Agenda pack
North Lanarkshire Council · 24 August 2022
Back to Environment and Place Committee — 24 August 2022 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our Ref: Your Ref: Contact: Tel: Fax: E-Mail: Date: KB Kirsty Brown 07977060781 brownkir@northlan.gov.uk 14 Aug 2022 Members of the Environment and Place Committee Chief Executive’s Office Archie Aitken Head of Legal & Democratic Solutions Civic Centre, Windmillhill Street Motherwell ML1 1AB DX 571701, Motherwell 2 www.northlanarkshire.gov.uk Notice is given that a Hybrid Meeting of the ENVIRONMENT AND PLACE COMMITTEE is to be held within the Council Chamber, Civic Centre, Motherwell on Wednesday, 24 August 2022 at 2:00 pm which you are requested to attend. The agenda of business is attached. Head of Legal and Democratic Solutions Members : Councillors: J Cairns, T Carragher, D Crichton, P Di Mascio, W Goldie, L Jarvie, J Leckie, G Lennon, J Linden, H Loughran, A Masterton, M McBride, M McCulloch, P McDade, F McKay, J McPhilemy, L Mitchell, L Nolan, P Patton, J Reddin, L Roarty, A Stubbs, A Thomas, N Wilson, G Woods. Page 1 of 217
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AGENDA (1) Declarations of Interest in terms of the Ethical Standards in Public Life Etc. (Scotland) Act 2000 OPERATIONAL (2) Business Regulation Service Plan 2022/23 (page 5 - 48) Submit report by the Head of Regulatory Services and Waste Solutions seeking approval of the Business Regulation Service Plan 2022/23 (copy herewith) (3) Update Paper - Actions Taken Relevant to Rodent Complaints (page 49 - 56) Submit report by the Head of Regulatory Services and Waste Solutions providing an update on actions taken in relation to rodent complaints (copy herewith) (4) Developing North Lanarkshire's Journey to Net-Zero Greenhouse Emissions (page 57 - 100) Submit report by the Head of Asset and Procurement Solutions detailing the Council's net- zero progress and journey to date and outlining some of the actions required in order to achieve and/or facilitate through national policy development and regulation in the next few years (copy herewith) (5) Cemeteries Memorial Management Update (page 101 - 106) Submit report by the Head of Environmental Assets providing an update on memorial management across the authority and outlining proposed improvements to cemetery infrastructure management (copy herewith) (6) P002.1(4) Tree Asset Management and Ash Dieback Disease (page 107 - 116) Submit report by the Head of Environmental Assets highlighting the known impacts of Ash Dieback Disease and seeking approval to establish an Ash Dieback Action Plan, in order to tackle the corporate risk associated with no remediating these trees appropriately (copy herewith) (7) Winter Service Policy and Procedures 2022/23 (page 117 - 136) Submit report by the Head of Environmental Assets seeking approval for (a) the proposed Winter Service Policy and Procedures 2022/23, and (b) a pilot scheme to look at route-based forecasting, in order to inform future policy decisions (copy herewith) (8) Drumbreck Marsh and Garrel Burn River Restoration (page 137 - 144) Submit report by the Head of Environmental Assets providing a summary of the successful river restoration project completed on the Garrell Burn at Dumbreck Marsh, Kilsyth (copy herewith) Page 3 of 217
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2 CONTRACTS (9) Contracts for Approval (a) Contract Award for the Provision of Waste Management and Recycling Services for Bulky Waste (page 145 - 154) Submit report by the Head of Regulatory Services and Waste Solutions seeking approval to award the Contract for the Provision of Waste Management and Recycling Services for Bulky Waste to Dow Group Limited (copy herewith) (b) Contract Award for the Treatment and Disposal of Kerbside Collected Co-mingled Food and Garden Waste (page 155 - 164) Submit report by the Head of Regulatory Services and Waste Solutions seeking approval to award the Contract for the Treatment and Disposal of Kerbside Collected Co-mingled Food and Garden Waste to Levenseat Limited (copy herewith) (c) Contract Award for Supply and Fit of Tyres for Vehicles and Plant (page 165 - 174) Submit report by the Head of Regulatory Services and Waste Solutions seeking approval for the award of the Contract for the Supply and Fit of Tyres for Vehicles and Plant to McConechy's Tyre Service Limited (copy herewith) (d) Contract Award for the Provision of Landfill Consultancy Services (page 175 - 184) Submit report by Head of Regulatory Services and Waste Solutions seeking approval to award the Contract for the Provision of Landfill Consultancy Services to RPS Consulting Services Limited (copy herewith) (10) Contracts for Noting (a) Contract Award for Treatment and Disposal of Residual Waste from Household Waste Recycling Centres (HWRCs) (page 185 - 194) Submit report by the Head of Regulatory Services and Waste Solutions advising of the award of the Contract for the Treatment and Disposal of Residual Waste from Household Waste Recycling Centres to Patersons of Greenoakhill Limited (copy herewith) (b) Contract Award for Design and Build of New Bellshill Waste and Fleet Depot (page 195 - 204) Submit report by the Head of Regulatory Services and Waste Solutions advising of the award of the Contract for the Design and Build of New Bellshill Waste and Fleet Depot to Tilbury Douglas Construction Limited (copy herewith) (c) Contract Award for the Provision of Licence, Support and Maintenance for Civica IT Solution 2022/23 (page 205 - 210) Submit report by the Head of Regulatory Services and Waste Solutions advising the award of the Contract for the Provision of Licence, Support and Maintenance for Civica IT Solution 2022/23 to Civica UK Limited (copy herewith) (11) Contracts Awarded Below Committee Approval Threshold (page 211 - 217) Submit report by the Head of Asset and Procurement Solutions advising of contracts awarded between 1 January and 30 June 2022 (copy herewith) Page 4 of 217
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North Lanarkshire Council Report ENVIRONMENT & PLACE COMMITTEE Does this report require to be approved? ☒ Yes ☐ No Ref: AM/PB Date 24/08/22 BUSINESS REGULATION SERVICE PLAN 2022 - 2023 From Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary All local authority regulators of food law and occupational health & safety law must plan their enforcement and advisory activities and, in accordance with independent auditor preference, present that plan before a relevant committee for its approval. The Service Plan 2022 - 2022 is appended to this report and incorporates: • The Food Law Code of Practice (FLCoP) Deviation Recovery Plan, following the cessation of inspection work due to Covid restrictions and the subsequent restart on 1 October 2021; • Our adoption of the recent Food Law Rating System (FLRS) which combines the old rating systems for food hygiene and food standards into one food law intervention scheme; and • Our continuation with the new Official Control Verification (OCV) audit process for approved food premises. Recommendations It is recommended that the Environment & Place Committee: 1. Approve the Business Regulation Service Plan 2022 - 2023. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection AGENDA ITEM 2 Page 5 of 217
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1. Background 1.1 The Business Regulation Service is a subset of Protective Services and is responsible for the delivery of the statutory enforcement and advisory service for: • Food law in all food establishments within North Lanarkshire; and • Occupational health & safety law in those premises within North Lanarkshire for which they have an enforcement role (health and safety enforcement within premises being split between local authorities and the Health and Safety Executive depending on the nature of the business). 1.2 The Service is required to prepare an annual plan which clearly maps out specific aims and objectives for the financial year. 1.3 Food Standards Scotland (FSS) advocates that transparency is best achieved by seeking and obtaining the approval of elected members. FSS is independent of national government and has the primary objective of protecting the health and other interests of consumers in relation to all food issues. 1.4 The Health & Safety Executive’s (HSE) National Local Authority Enforcement Code requires us to be accountable to the public and businesses for our actions. This can be achieved by publication of our Service Plan. 2. Report 2.1 Food Law Code of Practice Recovery Plan 2.1.1 FSS granted dispensation to local authorities to deviate from their inspection plan from 30 March 2020 due to the restrictions imposed during the Covid pandemic, and to enable re-tasking of officers to undertake wider public health duties related to Coronavirus legislation. The dispensation ended on 30/09/2021. 2.1.2 This resulted in a significant number of premises remaining uninspected over a period of some 17 months. Consequently, a large number of inspections have been carried over into subsequent years and an appropriate Food Law Code of Practice (FLCoP) Deviation Recovery Plan has been devised to ensure that all premises receive the required inspection visits within a practicable and programmed timeframe. 2.2 Food Law Performance Targets 2.2.1 The Service Plan details resources and targets for inspections and interventions in respect of food law, including: • Achieving a target of at least 70% of all of our programmed food law inspections within the timeframes set by our FLCoP Deviation Recovery Plan. • Ensuring at least 70% of our food business operators’ premises achieve a ‘Pass’ status in accordance with the national Food Hygiene Information Scheme (FHIS). It is anticipated there will be a greater number of ‘Improvements Required’ due to the pause in programmed interventions due to the COVID-19 pandemic and the authorised deviation from the Code from 30 March 2020 to 31 August 2021. Page 6 of 217
