Basildon and Rochford Nitrogen Dioxide Reduction Plan Officer

Working Group Terms of Reference

March 2018

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7 1. Background/Context

Basildon and Rochford councils are to undertake, as part of the UK plan for tackling roadside nitrogen dioxide concentrations 2017, a Feasibility Study in accordance with the HM Treasury’s Green Book approach. They are required also to identify the option which will deliver compliance with legal limits for nitrogen dioxide in the area for which the authority is responsible, in the shortest possible time.

Project must evidence: · That the intervention is supported by a compelling case for change that provides holistic fit with other parts of the organisation and public sector– the “strategic case”; · That the intervention represent best public value – the “economic case”; · That the proposed Deal is attractive to the market place, can be procured and is commercially viable – the “commercial case”; · That the proposed spend is affordable – the “financial case”; · That what is required from all parties is achievable – “the management case”.

2. Strategic Management

The three authorities, Essex County Council, Rochford District Council and Basildon Borough Council have set up the joint officer working group to manage the development of the A127 Air Quality Action Plan and agree the package of measures that will result in a reduction in NO2 levels on the A127 in both Basildon and Rochford.

Each authority’s decision making processes will require them to take individual decisions on the Strategic Outline Case, and the Outline and Final Business cases. Officers are taking into account the individual policies and strategies of all three authorities. Briefings are scheduled for the separate Cabinet and Portfolio Holders, Directors and Committee Chair and these will be held at regular intervals to ensure an awareness of the issues prior to decisions being required. Where there are any activities that are outside specific policies then these are being raised at an early stage with the respective Senior Officers and Members to ensure that all plans have a consensus across all authorities. In the event of any specific non agreements then these will be raised at the appropriate Senior Officer and Member level and a joint decision will be agreed.

A separate overarching Project Board has not been convened as it is considered that the work can be included within the existing Boards and is covered by the duty to cooperate placed on all Local Authorities.

The ‘duty to cooperate’ was created in the Localism Act 2011. It places a legal duty on local planning authorities, county councils in England and public bodies to engage

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7 constructively, actively and on an ongoing basis to maximise the effectiveness of Local and Marine Plan preparation in the context of strategic cross boundary matters.

A Statement of Common Ground (SoCG) exists between the London Borough of Havering, Essex County Council, Brentwood Borough Council, Basildon Borough Council, Thurrock Council (Thurrock have not signed this), Castle Point Borough Council, Rochford District Council, Southend on Sea Borough Council, TfL and Highways England. The purpose of this SoCG is to inform the Planning Inspectors and other parties of the agreed way forward on any issues that remain outstanding at the point of Local Plan submission. This SoCG focusses on the impact cross-boundary growth will have on strategic routes including the A127 and details how the participating authorities will work collaboratively to address the identified issues. Any work impacting on the A127 as a strategic route will be covered by this statement.

The Statement of Common Ground concludes that “All Local Authorities acknowledge that the Duty to Cooperate is not just a mechanism for cross-borough engagement during a Local Plan process. It is an ongoing activity that will continue beyond individual boroughs submissions, and eventual adoption of a Local Plan. All parties remain committed to continue to work together outside of the Local Plan process on these important strategic matters.”

3. Roles and functions of the Working Group

· The working group will provide independent challenge to the decisions of the officer group]generally and specifically, against the ‘five case model’ in HM Treasury’s Green Book at each stage of the project through to full final business case.

· To develop deliverable measures to reduce the NOx levels to the required levels. · Make available data sources to measure and monitor the air quality at agreed locations. · Recognise the constraints on all partners in delivering measures to manage the local air quality · Monitor the progress towards meeting the 2021 target · Monitor the program budget and expenditure

4. Role of individual group members

The role of the individual members of the Working Group

· Attending meetings as required and actively participating in the group’s work. · Representing the interests of the respective organisations as appropriate · Review scopes of work · Consider proposals made by officer group and make recommendations · Monitor progress of proposals · Receive progress reports from officer group

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7 · independent scrutiny of the project’s financial and non-financial performance · To review and comment on strategy, plans and resource allocation · Overall, to assess project against the performance and value in terms of both value for money and public health · Request relevant other persons (including officers) to attend working group meetings in order to assist the group in reaching its conclusions.

Each member must declare any interests; chairperson must make a written record of these

The working group will review the relevance and value of its work and the terms of reference at a frequency it determines appropriate, but at a minimum, at the end of each key stage of the project.

Frequency of meetings will be determined by the working group, but as a minimum; at key stages and at the request of the officer group.

Location of meetings to be determined and agreed by the working group members.

5. General

5.1. Membership

The Working Group shall be comprised of:

· Beverley Gould – Essex County Council, Highway Authority. · Tony Meech – Basildon Borough Council, Responsible Authority · Martin Howlett – Rochford District Council, Responsible Authority - Chair · Anthony Buston – Essex County Council · Mark Chapman – Jacobs · Chris Beverley – Essex Highways · Emily Clark – DEFRA · Chloe Smith – Jacobs · Anne James – Essex Highways

5.2. Chair/Convenor

The group will be chaired by Martin Howlett, Environmental Health Team Leader, Rochford District Council. Meetings will be convened by the Chair and supported by the Coordinator Anne James, Essex Highways Group Coordinator.

5.3. Agenda items

All agenda items will be forwarded to the Coordinator by close of business two working days prior to the next scheduled meeting.

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7 The agenda, with attached meeting papers, will be distributed at least one working day prior to the next scheduled meeting.

5.4. Minutes and meeting papers

The minutes of each Working Group meeting will be prepared by Anne James.

Full copies of the minutes, including attachments, will be provided to Working Group members no later than five working days following each meeting.

By agreement of the group, out-of-session decisions will be deemed acceptable if confirmed by email. Where agreed, all out-of-session decisions will be recorded in the minutes of the next scheduled meeting.

5.5. Frequency of meetings

The Working Group will set out a schedule of meetings to enable it to meet the project timetable.

5.6. Proxies to meetings

Members of the Working Group will nominate a proxy to attend a meeting if the member is unable to attend.

The nominated proxy will provide relevant comments/feedback about the attended meeting to their nominated representative.

5.7. Quorum requirements

A quorum will be representation of the following.

· One representative of either Basildon Borough Council or Rochford District Council as Responsible Authorities.

· A representative or delegated from Essex County Council as Highway Authority

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7 5.8. Organogram

Air Quality National Plan and Clean Air Zone Framework

JAQU Rochford District Essex County Basildon Borough Council Council Council

Project Direction

Basildon BC Rochford DC Essex CC Environmental Health Environmental Health Director of Highways & Manager Team Leader Transportation Simon Humby Martin Howlett Andrew Cook Head of Transport, Planning & Chairman Cabinet Member Development Community Cabinet Member Highways Regeneration and Cllr Webb Cllr Grundy Environment Committee Cabinet Member Environment & Waste Cllr Walsh Project Delivery - Joint Working Group

Basildon Borough CouncilRochford District Council Essex County Council

Tony Meech Martin Howlett Beverley Gould Chris Beverley Anne James

Project Technical Support Teams

Work Packages Basildon BC Rochford DC Essex CC

ToR - Basildon and Rochford NOx Reduction Plan Officer Working Group – V7