HL Deb 21 November 1985 vol 468 cc720-3WA
The Earl of Cranbrook

asked Her Majesty's Government:

What use they intend to make of their powers under Section 10 of the Local Government Act 1985 to establish single authorities for waste regulation and disposal where they consider that there would be advantage in joint arrangements between boroughs or districts but no satisfactory arrangements were made before 15th November 1985.

The Minister of State, Department of the Environment (Lord Elton)

My right honourable friend the Secretary of State for the Environment has carefully considered whether there would be advantage in joint arrangements for the discharge of waste regulation and disposal functions between London borough councils and between district councils in each of the six metropolitan areas. He has concluded that, in each area, there would be advantage in certain joint arrangements.

I am glad to report that satisfactory voluntary agreements have been concluded covering all waste disposal functions between district councils in Tyne and Wear, the West Midlands, South Yorkshire and West Yorkshire. My right honourable friend very much welcomes the hard work which these authorities have put into reaching agreement on these arrangements by the statutory deadline.

In Merseyside, my right honourable friend is of the view that there is advantage in joint arrangements for all waste disposal functions to cover the five district councils, and he intends to lay an order setting up a single authority for this purpose. Both Sefton and Wirral proposed to discharge these functions independently. However, he is satisfied that the need for adequate control of hazardous waste and the existing links with the rest of the county on operations are such as to rule this out. If the situation were to change, for example by the conclusion of a satisfactory agreement with a neighbouring county council, my right honourable friend would be prepared to consider an amending order to exclude either district from the new authority in due course.

In Greater Manchester, my right honourable friend has concluded that there would be advantage in joint arrangements to cover all 10 district councils for regulatory functions. For operational functions, Bolton and Wigan borough councils have both proposed that they should be independent. My right honourable friend has concluded that the present pattern of waste disposal in Greater Manchester is such that there needs to continue to be a single organisation to manage it for all the districts except Bolton and Wigan.

He has also concluded that Bolton should form part of this organisation, since the present county council landfill site at Red Moss, Horwich in Bolton, and its proposed extension play a significant part in the plans for the county council and it would be to the overall advantage of these districts that they should participate in the decision on them. If the decision should subsequently be not to proceed with development of the Red Moss site, my right honourable friend would be prepared to reconsider Bolton's inclusion.

My right honourable friend has also concluded that, because Wigan Borough Council's operational links with the rest of Greater Manchester are not significant, and because they have the ability to provide sufficient disposal capacity for their own needs within their own area at least into the next decade, there would be no advantage in joint arrangements for this council. He therefore proposes to lay an order setting up a single authority for all waste regulations and disposal functions in Greater Manchester, except operational functions in Wigan.

In London, my right honourable friend has concluded that joint arrangements are necessary to deal with the regulation of hazardous waste over the whole of Greater London. No joint arrangements have been made, and he therefore intends to establish a single authority for the whole London area for hazardous waste. As it will not be possible to treat the licensing under the Control of Pollution Act 1974 of hazardous waste disposal sites separately from the licensing of other sites, this authority will be responsible for the licensing of all waste disposal sites in London. The individual London boroughs will, of course, retain their development control planning powers.

My right honourable friend has considered the arguments which have been advanced for and against a single London-wide authority for operational purposes as well, and also those for a single authority for the whole area excluding the boroughs of Bromley, Croydon, Kingston-upon-Thames, Merton and Sutton. The Local Government Act 1985 is based on the principle that, so far as possible, services should be devolved to lower-tier authorities: while my right honourable friend recognises the need for joint arrangements between certain authorities in London, he has concluded that, for operational purposes, the balance of advantage does not lie in a single authority or an authority covering all but five boroughs, as compared with the seven groupings of boroughs outlined in my department's consultation document of 23rd July. In consequence, my right honourable friend has to consider whether joint arrangements that have been made on that basis are satisfactory.

I am pleased to say that satisfactory agreements have been concluded for joint arrangements between the London boroughs of Bromley, Croydon, Kingston-upon-Thames, Merton and Sutton ("group 1"); and between the City of London, the City of Westminster and the London borough of Tower Hamlets ("group 6"). The London borough of Tower Hamlets has undertaken in this agreement to redevelop the Northumberland Wharf Refuse Transfer Station for the river-borne disposal of waste. My right honourable friend very much welcomes this decision, which has the environmental advantage of ensuring that more of London's waste will be carried by river. It must, however, be for Tower Hamlets to decide the exact nature of the redevelopment it wishes to undertake at Northumberland Wharf. My right honourable friend has therefore decided that it would be an undue restraint on the discretion of the successor authority if the present proposed scheme were to commence before the London Borough of Tower Hamlets has decided what it will in future want. A letter has therefore today been sent to the Greater London Council withholding consent to the contract for their proposed scheme under the terms of Section 9 of the Local Government (Interim Provisions) Act 1984.

A joint agreement has also been made between the London boroughs of Greenwich, Lewisham, and Southwark ("group 2"). My right honourable friend takes the view that there would be advantage in joint arrangements which included the London borough of Bexley as well as these three boroughs in order to fulfill the terms of the contract which serves Bexley, Greenwich and Lewisham and to ensure adequate future waste disposal arrangements. The existing agreement is not, therefore, satisfactory. My right honourable friend intends to establish a single authority for operational functions covering all four boroughs. If, however, agreements were made which effectively dealt with these two questions, he would be prepared to consider an amending order.

Elsewhere in London, no satisfactory voluntary joint arrangements have been made for the discharge of operational functions. In the light of the considerations set out in my department's consultation document of 23rd July and the representations that my right honourable friend has subsequently received, he intends to establish four authorities for this purpose, covering: (i) the London boroughs of Brent, Ealing, Harrow, Hillingdon, Hounslow and Richmond-upon-Thames; (ii) the London boroughs of Barnet, Camden, Enfield, Hackney, Haringey, Islington, and Waltham Forest; (iii) the London boroughs of Barking and Dagenham, Havering, Newham and Redbridge; and (iv) the London boroughs of Hammersmith and Fulham, Kensington and Chelsea, Lambeth and Wandsworth. There will need to be certain transitional arrangements between some of these groups, and the order will provide accordingly. The five statutory authorities for operational purposes in London will be responsible for the disposal of waste from civic amenity sites; the running of the sites themselves will, however, become the responsibility of the borough councils throughout London.

My right honourable friend intends to make all the necessary orders to give effect to these decisions as soon as possible, so that the new authorities can be established on 1st January 1986. In the meantime, I urge all the constituent authorities concerned to make every effort to prepare the ground for the work of the new authorities. My department will shortly be issuing guidance to assist the constituent authorities in this process.