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• Commence investigation of 90% of food complaints within 2 working days of receipt. • Maintain a target of at least 94% of infectious disease cases being responded to in accordance with the NHS Lanarkshire Epidemiological Investigation Protocol. • Respond to at least 93% of high-risk requests for assistance/advice within 2 working days of receipt. • Respond to at least 93% of low-risk requests for assistance/advice within 5 working days of receipt. 2.2.2 An important principle of the recently adopted new Food Law Rating Scheme (FLRS) is to allow local authorities to target resources on high risk and non-compliant businesses. The FLRS combines the rating systems for food hygiene and food standards into one Food Law Intervention scheme based upon a new food business performance model that will target resources on high to medium risk and non- compliant businesses. This impacts upon the frequency of inspection of food establishments for both hygiene and standards components of what is now known as a ‘food law’ inspection. The FLRS takes account of a food business operator’s track record of compliance and where this is good, they will receive ‘earned recognition’ influencing the risk rating to reduce the frequency of inspections. This will assist resources to be targeted towards non-compliant businesses which will be subject to more frequent inspections and potential enforcement activity. 2.2.3 A review of North Lanarkshire Council’s resource to meet its statutory Food Law obligations has been undertaken as part of the FLCoP Deviation Recovery Plan. The outcome from this has shown that over the next 5 years a greater FTE staffing resource will be required on an annual basis when compared with the current front- line establishment FTE. Using the FSS Resource Methodology Guidance (explained in greater detail within section 4 of the plan) it is estimated that around 25FTE will be required to fulfil the functions of the Service against a current establishment of 17.5FTE. The consequence of this is the revision in the annual target for achieving programmed food law inspections from 96% in 2018-19 to 70% in 2022-23. 2.2.4 The position outlined in paragraph 2.2.3 above is not unique to North Lanarkshire. There is a current shortfall of qualified Environmental Health Officers working in local authorities. In summary, there are around 60 vacant posts across Scottish local authorities, an ageing workforce profile and a lack of trainees coming through. Both CoSLA and SOLACE have recognised this issue and through work with the Society of Chief Officers of Environmental Health in Scotland, recommendations to address the issue continue to be discussed with the Scottish Government. 2.2.5 At a more local level North Lanarkshire is already taking measures to address the issue. This includes working with the University of the West of Scotland to offer an annual training placement to students attending the degree course for Environmental Health, the recruitment of a student Environmental Health Officer, and the recent addition of a further 2 FTE Environmental Health Officers to the establishment working within the Business Regulation team. 2.2.6 This financial year sees the Service continue to progress implementation of the Official Control Verification (OCV) audit process for ‘Approved Premises’ – premises which handle or process products of animal origin e.g. large dairies, fish exporters etc and also for high risk manufacturers. The implementation of this new process may significantly increase the amount of officer time spent on audits of these establishments. Page 7 of 217
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2.3 Occupational Health and Safety Law 2.3.1 The HSE’s national Local Authority Enforcement Code sets out a risk-based approach to targeting occupational health and safety interventions to be followed by local authority regulators. A key component is to ensure that appropriate interventions are focussed on specified high-risk sectors. 2.3.2 In accordance with the national code, the Service will continue to respond to requests for advice, investigate complaints, accidents, dangerous occurrences and other incidents reported to us and we will undertake appropriate interventions, particularly relevant to North Lanarkshire, wherever possible. 2.3.3 The Service Plan details activities which are planned throughout the financial year in respect of occupational health and safety matters. 2.3.4 Additional projects may also be added where appropriate, having been highlighted by the HSE, regionally by the West of Scotland Health & Safety Liaison Group or through local intelligence, complaint, notification or other direct referral to the Service. 3. Measures of success 3.1 Performance is monitored in a several ways including on a quarterly basis by the Protective Services Management Team (PSMT). If under performance or deviation is identified, corrective action is promptly implemented. 3.2 Performance outcomes for all participant food businesses in respect of the ‘pass’ and ‘improvement required’ standard stipulated in the national Food Hygiene Information Scheme (FHIS) are reported locally to populate key performance indicator requirements published on North Lanarkshire Council’s website and returned separately to FSS. 3.3 The quality of the performance and professional conduct of the Council’s enforcement personnel during inspections of businesses (both food and non-food based) is monitored, in part, using post-intervention customer service questionnaires, in which service recipients are encouraged to provide their appraisal of the standard of service delivered. 4. Supporting documentation 4.1 Appendix 1 - Business Regulation Service Performance Plan 2022 - 2023 Andrew McPherson Head of Regulatory Services & Waste Solutions Page 8 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 9 of 217
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Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 10 of 217
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food safety/occupational health & safety service plan 2022/2023 1 Regulatory Services & Waste Solutions Protective Services (Business Regulation Service) Food Safety/Occupational Health & Safety Service Plan 2022/2023 Page 11 of 217
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food safety/occupational health & safety service plan 2022/2023 2 STATUTORY AND GENERAL OBLIGATIONS ON FOOD AUTHORITIES Legal Obligation on Food Authority Compliance with statutory guidance ‘Food Law Code of Practice (Scotland) 2019’ (the Code) and ‘ Interventions Food Law Code of Practice (Scotland) 2019’ (the Interventions Code) is an important requirement to safeguard and ensure proper and consistent administration of Food law across Scotland. In delivery of Official Food Controls, North Lanarkshire Council is legally required to ensure: a. The effectiveness and appropriateness of Official Controls. b. That controls are applied at an appropriate risk-based frequency. c. That there are a sufficient number of suitably qualified and experienced competent staff and adequate facilities and equipment to carry out duties properly. d. That staff are free from conflicts of interest. e. That there is access to an adequate laboratory capacity and capability for testing. Food Standards Scotland (FSS) seeks to work in partnership with Local Authorities to help them deliver on official control policies and Codes, and to assist them in implementing the Codes. Effects of Failure to Comply with these Statutory Obligations Section 40(2)(a) of the Food Safety Act 1990 requires a local authority to have regard to the relevant provisions of the Codes. Section 40(3) allows FSS to consult Scottish Ministers in relation to non-compliance with the Codes to order the issue of a direction to a local authority requiring it to take steps to comply with the Codes. Failure to comply with a ministerial direction by a local authority may be sanctioned by order of the Court of Session. Where Scottish Ministers are satisfied that a Food Authority has failed to discharge any duty imposed by or under the Act, where that failure affects the general interests of consumers of food, they may by order empower another Food Authority or officer of the Ministers to discharge that duty in place of the Authority in default, and recover costs from the defaulting Authority. Requirement to Prepare an Annual Service Plan Each Food Authority should complete an Annual Service Plan which details the Interventions programme for the coming year. They should ensure such a programme is adequately resourced and that the overall plan is subject to approval timeously at the appropriate governance level within the Local Authority. The Service Plan should include: - • A statement in relation to the Food Authority’s approach or policy on Interventions, Enforcement, and Service Delivery. • A Food Authority’s approach to Interventions out-of-hours. • Details on how new Food Business Establishments are to be included in the Authority’s planned Intervention Programme. • Effective routine sampling. • Strategies for maintaining surveillance of “low-risk” establishments where the LA has decided these will be subjected to alternative enforcement strategies in either their Food Service Plan or Enforcement Policy. Page 12 of 217
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food safety/occupational health & safety service plan 2022/2023 3 The Service Plan or Enforcement Policy should include: - • The Food Authority’s approach to revisits and enforcement action - North Lanarkshire’s approach to enforcement is included within the Enforcement Policy. Its approach to revisits and enforcement action is incorporated within Food Policies and Standard Operating Procedures (SOPs) which are an extension of the Enforcement Policy. • Strategies for maintaining surveillance of “low-risk” establishments where the LA has decided these will be subjected to alternative enforcement strategies in either their Food Service Plan or Enforcement Policy. North Lanarkshire has included these within both the Service Plan and the Interventions SOP which are an extension of the Enforcement Policy. The Interventions Programme should include: - • The Food Business Establishment profile. • The number of Interventions programmed. • An estimate of the number of revisits that will be made. • An estimation of resources required. • Resource for new businesses. • Detail any targeted Intervention activity that the Food Authority intends to carry out including any extra resources this may require. • Identification of any priorities relating to nationally or locally driven outcomes, such as compliance with new legislation or improved compliance with existing legislation and other central government initiatives, including compliance with the Food Law Code of Practice (Scotland) 2019 and the Interventions Food Law Code of Practice (Scotland) 2019. SECTION 1: SERVICE AIMS AND OBJECTIVES 1.1 Aims and Objectives North Lanarkshire Council is committed to delivering customer excellence for all its service users to maximise the benefits of North Lanarkshire’s geographical location, creating prosperity, achieving social justice and fulfilling local needs by providing best value. The following aims and objectives have been identified as being fundamental to this process. 1. To place the safety, health and well-being of the employed and the general public foremost. 2. To protect public health and affirm the continuing commitment to assist businesses in their recovery from the pandemic. 3. To inspect businesses for food law and/or health and safety law compliance within at least the minimum targets which have been set for inspection purposes and ensure that a proportionate and consistent enforcement policy is adhered to. 4. To commit to the national Regulators’ Code for reserved matters and the Scottish Regulators’ Strategic Code of Practice for devolved matters. 5. To undertake a programme of effective routine food sampling to ensure that food is of the nature, quality and substance demanded by the public and to take appropriate action to remove any unsatisfactory foodstuffs identified during this process. 6. To respond appropriately to relevant food alerts as required by FSS. Page 13 of 217
