344 Amendments of the Town and Country Planning Act 1990.
(1) The Town and Country Planning Act 1990 shall be amended as follows.
(2) In section 12 (preparation of unitary development plan) after subsection (3B) there shall be inserted—
(3C) In the case of a London borough, Part I of the unitary development plan shall be in general conformity with the spatial development strategy for the time being in force.
(3) In subsection (7) of that section (Part II to be in general conformity with Part I) after “Part I” there shall be inserted “ and, in the case of a London borough council, with the spatial development strategy ”.
(4) In section 13 (public participation) after subsection (1) there shall be inserted—
(1A) Where the local planning authority for a London borough have prepared a unitary development plan, they shall, before complying with subsection (2), make an application in accordance with regulations under section 26 to the Mayor of London for his written opinion whether the unitary development plan is in general conformity with the spatial development strategy.
(5) After subsection (5) of that section there shall be inserted—
(5A) If, on an application under subsection (1A), the opinion given by the Mayor of London in accordance with regulations under section 26 is that the unitary development plan is not in general conformity with the spatial development strategy, the giving of the opinion shall be treated as the making by the Mayor of objections in accordance with the regulations.
(6) In section 15 (adoption of unitary development plan by local planning authority) after subsection (2) there shall be inserted—
(2A) A unitary development plan shall not be adopted by a London borough council unless Parts I and II of the plan are in general conformity with the spatial development strategy.
(7) After section 21 there shall be inserted—
Greater London: conformity with spatial development strategy
“Greater London: conformity with spatial development strategy.
21A (1) Where—
(a) a local planning authority in Greater London propose to make, alter or replace a unitary development plan;
(b) copies of proposed alterations of, or of a proposed new spatial development strategy to replace, the spatial development strategy have been made available for inspection under section 335(2) of the Greater London Authority Act 1999; and
(c) the local planning authority include in any relevant copy of the plan or proposals a statement that they are making the permitted assumption,
the permitted assumption shall, subject to subsection (4), be made for all purposes (including in particular any question as to conformity between the plan and the spatial development strategy).
(2) In this section “the permitted assumption” means the assumption that—
(a) the proposed alterations or new spatial development strategy mentioned in subsection (1)(b); or
(b) if any proposed modifications to those proposed alterations or that new spatial development strategy have been published in accordance with regulations made under section 343 of the Greater London Authority Act 1999, the proposed alterations or spatial development strategy as so modified,
have become operative under section 337(9) of that Act.
(3) For the purposes of subsection (1)(c) a copy is a relevant copy of a plan or proposals if it is served on the Greater London Authority.
(4) The permitted assumption shall not be made at any time after the local planning authority know that the proposed alterations or new spatial development strategy mentioned in subsection (1)(b) have been withdrawn. ”
(8) In section 26 (regulations and directions) in subsection (2), after paragraph (b) there shall be inserted—
(bb) make provision with respect to the making of an application to the Mayor of London for a written opinion under section 13(1A) and the giving by him of such an opinion (including provision as to the time within which such an application or opinion must be made or given);
.
(9) In section 74 (directions etc as to method of dealing with applications) after subsection (1A) there shall be inserted—
(1B) Provision may be made by a development order—
(a) for enabling the Mayor of London in prescribed circumstances, and subject to such conditions as may be prescribed, to direct the local planning authority for a London borough to refuse an application for planning permission of a prescribed description in any particular case;
(b) for prohibiting a local planning authority to which any such direction is given from implementing the direction in prescribed circumstances or during prescribed periods; and
(c) for modifying any provision of this Act relating to an appeal against a refusal of planning permission (and, in particular, any such provision concerning parties or costs) in its application in relation to a refusal in compliance with such a direction;
and in the preceding provisions of this subsection “prescribed” means prescribed by, or by directions made under, a development order.
(1C) In determining whether to exercise any power under subsection (1B) to direct a local planning authority to refuse an application, the Mayor of London shall have regard to—
(a) the development plan, and
(b) the spatial development strategy prepared and published under Part VIII of the Greater London Authority Act 1999,
so far as material to the application.
(10) In section 336 (interpretation) the following definition shall be inserted at the appropriate place in subsection (1)—
“spatial development strategy” shall be construed in accordance with Part VIII of the Greater London Authority Act 1999 (planning);
.
345 Town and Country Planning Act 1990: costs of appeals.
After section 322A of the Town and Country Planning Act 1990 there shall be inserted—
Local inquiries in London: special provision as to costs in certain cases.
