implications of that to the schedule of work and timings for consultation on the plan, continue dialogue with JAQU to secure a clear response from government on clean vehicles funding asks and continue stakeholder engagement and awareness raising with both groups in the scope of the Clean Air Zone and the general public.

Members were informed of enforcement cameras in place, real time monitoring, links to schools and exceedances.

Members sought and received clarification on the following:

·       EU Standards and if these would change – it was confirmed that these were entrenched in law.

·       Consultation Format – new one would be sharper.

·       Type of engines effective – petrol and diesel.

·       Fines for Clean Air Zones and idling – Members were informed of the Taxi Working Group and an outline business case which had been submitted for funding to help drivers change to compliant vehicles; work ongoing with the Hackney Carriage Coalition at GM and UK wide.  Members were also informed of legislation in place which allowed for enforcement around idling.  Officers can ask drivers to switch off the engine and issue a fixed penalty notice.  Greater Manchester and TfGM have sent a letter requesting more draconian enforcement measures which wold allow more opportunities to fund enforcement officers.  Members were also informed of an advertising campaign and school developed projects.

·       Breaches of air quality – Members were informed of monitoring on road networks, modelling of traffic flows and the regulatory role of Environmental Health.

·       Work with the food industry regarding delivery trucks and work with the Chamber of Commerce

Members asked about the timeline and an indication of future updates and were informed that it was intended to start consultation in late June, the clean air zone implementation was due in 2021.  An update could be received by Overview and Scrutiny in December 2020.

RESOLVED that:

1.       The progress on the Greater Manchester Clean Air Plan be noted.

2.       The ministerial direction under the Environment Act 1995 (Greater Manchester) Air Quality Direction 2019 which required all ten of the Greater Manchester local authorities to implement a charging Clear Air Zone Class C across the region be noted.

3.       The Cabinet Member for Neighbourhoods Services had been requested to co-sign a letter from the GM Authorities to the Transport Secretary asking them to bring forward the launch of a statutory consultation to strengthen rule on vehicle idling be noted.

4.       An update be received by Overview and Scrutiny in December 2020.