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food safety/occupational health & safety service plan 2022/2023 4 7. To investigate food complaints and report to the Crown, recommending that they initiate legal proceedings where this is deemed to be in the public interest. 8. To offer free advice and guidance to the public, voluntary organisations and the food and health & safety businesses within North Lanarkshire for the purposes of achieving compliance with statutory requirements and assisting in developing and promoting competence in food and workplace health & safety awareness. 9. To prepare reports and other related data for other Services within the Authority, FSS, the Health & Safety Executive (HSE) and other relevant Agencies to demonstrate transparency, ensure compliance with legislation and to provide a coordinated approach to food safety and health & safety related matters. 10. To investigate instances of food and water borne diseases within North Lanarkshire in a coordinated approach with the relevant Health Authorities. 11. To fully and promptly investigate notifications of work-related accidents, dangerous occurrences and ill health and take enforcement action in accordance with guidance to prevent harm and secure justice, where appropriate. 12. To respond promptly and courteously to requests for assistance and commit to the delivery of customer service excellence for all our service users. 13. To aim to deliver public confidence in the way food safety and health & safety issues are monitored and enforced within North Lanarkshire. 14. To respond appropriately and effectively to public health emergencies which impact on public safety. 1.2 Links to Corporate Ambition Statements and Priorities This Operational Plan is linked with the Protective Services Operational Plan, the Waste Solutions and Regulatory Services Operational Planning Dashboard and ultimately serves the Plan for North Lanarkshire. For example, from The Plan for North Lanarkshire: ‘Improve economic opportunities and outcomes’ The growth and sustainability of local business is actively supported. Working in partnership with Business Gateway, we offer a comprehensive and free consultancy service to start-up, fledgling and mature businesses to help with legal compliance in relation to food safety and, where appropriate, occupational health & safety legislation. (This was stood down due to the pandemic but we will resume liaison as part of business recovery.) ‘Improve the health and wellbeing of communities’ In accordance with the Interventions Food Law Code of Practice (Scotland) 2019, formal, unannounced inspections of North Lanarkshire’s food businesses are undertaken to ensure operators make or sell foods which meet compositional and declaration legal standards that they are safe to eat and will not cause illness or disease. Where food businesses are found operating unsafely, they may be compulsorily closed to safeguard public health, reported to the Crown and the unfit foods seized for destruction (as appropriate). The only food businesses which would not be subjected to proactive inspections are low risk Group 3 Band A premises which, following initial or subsequent intervention or where the food registration form gives sufficient information to make determination that there is minimal inherent risk, and the Lead Food Officer determines either to place the business on a 60 month intervention frequency or choose not to undertake a proactive intervention. Page 14 of 217
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food safety/occupational health & safety service plan 2022/2023 5 We respond quickly to consumer concerns about food business operators, whether that is the condition of their premises, the state of the food products or the malpractices allegedly conducted there. The Service investigates outbreaks of infectious disease in conjunction with NHS Lanarkshire and acts over concerns of poor public or private water supplies. The Service implements a monitoring programme for private water supplies and undertakes risk assessments, where applicable, in relation to water introduced into, and supplied through and from, each private water supply system to premises in its area, to establish if there is any risk that the water could pose a potential danger to human health. A similar service exists for occupational health & safety where the local authority is the relevant enforcement body. During the pandemic, the Service took on an advisory and enforcement role in terms of Coronavirus related Regulations to prohibit certain businesses from opening, and to ensure that social distancing arrangements and other mitigations were in place for businesses that were allowed to continue to trade under restricted conditions. This role included business compliance visits and outbreak investigations. Whilst restrictions are no longer in place, there may be a future ask from the Service in respect of Coronavirus. Plan for North Lanarkshire The Plan for North Lanarkshire identifies 25 high level ambition statements aligned into five priorities and the Business Regulation’s Food Safety /Occupational Health & Safety Service Plan links with some of these priorities as follows. Improve the health and wellbeing of communities • Programme of targeted interventions to determine compliance with statutory requirements along with proportionate enforcement action, as required. • A commitment to the prevention of death, injury and ill health arising out of or in connection with a work activity. • Food sampling programme. • Partnership working with NHS Lanarkshire to locate the source and prevent the further spread of infection. • Focusing on specific health & safety issues. • Working in partnership with NHS Lanarkshire, FSS, the HSE and other agencies to promote and deliver health improvements for the employed within North Lanarkshire and its citizens. Improve North Lanarkshire’s Resource Base • Provision of food safety literature and correspondence in a range of ethnic minority languages along with access to interpreters to promote social inclusion. • Updating and maintaining enforcement officer competence. • FHIS (Food Hygiene Information Scheme). • Online publication of food law intervention letters and of register of notices served under The Food Hygiene (Scotland) Regulations 2006, Regulations 6 to 9 and the Health and Safety at Work etc. Act 1974, Sections 21 and 22. • OHSAS 45001 (the occupational health and safety management standard). • APSE (Authority Public Service Excellence). Business Regulation regards high quality public service as its key value and this commitment is reflected in that the Service achieved OHSAS 45001 accreditation. ISO 9001 quality standards adherence is monitored internally. Key food safety and health & safety policies and procedures are within scope of an ISO 9001: 2008 compliant Quality System and are periodically reviewed to reflect procedural changes. Page 15 of 217
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food safety/occupational health & safety service plan 2022/2023 6 Business Regulation aims to support and work alongside various organisations including FSS, HSE, Police Scotland, Scottish Fire & Rescue, NHS Lanarkshire and Health Protection Scotland to deliver common objectives which prevent or mitigate against illness, disease or injury and to deliver better health outcomes for residents, consumers and employees by sharing and promoting best practice for food safety, public health and occupational health & safety interventions. Where appropriate we will link service provision to any national and local updated plans and strategies relevant to the recovery process post pandemic. SECTION 2: BACKGROUND 2.1 Profile of the Local Authority North Lanarkshire is the 4th largest authority in Scotland with a population of 341,140 and an area of 47,222 hectares (2020). It is situated approximately halfway between the cities of Glasgow and Edinburgh and many of its residents live in the six main towns of Airdrie, Coatbridge, Cumbernauld, Bellshill, Wishaw and Motherwell. North Lanarkshire is in the midst of a process of major social, economic and environmental change. This has required a process of regeneration which is perhaps best illustrated in the Ravenscraig initiative whereby work is now proceeding with large commercial and residential developments on the former steelwork’s site. This process of economic re-generation will continue and is greatly assisted by the strategic location of North Lanarkshire with regard to links to the South via the M73 and M74 and to Glasgow and Edinburgh via the A8/M8 motorways. Extensive improvements to the local motorway network and various arterial roads, recently completed, following a massive infrastructure investment and upgrade. Page 16 of 217
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food safety/occupational health & safety service plan 2022/2023 7 Here is a plan of North Lanarkshire Council’s catchment zone. Page 17 of 217
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food safety/occupational health & safety service plan 2022/2023 8 2.2 Organisational Structure The configuration of the Business Regulation Service for 2022/2023 (at 4 July 2022). Head of Regulatory Services & Waste Solutions Protective Services Manager (Responsibilities include Business Regulation, Pollution Control & Public Health and Trading Standards) Assistant Business Manager (Business Regulation) Senior EHO (North) North Division 4.5 X FTE EHOs + 1 vacant EHO Post (Temporary) South Division 5 X FTE EHOs + 1 X FTE FSO Senior EHO (South) Senior EHO (Central) Central Division 4 X FTE EHOs + 2 vacant EHO Posts Page 18 of 217