322B (1) This section applies where—
(a) the local planning authority for a London borough refuse an application for planning permission,
(b) that refusal is in compliance with a direction made by the Mayor of London in accordance with provision made in a development order by virtue of section 74(1B)(a), and
(c) an appeal against the refusal is made to the Secretary of State under section 78.
(2) If the Secretary of State causes a local inquiry to be held under section 320(1) to determine the appeal, in its application to the inquiry section 250 of the 1972 Act shall be treated as if—
(a) for subsection (4) there were substituted the subsection set out at subsection (5) below, and
(b) for subsection (5) there were substituted the subsection set out at subsection (6) below.
(3) If the appeal does not give rise to a local inquiry under section 320, in the application of section 322(2) in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(4) If arrangements are made for a local inquiry in relation to the appeal and the inquiry does not take place, in the application of section 322A in relation to the appeal the reference to section 250(5) of the 1972 Act shall be treated as if it were a reference to that provision as modified by subsection (2)(b) above.
(5) The subsection referred to in subsection (2)(a) above is as follows—
“( ) Where this subsection applies to an inquiry, the costs incurred by the Secretary of State in relation to the inquiry shall be paid—
(a) by the Mayor of London, if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission, or
(b) if the Mayor is a party or if the Secretary of State does not so decide, by such local authority or party to the inquiry as he may direct;
and the Secretary of State may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by the Mayor or by any authority or person shall be recoverable from the Mayor or from that authority or person by the Secretary of State summarily as a civil debt. ”
(6) The subsection referred to in subsection (2)(b) above is as follows—
“( ) Where this subsection applies to an inquiry, or to costs incurred for the purposes of an inquiry, the Secretary of State may make orders as to the costs of the parties to the inquiry and as to the parties by whom the costs are to be paid; and—
(a) the parties by whom the costs are ordered to be paid may include the Mayor of London if he is not a party to the inquiry and if the Secretary of State decides that the Mayor acted unreasonably in making the direction in accordance with which the local planning authority refused the planning permission;
(b) every such order may be made a rule of the High Court on the application of any party named in the order. ”
(7) In this section “the 1972 Act” means the Local Government Act 1972.
It shall be the duty of the Mayor—
(a) to monitor the implementation of the spatial development strategy;
(b) to monitor the local plan, any document which is or forms part of a minerals and waste plan and any supplementary plans (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004) of each London borough council; and
(c) to monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the spatial development strategy.
347 Functional bodies to have regard to the strategy.
In exercising any function, each of the functional bodies shall have regard to the spatial development strategy , but this is without prejudice to sections 15CA(2) and 15CC(7) of the Planning and Compulsory Purchase Act 2004 (which require local plans, minerals and waste plans and supplementary plans to be in general conformity with the strategy).
348 Mayor’s functions as to planning around Greater London.
(1) The Mayor shall inform—
(a) the local planning authorities for areas in the vicinity of Greater London,
(b) any body on which those authorities are represented, or
(c) any other body which the Mayor considers should be informed,
of his views concerning any matters of common interest, whether general or specific, relating to the planning or development of Greater London or those areas.
(2) The Mayor may also inform those authorities, or any such body, of his views concerning any other matters, whether general or specific, relating to the planning or development of those areas.
(3) The Mayor shall from time to time consult the London borough councils about the exercise of his functions under this section.
(4) The Mayor may make contributions towards defraying the expenses of any body on which the Authority is represented for the purpose of facilitating the discharge of the Mayor’s functions under this section.
349 Abolition of joint planning committee for Greater London.
The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 and continued by section 3 of the Town and Country Planning Act 1990 is abolished by this section.
(1) In this Part, except where the context otherwise requires,—
“prescribe” means prescribe by regulations;
“regulations” means regulations made by the Secretary of State;
“representations made in accordance with the regulations” shall be construed in accordance with section 335(7) above.
(2) For the purposes of this Part—
(a) the City of London shall be treated as if it were a London borough;
(b) the Common Council shall be treated as if it were the council for a London borough; and
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
(1) The Mayor shall prepare and publish a document to be known as the “London Environment Strategy” (“the Strategy”).
(2) The Strategy must contain a general assessment by the Mayor of the environment in Greater London, so far as relevant to the functions of the Authority or of the Mayor.
(3) The Strategy must contain provisions dealing with the Mayor's policies and proposals in relation to each of the following matters in relation to Greater London—
(a) biodiversity;
(b) municipal waste management;
(c) climate change mitigation and energy;
(d) adaptation to climate change;
(e) air quality; and
(f) ambient noise.
(4) The provisions of the Strategy dealing with a matter specified in a paragraph of subsection (2) must also contain anything required to be included in them by any other provision of this Act.
