Agenda item

A report from the Director of Environment and Director of Finance, Resources and Customer Services is attached. This sets out the background to the North London Waste Authority (NLWA), the current statutory default levy arrangements and the proposed changes pending repeal of the Refuse Disposal (Amenity) Act 1978.. (Key decision – reference number 3414)

(Report No.162)

(8.55 – 9.00 pm)

Councillor Andrew Stafford (Cabinet Member for Finance and Property) introduced the report of the Director of Environment and Director of Finance, Resources and Customer Services (No.162) setting out the background to the North London Waste Authority (NLWA), the current statutory default levy arrangements and the proposed changes pending repeal of the Refuse Disposal (Amenity) Act 1978.

NOTED

1.         Ian Davis, Director of Environment, highlighted the main issues contained within the report for Members’ consideration;

2.         the proposals with regard to the transfer of household waste and recycling centres as detailed in the report. Members’ attention was drawn to the assurances being sought from the NLWA as set out in paragraph 3.20 of the report;

3.         the current levy arrangements and the proposals to vary the levy as detailed in the report for recommendation to full Council;

4.         that the wording of recommendation 2.2 in the report be amended to include delegation also to the Director of Finance, Resources and Customer Services and the Cabinet Member for Finance and Property, as reflected in decision 2 below. The proposals would only be implemented when the Council was content with the outcomes agreed.

Alternative Options Considered:

1.         Not to agree to amend the Levy and continue with the statutory default until the IAA becomes effective. The default position in relation to the levying of HWRC costs in NLWA control is that all costs would be levied in relation to the proportion of Council Tax Band D equivalent properties, including those WCAs that do not transfer HWRCs to the NLWA in that year. The costs in relation to any sites still under the control of a WCA would continue to be borne by the WCA as they are currently. Therefore, under this arrangement there will not only be considerable shifts in the amount that each WCA pays for the service against the current pattern but any WCA that do not transfer their HWRCs will not only solely bear the operating costs of any such sites but also a proportion of the operating costs of any sites that do transfer based on their proportion of Council Tax Band D properties.

2.         to agree to the amendment to the levy but not to transfer the HWRC until 2016/17 or service commencement.

RECOMMENDED TO COUNCIL

1.         to approve the following resolution set out below, in order to vary the NLWA levy in respect of Household Waste and Recycling Centres only from the 2012/13 financial year:

“The London Borough of Enfield agrees that the revisions to the Joint Waste Disposal Authorities (Levies) (England) Regulations 2006 as set out in Appendix 1 of the report, should apply to the apportionment of the North London Waste Authority levy with effect from 1 April 2012 until such time as a further resolution is agreed unanimously by this Council and the six other constituent councils of the North London Waste Authority and such further resolution becomes effective, or further statutory provisions take effect and supersede the Appendix”.

2.         to agree to transfer a leasehold interest in the Household Waste and Recycling Centre at Barrowell Green to the NLWA on 1 April 2012 following the repeal of the Refuse Disposal (Amenity) Act 1978 from April 2012. This would be subject to securing assurances from the NLWA as set out in paragraph 3.20 of the report delegated to the Director of Environment, Director of Finance, Resources and Customer Services, Cabinet Member for Environment and Cabinet Member for Finance and Property.

Reason: The variations allow the costs of HWRCs operated by the NLWA to be levied broadly in line with how the costs currently fall whilst they are in WCA control, and for any land purchased for the development of new HWRCs to be apportioned based on the anticipated and surveyed number of visitors to that site from each WCA. The proposal also allows for boroughs to transfer sites gradually rather than with an ultimate date of April 2012 as contracts end. The current levy arrangements would financially penalise boroughs in this respect.

(Key decision – reference number 3414)