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food safety/occupational health & safety service plan 2022/2023 9 2.3 Scope of the Business Regulation Service The services which are provided include: - • Advice/Guidance to the Private Sector/Voluntary Groups as well as to business. • Compilation of Performance Indicator Data (e.g. NLC PI data, LAE1, FSS Audit returns etc.). • Disposal/Seizure of Unfit Foodstuffs. • Eat Safe Initiative. • Export Health Certificates. • Food Premises Compliance Certificates for Export. • Food Law Interventions. • Food Safety Alerts. • Food Safety/Health & Safety Promotional Initiatives. • Approval of Premises under Regulation EC No 853/2004. • Food Hygiene and Food Standards Inspections of Premises Approved under EC No 853/2004 and of Primary Producers • Food Standards Inspections of Meat Plants Approved under EC No 853/2004 by FSS • Formal/Informal Food Sampling. • Frequent Liaison with FSS and NHS Lanarkshire Public Health. • Health & Safety Interventions. • Healthy Living Awards. • Originating Authority Responsibilities. • Infectious Disease Investigations. • Enforcement within Skin Tanning Premises. • Investigation of Complaints Regarding Workplaces. • Investigation of Food Complaints. • Investigation of Workplace Accidents, Dangerous Occurrences and Occupational Ill Health. • Licensing and Inspection of Skin Piercing & Tattooing Premises. • Licensing of Venison Dealers • Monitoring of Compliance with the National Tobacco Smoking Ban in Public Places. • Precognition/Reports to the Crown Office & Procurator Fiscal Service. • Private Water Supply Register, Risk Assessments, Sampling, Grant Assistance & Water Scarcity. • Promoting Healthier Food in Catering. • Public Mains Water Sampling. • Reports to Licensing Boards. • Representation on the Official Control Verification Working Group. • Representation on the West of Scotland Health & Safety Liaison Group. • Representation on West of Scotland Food Liaison Group. • Representative on the Review of the Scottish Waterborne Hazard Plan. • Responses to Building Warrants and Planning Enquiries. • Shared maintenance of the FHIS Website at a local input level. • Work in Partnership with the HSE on National Campaigns & Initiatives. • Shared maintenance of Scottish National Database (SND) at local input level. • Advisory and enforcement role in respect of Covid legislation, including business compliance visits and outbreak investigations Chemical analysis and microbiological examination of food samples is undertaken by Glasgow Scientific Services (GSS) on behalf of the Service. Page 19 of 217
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food safety/occupational health & safety service plan 2022/2023 10 The Service has access to translation services for documentary purposes and to facilitate routine inspections and other food and health and safety enquiries where this is required. The approach to the Interventions Food Law Code of Practice (Scotland) 2019 (the Interventions Code) and the Food Law Code of Practice (Scotland) 2019 (the Code) focuses predominantly on intervention and audit of premiss to the 4 Es approach of Engage, Explain, Encourage and Enforce. There has been significant resource dedicated to dealing with COVID-19 related complaints, where authorised officers carrying out food law interventions also have responsibility for inspection of premises under health and safety legislation, as well as outbreak investigations and close working undertaken with NHS Lanarkshire Public Health Teams. Assistance was also provided to other Services, including Education, Social Work, Facilities Support, Transport and Internal Health and Safety to assist with outbreaks within Council run establishments, as well as assistance to partners such as the HSE. Premises inspections provisionally resumed on 1 September 2021 following Desktop Transfer and the revised Intervention Programme. For performance monitoring and reporting purposes the Intervention Programme Start Date for North Lanarkshire was 1 October 2021 to keep all quarterly reports aligned with normal Service planning and reporting. The revised intervention due date determined from the anticipated Intervention Programme Start Date was uploaded onto the Service’s Management Information System (MIS) for performance monitoring purposes. Feed issues are dealt with exclusively by FSS. Our Service headquarters was relocated from Municipal Buildings at Kildonan Street, Coatbridge, ML5 3LF to Civic Centre, Windmillhill Street, Motherwell ML1 1AB. 2.4 Demands on the Business Regulation Service Food establishments are grouped as 1 to 3 depending on the nature of the food business, with Group 1 businesses including e.g. manufacturers of high risk foods down to Group 3 businesses including licensed premises not providing catering. Within each of the groups the food establishment is risk rated in Bands A to E, dependent upon the business performance and compliance, with Band A being sustained compliance and E being sustained non- compliance and/or issues of public health significance or fraudulent activity. The data relating to the food premises profile is in the following tables. Page 20 of 217
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food safety/occupational health & safety service plan 2022/2023 11 Food Law Business Groups and Risk Ratings 1A 27 1B 19 1C 5 1D 0 1E 0 Awaiting Inspection 1 Food Standards Only* 3 Total 52 2A 53 2B 1150 2C 376 2D 10 2E 2 Awaiting Inspection 47 Total 1638 3A 113 3B 742 3C 119 3D 0 3E 0 Awaiting Inspection 75 Total 1049 Total 2,739 SND Category & Premises Count Primary Producers 22 Manufacturers & Packers 77 Importers 0 Distributors/Transporters 65 Retailers 432 Supermarket/Hypermarket 62 Small Retailer 10 Retailer-Other 8 Restaurant &Caterers 220 Restaurant/Café/Canteen 204 Restaurant/Caterer- Others 577 Hotel & Guest house 34 Pub/Club 224 Takeaway 429 Caring Premises 53 School/College 148 Mobile Food Unit Other 171 3 Total 2,739 Note: Food Standards Only*-Included within the figures above are 3 meat plants which are approved by FSS but for which we enforce Food Standards legislation. Page 21 of 217
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food safety/occupational health & safety service plan 2022/2023 12 In addition to numbers referenced within the Food Law Business Groups and Risk Ratings table above, there are: • 19 separate establishments currently approved under EC Regulations; • 15 primary producers. Our Management Information System is a live system with information being automatically uploaded to SND on a weekly basis, which accounts for some disparity in totals. There are 7 Primary Producers without food hygiene rating on SND which require review, to ensure accuracy of coding. FSS are currently undertaking a project to identify and resolve data accuracy and quality issues between LA MIS and SND. We have approximately 3,500 businesses at present for which we have responsibility for the enforcement of occupational health & safety law. The new Food Law Rating System (FLRS) ensures that the profile of food standards is raised whilst reducing duplication and bureaucracy caused by two inspection regimes. Importantly, Local Authorities can target resources on high risk and non-compliant businesses. Even as an early adopter, the pause in intervention programme brought about by the pandemic meant that not all premises within North Lanarkshire had undergone a food law intervention, and as such had not been banded. We changed from Annex 5 rating scheme to the FLRS based on guidance provided by the Scottish Food Law Enforcement Committee (SFELC) COVID-19 Recovery Working Group using a formula based on Annex 5 food hygiene scores for hygiene, structure and confidence in management alone, as it was assessed that a number of the other elements previously contained in Annex 5 had been taken into account at the ‘Group’ stage, and that confidence in management scores were, in the vast majority of cases, consistent between food hygiene and food standards scoring systems. In order to ensure, however, that food standards were given an appropriate level of consideration during the desktop transfer, at the end of the process we conducted a final check to ensure that any establishment which had previously been given a poor rating for ‘Level of Compliance’ in Annex 5 Food Standards Scoring System would be given a ‘Band D’ in FLRS. Within NL, none were identified. Whilst this exercise had a significant impact on officer time, it assisted in identifying priorities for the food law recovery process. One of the Key Performance Indicators for the Service is the percentage of food establishments which achieve the Food Hygiene Information Scheme (FHIS) ‘Pass Award’. Our target for 2019/20 was set at 90%, with an overall rate achieved of 94.09%. Our target for 2021/22 was revised to 65 % of food premises to achieve the FHIS ‘Pass’ award with an overall rate achieved of 94.2 %. Our target for 2022/23 has been increased to 70%. It is anticipated there will be a greater number of Improvements Required due to the pause in programmed interventions due to the COVID-19 pandemic and the authorised deviation from the Code from 30 March 2020 to 31 August 2021. Our normal business hours are 08.45am to 16.45pm, Monday to Thursday with a 16.15pm closure on Friday. However, a standby service is available to respond to emergencies including Food Alerts For Action (FAFA), outwith normal business hours. EU exit impacted on the Service due to preparation for food exports and in particular fish exports to the EU. Further detail is provided on this in Section 3.9 ‘’EU Exit’’. 2.5 Enforcement Policy North Lanarkshire Council has a documented enforcement policy which was approved by Elected Members at the Infrastructure Committee in September 2018 and is available on the NLC website to businesses and consumers. The policy was updated to reflect: - • Changes in legislation; • The effect of the Scottish Regulators’ Strategic Code of Practice (SRSCoP) on food safety matters; • Due regard to the general principles of the Regulators' Compliance Code in respect of health and safety matters; • Advice issued by Food Standards Scotland (FSS) and the HSE; and • Relevant provisions of the Code for Crown Prosecutors. Page 22 of 217
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food safety/occupational health & safety service plan 2022/2023 13 The enforcement policy is subject to further review. All Authorised Officers with responsibility for inspecting premises and/or dealing with other food and health and safety issues are aware of the enforcement policy. Authorised Officers are also aware that it is the Council’s policy to offer advice where this is appropriate or requested, particularly in regard to small and medium sized businesses. Arrangements will be made to inspect and register any food premises found to be trading but which have not registered with the Authority. It will not normally be the policy of the Authority to submit a report to the Crown regarding failure to register alone unless a food business operator habitually refuses to do so or in combination with the discovery of unregistered premises in a serious state of non-compliance with food law. The enforcement policy for Council operated food businesses will be as detailed within the Food Law Code of Practice (Scotland) however the standards expected and required are no different to those demanded in private sector premises. The Service will adhere to the HSE’s enforcement policy statement in relation to matters of occupational health & safety. SECTION 3: SERVICE DELIVERY 3.1 Food and Health & Safety Premises Interventions Food Safety Previously we had a target of achieving at least 96% of all our programmed food inspections. In 2018/19, which was the last complete year we had pre-pandemic we reached this target. In 2021/22, our target was revised to 60% as it was dependent on staff resource available to undertake the Food Law