(5) The Strategy may also include provisions dealing with the Mayor's policies and proposals in relation to any other matter relating to the environment in Greater London.
(6) In preparing or revising the provisions of the Strategy dealing with a matter mentioned in subsection (3), the Mayor's duty under section 42(1)(e) applies as if it were a duty to consult any person or body whom the Mayor considers it appropriate to consult in relation to those provisions (and section 42(2) applies accordingly).
(7) Where the Strategy is revised, the Mayor must publish it as revised.
(8) In this Act references to the London Environment Strategy include, unless the context otherwise requires, a reference to the Strategy as revised.
(1) The Secretary of State may give to the Mayor guidance—
(a) about the content of the London Environment Strategy;
(b) in relation to the preparation or revision of that Strategy.
(2) The guidance that may be given under subsection (1)(a) includes guidance as to matters which the Secretary of State considers the Mayor should, or should not, consider dealing with by formulating policies and proposals under section 351A(5).
(3) The guidance that may be given under subsection (1)(b) includes—
(a) guidance specifying or describing the bodies or persons whom the Secretary of State considers the Mayor should consult in preparing or revising the London Environment Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance;
(b) guidance as to the evidence of environmental change or its consequences, or the predictions of environmental change or its consequences, to which the Secretary of State considers the Mayor should have regard in preparing or revising that Strategy or, as the case may be, the provisions dealing with a matter specified in the guidance.
(4) In preparing or revising the London Environment Strategy the Mayor must have regard to any relevant guidance given under this section.
351C Directions as to the content of the London Environment Strategy
(1) Where the Secretary of State considers that any of the conditions specified in subsection (2) is satisfied in relation to any provisions of the London Environment Strategy, the Secretary of State may give the Mayor a direction as to the content of those provisions.
(2) The conditions are—
(a) that the provisions are inconsistent with any policies announced by Her Majesty's government with respect to the matters to which they relate and the inconsistency would have a detrimental effect on achieving any of the objectives of those policies;
(b) that the provisions or their implementation are likely to be detrimental to any area outside Greater London;
(c) that the provisions are inconsistent with any EU obligation of the United Kingdom.
(3) A direction under this section may require the Mayor to make specified revisions of the London Environmental Strategy.
(4) The power of the Secretary of State to give a direction under this section may only be exercised after consultation with the Mayor.
(5) Where the Secretary of State gives a direction under this section, the Mayor must comply with the direction.
352 The London Environment Strategy: biodiversity.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions of the London Environment Strategy dealing with biodiversity shall contain information about—
(a) the ecology of Greater London,
(b) the wildlife of Greater London and its habitat,
(c) any proposals for the conservation and promotion by the Mayor of biodiversity within Greater London, which have been agreed between the Mayor and any person or body he has consulted or intends to consult in relation to those provisions of the London Environment Strategy, and
(d) any commitments as to the conservation and promotion of biodiversity within Greater London made by any person or body who who the Mayor has consulted or intends to consult in relation to those provisions of the London Environment Strategy.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In preparing or revising the the provisions of the London Environment Strategy dealing with biodiversity the Mayor shall also—
(a) have regard to any plans relating to biodiversity prepared by a London borough council or the Common Council, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
353 The London Environment Strategy: municipal waste management.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions of the London Environment Strategy dealing with municipal waste management —
(a) shall contain the Mayor’s proposals and policies for the recovery, treatment and disposal of municipal waste, and
(b) may contain such other proposals and policies relating to municipal waste as he considers appropriate.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) In revising the provisions of the London Environment Strategy dealing with municipal waste management the Mayor is to have regard to any strategies which authorities in Greater London have for the purposes of section 32 of the Waste and Emissions Trading Act 2003 (joint waste management strategies for areas where disposal authority is not also collection authority).
(4) In preparing or revising the provisions of the London Environment Strategy dealing with municipal waste management the Mayor shall have regard to—
(a) the national waste management plan;
(aa) the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England), ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where the Secretary of State considers that the condition specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the provisions of the London Environment Strategy dealing with municipal waste management.
(2) The conditions mentioned in subsection (1) above are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) that a direction about the content of the provisions of the London Environment Strategy dealing with municipal waste management is required for the purposes of the implementation of the policies contained in the national waste management plan or of the policies contained in the strategy required by section 17 of the Waste and Emissions Trading Act 2003 (landfill strategy for England) .
(3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
(a) may be exercised either generally or specially, and
(b) may only be exercised after consultation with the Mayor.
(4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
(1) In exercising any function under Part II of the Environmental Protection Act 1990 (waste on land)—
(a) each of the waste collection authorities in Greater London, and
(b) each of the waste disposal authorities in Greater London,
shall act in general conformity with the provisions of the London Environment Strategy dealing with municipal waste management.
(2) Subsection (1) above has effect only to the extent that compliance by an authority with the requirements of that subsection does not impose excessive additional costs on the authority.
(3) For the purposes of this section, the Secretary of State may issue guidance for determining what is to be regarded as—
(a) acting in general conformity with the provisions of the London Environment Strategy dealing with municipal waste management, or
(b) imposing excessive additional costs on an authority.
(4) In discharging the duties imposed upon it by subsection (1) above (as read with subsection (2) above), an authority must act in accordance with any guidance issued under subsection (3) above.
(5) Any guidance issued under subsection (3) above shall be published by the Secretary of State in such manner as he considers appropriate.
(6) Nothing in this section, or in any guidance issued under it, requires an authority—
(a) to terminate a waste contract before the expiry of the term of the contract, or
(b) to do anything which would result in a breach of any term of a waste contract.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In any case where—
(a) an authority is required to comply with the Procurement Act 2023 in the awarding of a waste contract,
(b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract, and
(c) after the authority publishes or provides that notice, the Mayor revises the provisions of the London Environment Strategy dealing with municipal waste management,
(1) Where the Mayor considers that it is necessary for the purposes of the implementation of the provisions of the London Environment Strategy dealing with municipal waste management, he may give to a waste collection authority in Greater London, or a waste disposal authority in Greater London, a direction requiring the authority to exercise a function in a manner specified in the direction.
(2) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority—
(a) to terminate a waste contract before the expiry of the term of the contract; or
(b) to do anything which would result in a breach of any term of a waste contract.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) The Mayor may not give to an authority a direction under subsection (1) above requiring the authority to exercise a function in relation to the awarding of a waste contract if—
(a) the authority is required to comply with the Procurement Act 2023 in awarding that contract, and
(b) in compliance with that Act the authority publishes or provides the tender notice relating to the awarding of that contract.
(4) The power of the Mayor to give a direction to an authority under subsection (1) above—
(a) may be exercised either generally or specially, and
(b) may only be exercised after consultation with the authority concerned.
(5) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
(1) There shall be a body known as the London Waste and Recycling Board (referred to in this section and section 356B as “the Board”).
(2) The objectives of the Board are to promote and encourage, so far as relating to Greater London,—
(a) the production of less waste;
(b) an increase in the proportion of waste that is re-used or recycled;
(c) the use of methods of collection, treatment and disposal of waste which are more beneficial to the environment.
(3) For the purpose of achieving its objectives, the Board may provide financial assistance to any person towards or for the purposes of—
(a) the provision of facilities for or in connection with the collection, treatment or disposal of waste produced in Greater London;
(b) conducting research into new technologies or techniques for the collection, treatment or disposal of waste;
(c) securing, or assisting in securing, the performance of any function of a London borough council or the Common Council relating to waste.
(4) For the purpose of achieving its objectives, the Board may provide advice on such matters as it thinks fit to any of the following—
(a) the Mayor;
(b) any London borough council;
(c) the Common Council;
(d) such other persons as the Board thinks fit.
(5) In carrying out its functions under this section, the Board must—
(a) act in accordance with the provisions of the London Environment Strategy dealing with municipal waste management;
(b) act in general conformity with the spatial development strategy so far as relating to the collection, treatment and disposal of waste.
(6) The Board may do anything that it thinks will facilitate, or is incidental or conducive to, the carrying out of its functions under subsections (2) to (4) above.
(7) The Board does not have the power to borrow money.
(8) The Secretary of State may issue to the Board guidance as to the exercise of its functions.
(9) The Board shall have regard to any guidance issued under subsection (8) above.
(10) Any reference in this section to the collection, treatment or disposal of waste includes a reference to the transport of waste for or in connection with that purpose.
(1) The Secretary of State may by order make provision as to—
(a) the constitution of the Board;
(b) the appointment of its members (who must not be fewer than 7 nor more than 13 in number);
(c) the payment of allowances and expenses to its members;
and such other matters in connection with its establishment and administration as the Secretary of State thinks fit.
(2) The Board shall not be regarded—
(a) as the servant or agent of the Crown, or
(b) as enjoying any status, privilege or immunity of the Crown,
and the property of the Board shall not be regarded as property of, or property held on behalf of, the Crown.
(3) The Secretary of State may make payments by way of grant to the Board towards expenditure incurred or to be incurred by it.