Recovery Process (FLR). We achieved 87% of planned interventions by the scheduled date. The Interventions Food Law Code of Practice (Scotland) requires that establishments receive an Intervention no more than 28 days after the scheduled date, unless they are rated Band E, the lowest possible rating. The scheduled dates for FLR visits are the latest date by which that intervention should be undertaken and do not have a 28 day grace period. Our performance in terms of the Interventions Food Law Code of Practice (Scotland) is therefore greater than that reported if taking account of the 28 day grace period for some interventions. Year 1 was a lighter year in terms of food law recovery and the associated scheduled dates for intervention which has allowed us to bring forward some Interventions from Year 2, one of the two heaviest years forecast in terms of FLR. The target for 2022/23 has been set at 70% for programmed food inspections. Note: -Undertaking inspections is dependent upon Covid-19 restrictions not being reimposed by new legislation. Business Regulation stepped up to being an ‘early adopter’ of the new Annex 5 pilot scheme and participated in the implementation group, having formerly worked in partnership with FSS to develop a viable alternative for rating of food establishments referred to as the Food Law Rating System (FLRS). The FLRS combines the rating systems for Food Hygiene and Food Standards into one Food Law Intervention scheme based upon a new Food Business performance model that will target resources on high to medium risk and non-compliant businesses. This impacts upon the frequency of inspection of food establishments for both hygiene and standards components of what is now known as a ‘food law’ inspection. The scheme went live to all local authorities on 1 July 2019 and has since been formally adopted by us. The FLRS takes account of a food business operator’s track record of compliance and where this is good, they will receive ‘earned recognition’ influencing the risk rating to reduce intervention frequency. This will assist resources to be targeted towards businesses which consistently fail to achieve satisfactory standards and which will be subjected to sustained and intense enforcement activity. Page 23 of 217
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food safety/occupational health & safety service plan 2022/2023 14 This links into our policy for working more efficiently, effectively ensuring that resources are always targeted where they are most needed. In addition, new premises will receive an initial inspection to check that everything is in order and will be risk rated in accordance with the Interventions Food Law Code of Practice (Scotland) 2019. The only food businesses which would not be subjected to proactive inspections are low risk Group 3 Band A premises which following initial or subsequent intervention or where the food registration form gives sufficient information to make determination that there is minimal inherent risk, and the Lead Food Officer determines either to place the business on a 60 month intervention frequency or choose not to undertake a proactive intervention. Questionnaires would be used to assess ongoing compliance with Group 3 Band A premises, with inspections being carried out only where deemed necessary. Impact of Covid-19 On 17 March 2020, following publicity of Covid-19 cases within a care home located within North Lanarkshire, NLC food officers stood down inspections initially of premises with a community risk including care homes, hospices, hospitals, schools, pensioners clubs and prisons, due to Covid-19, then of all other inspections/visits until a policy was formulated with forthcoming advice from FSS. This means that our intervention programme from 2019/2020 was not completed and there was a carry over. Face to face interventions were again stood down late December 2021 to end of January 2022 due to the wave of Omicron variant, except where required to protect public health or safety and where remote working would not be sufficient. Food Law Code of Practice deviations: Given the unprecedented nature of the Covid-19 pandemic and national infection control measures introduced in March 2020, and the anticipated disruption caused by staff shortages, it was recognised that deviation from certain elements of the Food Law Code of Practice (Scotland) 2019 (the Code), and associated Interventions Food Law Code of Practice 2019, would be necessary to ensure Local Authority Environmental Health Services had the ability to undertake wider public health duties related to Covid-19. LAs received written confirmation (FSS/ENF/20/006) from FSS that the Minister for Public Health and Sport agreed to allow LAs to deviate from the Code and the agreement covered the following areas which are considered to be reasonable and proportionate in the circumstances. Food Law Code of Practice deviations included: a) Food Law interventions to all care facilities including hospitals, care homes, nurseries, and childminders. b) Planned programmed Interventions at all lower risk Group 2 and 3 businesses within the Food Law Rating System (FLRS), and all Crown Establishments. c) Low risk primary production activities - exception for dairy farms supplying raw milk for the manufacture of raw milk cheese. This includes on farm inspection to assess compliance against primary production controls. d) Approved establishments and other high risk manufacturers may limit access to high risk production areas. Therefore, it is recommended that Interventions at Approved establishments, and higher risk FLRS Group 1 businesses, are based on an initial Food Safety Management System and associated documentation audit followed up by physical inspection only if public health concerns are identified. e) Intelligence driven Interventions at all food business establishments regardless of category should continue where possible. Intelligence will include information that suggests fraudulent activity or imminent risk to public health, e.g. consumer complaints, credible allegations of food poisoning, failed samples of a serious nature that suggest fraud or health risk. The Food Law Code of Practice deviations were then revised and extended to 31 August 2021: a) Food Law interventions to all care facilities including hospitals, care homes, nurseries, and childminders. Restricting interventions in this sector will assist with maintaining physical distance requirements and acknowledges the associated risks to these vulnerable groups. Page 24 of 217
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food safety/occupational health & safety service plan 2022/2023 15 b) Planned programmed Interventions in all risk levels above a C band across all business groups within the FLRS and all Crown Establishments. c) Low risk primary production activities - exception for dairy farms supplying raw milk for the manufacture of raw milk cheese. This includes on farm inspection to assess compliance against primary production controls. It was confirmed with FSS that for interventions of C,D & E premises which are no longer included in deviations from the Code that we can continue with established current practice during Pandemic, i.e. initial remote assessment (Official Control Verification letter or business questionnaire) with follow up visit being carried out only where deemed necessary to protect public health. Ongoing demands on Service meant that we have adopted this approach for Band D & Es but did not have the current capacity to also adopt for Band Cs due the increased time resource required for remote assessments and other demands on the Service. Food Law Code of Practice deviations recovery plans FSS and SFELC agreed broad principles on which Local Authority Covid-19 Recovery Plans would be based. A project to deliver the framework for each Scottish Local Authority to reconfigure or reset its intervention programme was undertaken by the SFELC covid-19 Recovery Working Group. The desired outcome of this project was to assist LAs devise their work programme and help the authority recover from the pandemic. This includes adaption of Intervention Plans to accommodate not only those establishments/interventions which were ‘missed’ during the Covid-19 lockdown phase but also those which had previously fallen out of scope as a consequence of being missed. The estimation of staffing resources required is also based on the SFELC Covid-19 Recovery Working Group guidance for calculating staffing resources. The project was designed to facilitate the following by defined completion dates: • Local Authorities will present a revised Intervention Programme which will operate from a defined date; • The Intervention Programme shall include all food establishments, each being accorded a revised due intervention date; • Every food establishment on the Intervention Programme shall be risk-rated in accordance with the Interventions Code 2019 Food Law Rating Scheme, except for approved premises and primary producers which remain under Annex 5 Risk Rating Systems; • Every Local Authority shall present a Service Plan, incorporating the revised Intervention Programme in addition to all other responsibilities, in accordance with the current service planning guidance (Note the forthcoming Administration and Service Planning, Food Law Code of Practice (Scotland) 2020, is expected to be published by December 2022. ) • Local Authorities shall calculate the total FTE resource required to satisfy the Intervention Programme and the remainder of the Service Plan by means of an agreed calculation methodology. It was acknowledged that the project outcomes would highlight some shortfall in available resources at some Local Authorities. While clear sight of these shortfalls is an essential deliverable of the project, the project scope does not extend to addressing these deficits in any practical sense. Methodology SFELC convened a short-life working group which delivered the key requirements. All Scottish Local Authorities were invited to participate and NLC was represented. A FSS Project Team was assembled to support the SFELC Working Group and provide oversight of progress. The SFELC Working Group had 4 work streams: 1. Desktop Transfer: The initial formula to convert premises on Annex 5 to FLRS. 2. Creation of an intervention programme: Ensuring all FLRS premises are within the revised Inspection Programme with due intervention dates included. 3. Resource Calculation: Based on the SFELC resource methodology on FSS/SFELC website and refining this to accommodate current circumstances. 4. Service Planning Guidance: Revising the Service Planning Guidance and using the draft Administration and Service Planning Food Law Code of Practice. The outcome of the SFELC Working Group was published in December 2020 ‘Local Authority Recovery Project Recovery Process Guidance’. Page 25 of 217