(4) The amount of any grant and the manner of its payment are to be such as the Secretary of State may determine.
(5) Any grant may be paid on such conditions as the Secretary of State may determine.
(6) Conditions under subsection (5) above may, in particular, include—
(a) provision as to the use of the grant;
(b) provision as to circumstances in which the whole or part of the grant must be repaid.
(1) Where at the date on which this section comes into force a waste authority is a party to a waste contract, the authority shall, before the end of the period of 21 days beginning with the date on which this section comes into force, notify the Mayor of the date on which the term of the contract is due to expire.
(2) A waste authority which is a party to a waste contract shall—
(a) at least two years before the date on which the term of the contract is due to expire, but
(b) no earlier than three years before that date,
notify the Mayor of that date.
(3) Subsection (1) above is without prejudice to subsection (2) above.
(4) If at any time before the date on which the term of a waste contract is due to expire a waste authority which is a party to the contract—
(a) proposes to terminate or amend the contract, or
(b) receives notification from another party to the contract that the contract is or is proposed to be terminated or amended,
the authority shall as soon as reasonably practicable notify the Mayor.
(5) Where the Mayor has been notified by a waste authority under subsection (1), (2) or (4) above he may direct the authority to provide him with such information as he may require for the purposes of deciding whether—
(a) the arrangements which the authority is making to enter into a new contract,
(b) the terms upon which the authority is proposing to enter into a new contract, or
(c) the amendments or proposed amendments to the contract,
would be detrimental to the implementation of the provisions of the London Environment Strategy dealing with municipal waste management.
(6) Where the Mayor gives an authority a direction under subsection (5) above, the authority to whom the direction is given shall comply with the direction.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1ZA) Subsection (1A) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023 decides to publish a planned procurement notice relating to the awarding of the contract.
(1A) The authority shall not ...publish that notice the notice in question unless—
(a) it has notified the Mayor that it proposes to ... publish such a notice, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1BA) Subsection (1C) applies if, in the awarding of a waste contract, a waste authority in compliance with the Procurement Act 2023—
(a) has decided not to publish a planned procurement notice relating to the awarding of the contract, but
(b) decides to publish or provide a tender notice relating to the awarding of the contract.
(1C) The authority shall not publish or provide the notice in question unless—
(a) it has notified the Mayor that it proposes to publish or provide such a notice, and
(b) a period of at least 108 days beginning with the day on which the Mayor is so notified has elapsed.
(2) If in the awarding of a waste contract a waste authority is not required to comply with the Procurement Act 2023, the authority shall not enter into the contract unless—
(a) the authority has notified the Mayor that it proposes to enter into such a contract, and
(b) a period of at least 56 days beginning with the day on which the Mayor is so notified has elapsed.
(3) Where the Mayor has been notified under subsection (1A), (1C) or (2) above he may direct the waste authority to provide him with such information about the contract as he may require for the purposes of deciding whether the contract would be detrimental to the implementation of the provisions of the London Environment Strategy dealing with municipal waste management.
(4) Where the Mayor gives an authority a direction under subsection (3) above, the authority to whom the direction is given shall comply with the direction.
359 Confidential information about waste contracts.
(1) Nothing in section 357 or 358 above shall require a waste authority to provide any information if—
(a) the information has been provided to the waste authority by another person,
(b) that person has imposed requirements as to the maintenance by the waste authority of confidentiality in respect of the information (“confidentiality requirements”),
(c) the waste authority is, by virtue of provision contained in section 94 of the Procurement Act 2023 or in regulations made under that Act, not required to comply with an obligation that, apart from that provision, would otherwise apply to publish or disclose the information under that Act, and
(d) the provision of the information would be in breach of the confidentiality requirements.
(2) If at the time when information is provided by a waste authority to the Mayor under section 357 or 358 above the waste authority notifies the Mayor that, in the opinion of the authority, the information is confidential information or exempt information, the information shall not be disclosed—
(a) by the Mayor, except to a person appointed under section 67(1) or (2), 72(1), 73(1) or 127A(1) above, or
(b) by such a person, except to another such person.
(3) For the purposes of subsection (2) above—
“confidential information” has the meaning given by section 100A(3) of the Local Government Act 1972, but taking the reference to the council in paragraph (a) of that provision as a reference to the waste authority;
“exempt information” shall be construed in accordance with section 100I of that Act, but taking references to a principal council in paragraph 1(2) of Schedule 12A to that Act (meaning of “the authority”) as references to a waste authority.
(1) This section applies for the purposes of sections 353 to 359 above.
(2) The following expressions have the meanings given below—
...
...
...
“disposal”, in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
“municipal waste” means any waste in the possession or under the control of—
a body which, or a person who, is a waste collection authority in Greater London, or
a body which is a waste disposal authority in Greater London,
whether or not the waste is in the possession or under the control of the body or person under or by virtue of that Act,
“the national waste management plan” has the same meaning as in the Waste (England and Wales) Regulations 2011;
“planned procurement notice” has the same meaning as in section 15(2) of the Procurement Act 2023,
...
...
...
...
...
...
“recovery”, in relation to waste, includes the recovery of materials from waste and the recovery of energy from waste,
“tender notice” has the same meaning as in section 21(2) of the Procurement Act 2023,
“treatment”, in relation to waste, shall be construed in accordance with section 29(6) of the Environmental Protection Act 1990,
...
“waste” shall be construed in accordance with section 75 of that Act,
“waste authority” means—
a waste collection authority in Greater London, or
a waste disposal authority in Greater London,
“waste collection authority in Greater London” shall be construed in accordance with section 30(3)(b) of that Act,
“waste contract” means a contract which includes or is to include provision relating to municipal waste and is made or to be made by a waste authority in the performance of its functions under Part II of that Act (waste on land), and
“waste disposal authority in Greater London” shall be construed in accordance with section 30(2)(b) of that Act.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
361A Duties of Mayor and Assembly with respect to climate change
(1) The Mayor and the Assembly are each under a duty to address climate change, so far as relating to Greater London.
(2) In the case of the Mayor, the duty consists of each of the following—
(a) to take action with a view to mitigation of, or adaptation to, climate change (see subsections (5) and (6) below),
(b) in exercising any of his functions under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(c) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Mayor is to perform the duties imposed on him by paragraph (a) or (b) above.
(3) In the case of the Assembly, the duty consists of each of the following—
(a) in exercising any functions of the Assembly under this Act or any other Act (whenever passed), to take into account any policies announced by Her Majesty's government with respect to climate change or the consequences of climate change,
(b) to have regard to any guidance, and comply with any directions, issued to the Authority by the Secretary of State with respect to the means by which, or manner in which, the Assembly is to perform the duties imposed by paragraph (a) above.
(4) Any reference in this section to functions of the Mayor, or functions of the Assembly, includes a reference to functions exercisable by the Mayor and the Assembly acting jointly on behalf of the Authority.
(5) For the purposes of this section—
(a) “climate change” means changes in climate which are, or which might reasonably be thought to be, the result of human activity altering the composition of the global atmosphere and which are in addition to natural climate variability; and
(b) “changes in climate” includes a reference to changes in climate which are reasonably expected, or might reasonably be expected, to happen or which are reasonably thought to be happening or to have recently happened.
(6) In this section—
“adaptation”, in relation to climate change, means preparation for, or adjustment in response to, any consequences of climate change appearing to the Mayor to affect Greater London;
“consequences”, in relation to climate change—
means consequences which have occurred, are occurring or might reasonably be expected to occur, and
includes any phenomena reasonably thought to be consequences of climate change;
“mitigation”, in relation to climate change, includes prevention.
361B The London Environment Strategy: climate change mitigation and energy
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions of the London Environment Strategy dealing with climate change mitigation and energy shall contain the Mayor's proposals and policies with respect to the contribution to be made in Greater London towards each of the following—
(a) the mitigation of climate change,
(b) the achievement of any objectives specified or described in national policies relating to energy.
(3) The provisions dealing with climate change mitigation and energy must include the Mayor's proposals and policies relating to each of the following—
(a) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for the purposes of surface transport,
(b) minimising emissions of carbon dioxide and other significant greenhouse substances from the use of energy in Greater London for purposes other than those of transportation,
(c) supporting innovation, and encouraging investment, in energy technologies in Greater London,
(d) promoting the efficient production and use of energy in Greater London.
(4) In subsection (3) above “other significant greenhouse substances” means substances (other than carbon dioxide)—
(a) which contribute to climate change, and
(b) which the Mayor considers it appropriate to deal with in the provisions dealing with climate change mitigation and energy.
(5) In performing the duty under subsection (3)(c) above, the Mayor must have regard to the desirability of advancing energy technologies which involve the emission of lower levels of substances which contribute to climate change.