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food safety/occupational health & safety service plan 2022/2023 16 There are Tables with Appendices 3, 4 and 5 which explain the calculation of resource requirements for food law recovery and programmed interventions. Appendix 3- These resource calculations are for a 12 month period, with Year 1 commencing on 1 October 2021. • Appendix 3 Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out - details the total number of planned food law recovery interventions to be undertaken within the maximum timeframe after the Intervention Start Date, including Approved Premises and Group 1 Manufacturers. Note there are further details of how these should be spread within that time frame depending on Priorities within FSS and SFELC Recovery Process Guidance. • Appendix 3 Table 2 - Food Law Interventions Recovery - Officer FTE Resource Calculation Per Intervention Category (Recovery Visits Only) - details the Officer FTE resource estimated to deliver the food law recovery interventions only. NB - this does not include other interventions in addition to food law recovery inspections during this period. • Appendix 3 Table 3 - Estimate of Timescales and Numbers for Food Law Recovery Intervention and First Next Programmed Intervention After Food Law Recovery Intervention - this is a breakdown of the number of food law recovery interventions and first recurring risk assessed intervention per group and band which require to be scheduled across the five years of the recovery period. • Appendix 3 Table 4 - Calculation of Resources Required for First Next Programmed Intervention After Food Law Recovery Intervention - this only takes into account the first recurring risk assessed programmed intervention, following the Food Law Recovery Intervention and Officer FTE resource estimated to deliver it. It does not account for further recurring risk assessed programmed interventions e.g. those at 12, 18 or 24 intervention intervals which might fall again within the 5 year recovery period. Nor does the figure include projected Band E intensive 1 month interventions and Band D intensive 3 month interventions, revisits and new premises inspections. • Appendix 3 Table 5 - Combined Estimate FTE Resource Calculation Per Annum for Food Law Recovery and PI Interventions - details likely timescale for when next programmed inspection will be due after food law recovery inspection and the Officer FTE resource estimated to deliver the food law recovery interventions and next programmed interventions after food law recovery intervention. It does not include projected Band E intensive 1 month interventions and Band D intensive 3 month interventions, the anticipated uplift in enforcement action, revisits and visits to new premises registering from 1 October. • Appendix 3 Table 6 - Summary of FTE Base Resource Needed to Meet FLRP+ First Recurring PI Thereafter - this is a summary of FTE resource needed to meet the Food Law Recovery Plan and the first recurring PI thereafter only. It does not include projected Band E intensive 1 month interventions and Band D intensive 3 month interventions, the anticipated uplift in enforcement action, revisits and visits to new premises registering from 1 October. • Appendix 3 Table 7 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions - this is a summary of FTE resource needed to meet the revisit requirement of Food Law Recovery Plan and the first recurring PI thereafter only. This resource calculation is based on a 1 hour revisit for every intervention averaged out across the 5 years. Whilst some premises will not require a revisit, others will require longer revisits or multiple revisits. It was intended to bring forward year 2 visits into year 1 if there was capacity. This Table does not include revisits to projected Band E and D intensive 1 month and 3 month interventions. The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. • Appendix 3 Table 8 - Additional Food Law Interventions Arising from Poor Compliance and From New Businesses Year 1 Estimate Only - poor compliance interventions relate to a minimum frequency of re- intervention of 1 month, followed by 3 months, after service of formal notices or serious non-compliance. Page 26 of 217
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food safety/occupational health & safety service plan 2022/2023 17 This is a summary of FTE resource needed to meet Year 1 projected 78 Band E intensive 1 month interventions ( based on total numbers of Remedial Action Notices and Voluntary Closure Agreements during 2018-19 and an anticipated 200% uplift in enforcement action due to the pause in interventions) which at best will result in a further 78 subsequent Band D 3 month interventions. This is during a 12 month period until 30 September 2022. These are estimated as Group 2 Band D & E resource requirement. The number of anticipated new businesses interventions is based on previous annual figures and are estimated as Group 2, Band C, average resource requirement. • Appendix 3 Table 9 - Estimated Resource Required for Formal Food Enforcement Notices - this is a summary of FTE resource needed for formal food enforcement notices served in a typical year pre-Covid (2018-19). • Appendix 3 Table 10 - Service Requests Resource Summary-Based on A Typical Year Pre-Covid (2018-19)- details Officer FTE resource estimated to deliver service requests for the range of functions undertaken by Business Regulation in a typical year pre-Covid (2018-19) • Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource - details Officer FTE resource estimated to deliver additional demands on Service not included elsewhere. Please note that in respect of FHIS Uploads included in this table, although there is some input required from officers, there is significant Support resource provided to undertake the main body of this work which reduces the burden that would otherwise be placed on officers. Excluded from this table is, for example, work related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify. • Appendix 3 Table 12 - Estimate of Resources Required to Deliver Business Regulation Service Across The Food Law Recovery Period (Oct 2021-Sep 2026) - details Officer FTE resource estimated to deliver demands on Service. This is a conservative figure. Formal Food Enforcement Notices are based on numbers served in 2018-19 of which there are anticipated to be more during the food law recovery period. Food Law Interventions arising from poor compliance have been included only for Year 1. Excluded also is, for example, work related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify. Appendix 4 – Updated Tables of Calculations and Information Relating to Staff Resources for Service Plan 2022- 2023 including Year 2 of Food Law Recovery Plan commencing 1 October 2022. • Appendix 4 Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out- details the total number of planned food law recovery interventions to be undertaken within the maximum timeframe after the Intervention Start Date, including Approved Premises and Group 1 Manufacturers. Note there are further details of how these should be spread within that time frame depending on Priorities within FSS and SFELC Recovery Process Guidance. • Appendix 4 Table 2 - Food Law Interventions Recovery - Officer FTE Resource Calculation Per Intervention Category (Recovery Visits and New Premises Only) - details the Officer FTE resource estimated to deliver the food law recovery interventions only. Note this does not include other interventions in addition to food law recovery inspections during this period. • Appendix 4 Table 3 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions - this is a summary of FTE resource needed to meet the revisit requirement of Food Law Recovery Plan and the first recurring PI thereafter only. This resource calculation is based on a 1 hour revisit for every intervention averaged out across the 5 years. Whilst some premises will not require a revisit, others will require longer revisits or multiple revisits. This includes some year 2 visits being brought into year 1 where capacity exists. This Table does not include revisits to projected Band E and D intensive 1 month and 3 month interventions. The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. Page 27 of 217
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food safety/occupational health & safety service plan 2022/2023 18 • Appendix 4 Table 4 - Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026) - details Officer FTE resource estimated to deliver demands on the Service. This is a conservative figure. Formal Food Enforcement Notices are based on numbers served in 2018-19 of which there are anticipated to be more during the food law recovery period. Food Law Interventions arising from poor compliance have been included only for Year 1. Excluded also is, for example, work related to COVID-19 pandemic, food poisoning outbreaks and reports to the Crown as these are impossible to quantify The estimated resource requirement is under ongoing review. At July 2022,we are still within Year 1 of the Intervention Programme Start Date. Appendix 5 - Premises Outwith Food Law Rating - Calculation of Required Annual Resource (July 2022) - Approved Premises, High-Risk Group 1 Manufacturers and Primary Producers. This details Officer FTE to deliver interventions of Approved Premises and High Risk Group 1 Manufacturers based on Official Control Verification (OCV) principles and other business still operating under Annex 5 (Food Hygiene and Food Standards), except those approved by FSS and for which we deal with Food Standards only and are included within Appendix 3 Table 11. At July 2022, Year 1 of Food Law Recovery is still ongoing. Food Law interventions are combined interventions covering both food hygiene and food standards interventions. The resource calculation has been reviewed but does not present a full year of interventions since the start of the food law recovery and remains a conservative figure. Due to Year 2 being a heavier year in terms of food law recovery inspections than Year 1, we have started to bring forward interventions due within 18 months to Year 1, where capacity exists. The estimated inspection activity for Year 2 (commencing 1 October 2022) is therefore summarised below. Estimated Inspection Activity Sub-Totals Total Number of Food Law Interventions due to end of Year 2 FLR 30/9/23 (This does not take into account revisits, new premises visits or formal actions) 1575 Additional Food Law Interventions Arising from Poor Compliance and From New Businesses (Appendix 3 Table 8)- projected Band E intensive 1 month interventions ( based on total numbers of Remedial Action Notices and Voluntary Closure Agreements during 2019 - 2020 and an anticipated 200% uplift in enforcement action due to the pause in interventions) which at best will result in subsequent Band D 3 month interventions 78 Band E & 78 Band D 156 Secondary food law inspections (or revisits). The purpose of revisits is to monitor non-compliant standards arising from the initial inspection and/or matters of evident concern. Resource calculations for revisits for Year 1 (12 months) average over 5 years is recorded in Appendix 3 Table 7 to estimate for Year 2 1,338 1388 New Premises Inspections -Premises currently registered and awaiting inspection 123 123 Total 3242 Our average annual number of revisits to check on non-compliance over 2016 to 2019 was 1,218 (991 food hygiene and 227 food standards). The revisits we undertook in 2019/2020 were 461 food law, 172 food hygiene and 27 food standards. Our average annual number of new premises visits over 2016 to 2019 for food hygiene was 208 and for Page 28 of 217