(6) The provisions dealing with climate change mitigation and energy shall also contain information about—
(a) the pattern of energy use in Greater London,
(b) the levels of emissions in, or attributable to, Greater London of substances which contribute to climate change,
(c) the number of households in Greater London in which one or more persons are living in fuel poverty, within the meaning of the Warm Homes and Energy Conservation Act 2000 (see section 1 of that Act),
(d) the measures to be taken, for the purpose of implementing those provisions, by each of the following—
(i) the Authority,
(ii) Transport for London,
(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) the measures which other bodies or persons are to be encouraged by the Mayor to take for the purpose of implementing those provisions.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The strategy must not be inconsistent with—
(a) national policies relating to mitigation of climate change, or
(b) national policies relating to energy.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12) In this section—
“climate change” has the same meaning as in section 361A above;
“energy technologies” means technologies for—
the production of energy, or
the more efficient or effective use of energy;
“mitigation” has the same meaning as in section 361A above;
...
“surface transport” means any form of transport other than transport by air.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions of the London Environment Strategy dealing with air quality shall contain the Mayor’s proposals and policies—
(a) for the implementation in Greater London of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy), and
(b) for the achievement in Greater London of the air quality standards and objectives prescribed in regulations made under section 87(2)(a) and (b) of that Act,
and may contain such other proposals and policies relating to the improvement of air quality in Greater London as the Mayor considers appropriate.
(3) The provisions of the London Environment Strategy dealing with air quality shall also contain information about—
(a) the air quality in Greater London and the likely future air quality in Greater London,
(b) the measures which are to be taken by the Authority and Transport for London for the purpose of the implementation of the provisions of the London Environment Strategy dealing with air quality,
(c) the measures which other persons or bodies are to be encouraged by the Mayor to take for the purpose of the implementation of the provisions of the London Environment Strategy dealing with air quality.
(4) In preparing or revising the provisions of the London Environment Strategy dealing with air quality the Mayor shall have regard—
(a) to reviews and assessments of air quality made by local authorities in Greater London in accordance with section 82 of the Environment Act 1995,
(b) to any designation by a local authority in Greater London of an air quality management area in accordance with section 83 of that Act,
(c) to any plan prepared for the purposes of the achievement of air quality standards by a local authority in Greater London in accordance with section 84(2)(b) of that Act, and
(d) to any guidance about the content of the provisions of the London Environment Strategy dealing with air quality given to him by the Secretary of State for the purposes of the implementation of the strategy prepared and published by the Secretary of State in accordance with section 80 of that Act, (national air quality strategy).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where the Secretary of State considers that the condition specified in subsection (2) below is satisfied, he may give the Mayor a direction about the content of the London air quality strategy.
(2) The conditions mentioned in subsection (1) above are—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) that a direction about the content of the provisions of the London Environment Strategy dealing with air quality is required for the purposes of the implementation of the policies contained in the strategy prepared and published by the Secretary of State in accordance with section 80 of the Environment Act 1995 (national air quality strategy).
(3) The power of the Secretary of State to give a direction to the Mayor under subsection (1) above—
(a) may be exercised either generally or specially, and
(b) may only be exercised after consultation with the Mayor.
(4) Where the Secretary of State gives the Mayor a direction under subsection (1) above, the Mayor shall comply with the direction.
In exercising any function under Part IV of the Environment Act 1995 (air quality) a local authority in Greater London shall have regard to the provisions of the London Environment Strategy dealing with air quality.
(1) The Mayor may give a direction to any local authority in Greater London requiring the authority to provide him with such information, advice and assistance as he may require in the preparation and revision of the provisions of the London Environment Strategy dealing with air quality.
(2) The power of the Mayor to give a direction to an authority under subsection (1) above may be exercised either generally or specially.
(3) Where the Mayor gives an authority a direction under subsection (1) above, the authority to whom the direction is given shall comply with the direction.
(1) Section 85 of the Environment Act 1995 (reserve powers of the Secretary of State in relation to air quality) shall be amended in accordance with subsections (2) to (5)below.
(2) In subsection (1) (definition of “appropriate authority” for the purposes of the section)—
(a) in paragraph (a), for “England and Wales, the Secretary of State; and” there shall be substituted “ local authorities in England and Wales other than local authorities in Greater London, the Secretary of State; ”, and
(b) after that paragraph there shall be inserted—
(aa) in relation to local authorities in Greater London, the Mayor of London; and
.
(3) After subsection (4) there shall be inserted—
(4A) The powers of the Mayor of London to give directions under this section to a local authority in Greater London may only be exercised after consultation with the local authority concerned.
(4B) In exercising any function under subsection (2), (3) or (4) above the Mayor of London shall have regard to any guidance issued by the Secretary of State to local authorities under section 88(1) below.
(4) In subsection (5) (power of the Secretary of State to give directions relating to obligations under the EU Treaties or to international obligations) after “local authorities” there shall be inserted “ , other than local authorities in Greater London, ”.
(5) After subsection (6) (publishing of directions under the section) there shall be inserted—
(6A) The Mayor of London shall send a copy of any direction he gives under this section to the Secretary of State.
368 Duty of the Mayor in relation to air quality action plans.
After section 86 of the Environment Act 1995 (functions of county councils in relation to district councils) there shall be inserted—
Functions exercisable by the Mayor of London.
86A (1) Where a local authority in Greater London is preparing an action plan, the Mayor of London (referred to in this section as “the Mayor”) shall, within the relevant period, submit to the authority proposals for the exercise (so far as relating to the designated area) by the Mayor, in pursuit of the achievement of air quality standards and objectives, of any powers exercisable by the Mayor.
(2) Where the Mayor submits proposals to a local authority in pursuance of subsection (1) above, he shall also submit a statement of the time or times by or within which he proposes to implement each of the proposals.
(3) An action plan shall include a statement of—
(a) any proposals submitted pursuant to subsection (1) above; and
(b) any time or times set out in the statement submitted pursuant to subsection (2) above.
In paragraph 1 of Schedule 11 to the Environment Act 1995 (duty of local authorities to consult certain persons in the exercise of their functions under Part IV of that Act), after sub-paragraph (2) there shall be inserted—
(2A) A local authority specified in sub-paragraph (2B) below shall in carrying out the functions falling within sub-paragraph (1)(a) to (c) above also consult the Mayor of London.
(2B) The local authorities mentioned in sub-paragraph (2A) above are—
(a) any local authority in Greater London,
(b) any local authority whose area is contiguous to the area of Greater London.
370 The London Environment Strategy: ambient noise.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The provisions of the London Environment Strategy dealing with ambient noise shall consist of—
(a) information about ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London,
(b) an assessment of the impact of the Mayor’s strategies specified in section 41(1) above on ambient noise levels in Greater London, and
(c) a summary of action taken, or proposed to be taken, by the Mayor for the purpose of promoting measures to reduce ambient noise levels in Greater London and the impact of such noise levels on those living and working in Greater London.
(3) In this section—
“ambient noise” means—
noise related to transport, including road traffic, rail traffic, aircraft and water transport; and
noise of such other descriptions as the Mayor may consider it appropriate to include in the matters dealt with by the provisions of the London Environment Strategy dealing with ambient noise,
but does not include noise falling within subsection (4) below; and
“noise” includes vibration.
(4) Noise falls within this subsection if it is—
(a) noise emitted from works falling within section 60(1) of the Control of Pollution Act 1974 (construction works etc. which may be controlled by a local authority);
(b) noise caused by the operation of a loud-speaker in a street, whether or not the operation would be a contravention of section 62(1) of the Control of Pollution Act 1974 (loud-speaker not to be operated in the street during certain hours);
(c) noise at work which, under or by virtue of the Health and Safety at Work etc. Act 1974, it is the duty of an employer to control; or
(d) noise emitted from premises or emitted from or caused by a vehicle, machinery or equipment in a street, except noise caused by aircraft other than model aircraft or noise made by traffic;
but noise does not fall within this subsection if it is noise from a fixed industrial source.
(5) Expressions used in paragraph (d) of subsection (4) above and in section 79 of the Environmental Protection Act 1990 have the same meaning in that paragraph as they have in that section.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) A person who provides air navigation services shall consult the Mayor about the matters specified in subsection (2) below where it is reasonably practicable to do so.
(2) Those matters are—
(a) the proposed alteration by that person of any route used regularly by civil aircraft before arrival at, or after departure from, any aerodrome;
(b) the proposed addition by that person of any route to be so used;
(c) any substantial alteration proposed to be made by that person to procedures used for managing the arrival of civil aircraft at any aerodrome,
where the proposed alteration or addition will have a significant adverse effect on the noise caused by civil aircraft in Greater London.
(3) For the purposes of subsection (2) above the reference to a route used regularly by civil aircraft includes a reference to the altitude at which such aircraft regularly fly.
(4) In this section—
“aerodrome” has the meaning given by subsection (1) of section 105 of the Civil Aviation Act 1982;
“air navigation services” shall be construed in accordance with that subsection;
“noise” includes vibration.
(1) Section 35 of the Civil Aviation Act 1982 (facilities to be provided by certain aerodromes for consultation with bodies representing local interests) shall be amended as follows.
(2) After subsection (2) (persons or bodies to be consulted) there shall be inserted—
(3) The reference in subsection (2)(b) above to any local authority includes in relation to the area of Greater London a reference to the Mayor of London acting on behalf of the Greater London Authority.
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