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food safety/occupational health & safety service plan 2022/2023 19 food standards is 207. The new premises inspections we undertook in 2019/2020 were 190 food law, 63 food hygiene and 62 food standards. For a 6 month period during Year 1 FLR (1 January to 30 June 2022) we undertook 244 food law revisits. It was expected that due to the anticipated increase in enforcement action, the number of revisits required in Year 1 would be at a higher rate in comparison to Interventions undertaken than in previous years, with the resource required to deliver this being calculated over a 5 Year average in Appendix 3 Table 7. Not included here are any unpredictable or ad hoc interventions, for example, responding to consumer concerns over poor cleanliness or structural conditions, hygiene malpractices or unsatisfactory foods prepared or sold locally. The new FLRS places more emphasis on previously under enforced food standards matters and is therefore more resource intensive. In addition, the Service has continued with the rollout of the OCV audit process for approved premises. Training rolled out by FSS on this to ensure that officers can robustly challenge documentation provided by food business operators was delivered in 2022. The OCV checklist continues to be used to undertake desk top assessments of Group1 businesses, including manufacturers in line with Food Law Code of Practice deviations permitted by The Minister for Public Health and Sport and it is the intention to commence OCV audit process for the high risk Group 1 manufacturers. The OCV approach has been developed to ensure that the verification of a food control management system (FCMS) during an official control inspection is systematic, structured and scientific. It also ensures that the FCMS is verified both in terms of its validation and implementation. Implementation of this new process will significantly increase the time spent on official control visits at approved establishments. With regard to the inspection of food premises outwith normal working hours, our policy is to ensure that, where premises are only open out with normal hours, appropriate provision is made for them to be inspected in accordance with at least the minimum number of visits determined by their risk rating. Health & Safety There is a Statement of commitment between Local Authority and HSE Regulatory Services which sets out our shared vision for an ongoing LA/HSE co-regulatory partnership available via https://www.hse.gov.uk/lau/statement.htm and which is appended to this Service Plan. In our interventions, we will respect the key provisions of the National Local Authority Enforcement Code. Priority action is resource dependent and will focus on matters pertinent locally. Fuller details of the occupational health & safety targets and objectives are prescribed in the report’s Appendix 1 and are subject to adequate resources. Other projects may be added where they present nationally via the HSE, regionally from the West of Scotland Health & Safety Liaison Group meetings or within North Lanarkshire through local intelligence. During 2021/2022 we undertook health and safety inspections of hotels and other accommodation is use for COP26 to check for legislative compliance and reduce likelihood of incidents arising to help ensure the success of COP26 and protect reputation of all agencies involved. It is estimated that 3 FTE of warranted officers time is spent on Health and Safety (based upon previous years’ intervention findings, though we anticipate this resource requirement to increase post pandemic). 3.2 Food and Food Premises Complaints The Authority’s policy regarding the investigation of food complaints is detailed in the Service Delivery Procedure QAP 5.3 (Business Regulation) within the ISO 9001: 2000 Quality Management Document and within the Service’s Page 29 of 217
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food safety/occupational health & safety service plan 2022/2023 20 Food and Food Premises Complaints Policy and Food Complaints Standard Operating Procedure (SOP).The Service intends to seek to maintain the performance target for investigating food complaints by commencing the investigation of a minimum of 90% food complaints within two working day’s notification. In addition, we will observe the advice contained within LACORS guidance on food complaints and liaise with home/primary and/or originating authorities. It is difficult to base resources on last year’s trends as we don’t know the effect that COVID-19 might have had on the number of complaints made and so resources required. However, other routes of complaint investigation and recall processes that may be required should be considered, as during the COVID-19 pandemic, many food businesses have changed their operation, now having a greater presence on social media/digital platforms and therefore wider distribution. In addition, it is anticipated that an increased number of establishments will be under new ownership or management. Our average annual number of consumer complaints is 307 based on the last three years prior to 1 April 2020. These complaints may relate to the nature, substance or quality of foods, the condition of the businesses from where the foods were made or sold or the malpractice of food business operators. During 2020/2021 we processed 291 individual food and food premises complaints, which is a drop from 2019/2020 (317) and 2018/2019 (334) but an increase on 2017/2018 (273). The 291 individual food complaints and complaints against food premises processed during 2020/21 were despite the impact Covid restrictions had on trading. In 2021/2022 we dealt with 294 Food and Food Premises Complaints, excluding ‘Other Food’ service requests logged for the Service. In the first quarter of 2022/23, there were 63 Food and Food Premises Complaints received compared with 92 in the first quarter of 2021/2022. Again, the figures above exclude ‘Other Food’ service requests logged for the Service. It is estimated that during 2022/23, we will deal with 300 consumer complaints, and which includes ‘Other Food’ jobs logged. They vary in complexity and the time required to complete our enquiries and can require corroboration increasing resource demand. Food and Food Premises Complaints are only a fraction of the overall Service Requests dealt with by the Service during 2021/2022. During this period 2,600 service requests were dealt with by Business Regulation, which is 33% more than the annual average from 2017/2018 to 2019/2020. The estimate of anticipated resource required to process Food and Food Premises Complaints, including ‘Other Food’ service requests in a typical year is recorded in Appendix 3 Table 7 Service Requests. 3.3 Home Authority Principle/ Primary Authority Partnerships This Authority supported the LACORS principle of the home authority which has undergone review. We do not act as Home Authority for any businesses within the food sector. Home Authority agreements exist with other UK local authorities and for which we continue to liaise with those authorities where appropriate. There are currently no Primary Authority Partnerships in place in North Lanarkshire. Where businesses have Primary Authority Partnerships (PAPs) with other local Authorities, inspection plans and guidance published by the PAP will be considered and as a matter of course there will be liaison with the PAP if formal enforcement action is considered. Notwithstanding this, advice and guidance is given freely, where requested, to food traders and numerous enquiries are dealt with from other Authorities throughout the UK in accordance with the following broad principles. • Special emphasis is placed on the monitoring of goods and services originating from this area. • Guidance and advice are given to businesses on food safety matters. • Enforcement action makes provision for liaison with Other Authorities, where appropriate. 3.4 Advice to Businesses Free advice is normally given to food safety and occupational health & safety businesses following routine interventions and/or in response to separate enquiries. Page 30 of 217
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food safety/occupational health & safety service plan 2022/2023 21 There is also a partnership agreement with Business Gateway to offer free advice to start up and ‘fledgling’ businesses who choose to locate within North Lanarkshire. This was stood down due to pandemic as it is reliant on information being furnished by Business Gateway, but we anticipate that this will resume as part of business recovery. We regard the advice given by our Officers as being an important part of our role as a regulator in helping businesses to understand what is required and what good practice looks like. We are keen to ensure that all this work is undertaken to the highest possible standard and, wherever possible, improve the level of customer service. As part of this process, customer satisfaction questionnaires were sent to all businesses following a routine intervention to ascertain the level of customer service and to afford the recipients of our service, an opportunity to make their views on the level of customer service we provide, known to us. By doing so, we also commit to improve our standards where we can. This was stood down during the Pandemic and will be reviewed to digitise the process before resuming. During each phase of the COVID-19 pandemic, we provided advice, information and support to help secure the confidence of those operating in the food and drink sector. The demand on the service was significant and during 2020-21 included over recorded 2,600 service requests for Covid work for Business Regulation. This includes service requests from business, complaints against business, proactive visits and outbreak investigations. It does not include the proactive visits carried out during projects where recording was undertaken by exception only. In addition to this, the Service sent in excess of 3,500 email communications to businesses, primarily within the food and drink sector to assist with food safety, health and safety and Covid mitigations, for businesses which were able to continue operating to operate as well as those restating after a period of closure as follows: During 2021/2022 Business Regulation used mailshot email communications with business for relevant matters arising e.g. introduction of new legislation relating to food prepacked for direct sale (Natasha’s Law) . Our average number of business advice requests is 195 based on the last 3 years prior to Covid. During 2021/2022 we received 120. It is anticipated this demand will be ongoing. These vary in complexity and time required to complete. As such it is difficult to accurately assess resource implications. Customer service satisfaction questionnaires are also dispatched to all other service users where a request has been logged on our computer system. This includes food product and food business premises complaints, infectious disease investigations, health & safety issues and complaints and enquiries from members of the public. This was stood down during the Pandemic and will be reviewed to digitise the process before resuming. 3.5 Food Inspection and Sampling The policy of this Authority is to have an effective routine sampling programme where the principal aim is to assist in protecting the public and to meet relevant statutory obligations. The main thrust of the sampling programme is to focus on high risk food premises and on local manufacturers. The Council also participates in sampling initiatives agreed by the West of Scotland Food Liaison Group. The analysis or examination of food and water samples is conducted by Glasgow Scientific Services who are also consulted with regard to the nature and range of samples proposed to be taken each year in accordance with the requirements of the Food Law Code of Practice (Scotland). Whilst our annual Sampling Programme for 2022/2023 has still to be created, it will continue to be a risk based approach and will be undertaken in accordance with our Sampling Policy. It will focus on high risk premises within North Lanarkshire and is based on local priorities, as well as national priorities recommended by FSS, SFELC and projects agreed within West of Scotland Food Liaison Group. Page 31 of 217
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food safety/occupational health & safety service plan 2022/2023 22 Note: The number of samples taken will be determined by availability and priorities for the year. 3.6 Control and Investigation of Communicable Disease including Outbreaks and Food Related Infectious Disease This Authority has developed and agreed an Outbreak Control Plan with NHS Lanarkshire which confirms agreed procedures for the investigation and control of food poisoning. North Lanarkshire Council works in partnership with NHS Lanarkshire and South Lanarkshire Council and has produced a Joint Health Protection Plan for the Lanarkshire area. This is an important document which acts as a reference point for assisting in the investigation and control of public health outbreaks and incidents. Desktop exercises to ‘test’ plans have been useful in the past and are likely to be repeated. Our average annual number of confirmed cases of food poisoning notified is 106 based on three years prior to 1 April 2020. In 2020/21, 40 cases of food poisoning were reported to this Authority by NHS Lanarkshire, which is a significant drop in previous years. In 2021/22, 47 cases of food poisoning were reported to this Authority by Authority by NHS Lanarkshire which is 17.5% increase from the previous year. We responded to 98% of these within timeframe. The estimate of anticipated resource required to process IDs based on a typical year is recorded in Appendix 3 Table 7 Service Requests. The Service seeks to maintain that a target of a minimum of 94% of infectious disease cases will be responded to within the timeframes stated within the NHSL Epidemiological Investigation Protocol. The number of notifications is anticipated to increase due to the return of international travel. In response to the Omicron Wave of Covid-19 in December 2021, Protective Services established a Covid Team which consisted of an Assistant Business Manager (Acting Up Temporary), a Senior Officer (Acting Up Temporary) and, from Business Regulation, 2 seconded Environmental Health Officers. One of the 2 EHOs remained within the team for 1 month and the other for 3 months, which impacted on the non- Covid work undertaken by that staffing resource. It is estimated that over 45% of Business Regulation staff time was dedicated to pandemic response during 2021/22 and over 80% in 2020/21. The time spent on non- Covid work was also impacted due to precautions to be taken and alternative ways of working to be found, resulting in work taking longer than would otherwise have been the case. Face to face interventions were again stood down late December to end of January due to the wave of Omicron variant, except where required to protect public health or safety and where remote working would not be sufficient. It is unknown what further ask may be made of the Service due to Covid or other Pandemics in future. The Service is currently working with NHS Lanarkshire Public Health in respect of Monkeypox. 3.7 Food Safety Incidents These are dealt with in accordance with the procedures detailed in the Food Law Code of Practice (Scotland). An out of office hours stand by service is maintained to respond to emergencies including Food Alerts for Action (FAFA) issued through Food Standards Scotland’s warning system. No FAFA were received from FSS in 2018/2019 to 2021/2022. It is estimated that that we will receive no more than 5 Food Alerts For Action from FSS during 2022/23. During 2021/2022 we dealt with 10 Food Safety Incidents and Investigations in partnership with FSS. These are an intense use of officer resource requiring input from multiple officers and management working in partnership with Food Standards Scotland Food Crime and Incidents Unit, with implications across Scotland and UK. The majority of these were in the 4th quarter of 2021/2022. This number is far greater than previously experienced and forecast but is difficult to predict. One of these incidents remains under active surveillance and officer involvement is ongoing. During the first quarter of 2022/2023, we have dealt with 4 Food Safety Incidents and Investigations. Page 32 of 217
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food safety/occupational health & safety service plan 2022/2023 23 In addition, we undertook food interventions of hotels and suppliers relevant to COP26 to check for legislative compliance and reduce likelihood of incidents arising to help ensure the success of COP26 and protect reputation of all agencies involved. The estimate of anticipated resource required to process Food Safety Incidents in a typical year is recorded in Appendix 3 Table 8 - Miscellaneous Foreseeable Additional Demands on Service Resource. Food Safety Incidents may be linked with Food Crime and Fraudulent Activities, Paragraph 3.10. 3.8 Liaison with Other Organisations To ensure a consistent approach to enforcement action with neighbouring local authorities, North Lanarkshire is represented in the West of Scotland Food Liaison Group (WSFLG) and the West of Scotland Health & Safety Liaison Group (WSHSLG). North Lanarkshire is also a WSHSLG representative on the Health and Safety Co-ordinating Group Scotland (HASCOG), a group which co-ordinates health and safety enforcement. The Authority is also represented on the Official Control Verification Working Group (OCV). The OCV Working Group is a new group amalgamated from The Approved Establishment and the OCV Implementation Working Groups. NL was represented at SFELC Seafood Working Group for a Scottish solution to Export Health Certification requirements for Scottish Seafood Industry in preparation for our exit from EU in respect of fish exporters. The Service continues to participate as necessary. Internally, the Service liaises with Planning and Building Standards to ensure responses to planning and building warrant consultations are responded to within timeframe. The control of ventilation within the workplace is one of the key mitigations in control of Coronavirus. It is therefore anticipated that ventilation requirements within new builds will be of key consideration in both planning and building warrant consultations on which this Service will be consulted. This Service also liaises with Licensing to ensure the same for licensing consultations and provides Section 50 Certification for premises confirming they meet with the structural requirements of food legislation. The Service is also represented on NLC’s Safety Advisory Group (SAG) which co-ordinates and considers event applications to NLC. As previously stated, NLC works in partnership with NHS Lanarkshire and South Lanarkshire Council and has produced a Joint Health Protection Plan for the Lanarkshire area. This is an important document which acts as a reference point for assisting in the investigation and control of public health outbreaks and incidents. Although the Pandemic has greatly increased our level of interaction between NHS Lanarkshire Public Health, Liaison Meetings with NHS Lanarkshire were always held on a regular basis and will continue to be so. The estimate of anticipated resource required to process services requests in respect of liaison with other organisations and internally is recorded in Appendix 3 Table 7 - Service Requests - Based on a typical year pre-Covid (2018-19). Table 7 does not include provision of mutual aid. 3.9 EU Exit Of greatest concern in respect of the impact of EU exit was the Scottish food export market and in particular fish and shellfish. North Lanarkshire has two major fish exporters within its boundary. Prior to 1 January 2021 there was no need for export health certificates (EHCs) for such produce to the EU, however this changed due to exit which in short means that each individual consignment of fish/ shellfish requires an individual EHC. Export Certification Hubs such as those within North Lanarkshire reduced the impact of EHCs required and therefore associated charges. This was foreseen to place a very significant burden on those LAs in which they are situated and who were unable to resource it from current staffing resources without a very significant and detrimental impact to other public health roles and to the Local Authorities statutory functions. In July 2020, Scottish Government determined that provision of EHCs at the Hubs would be overseen by FSS and not LAs. North Lanarkshire Council formally offered mutual aid to FSS in respect of fish export hubs located within the district, effective from 1 January 2021. This was to ensure adequate resource was in place at the hubs to issue Export Health Certificates and thereby prevent exports being adversely hampered by the pandemic. Although this has not been called upon, the mutual aid for other agency partners remains in place and this may place further strain on resources. Page 33 of 217
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food safety/occupational health & safety service plan 2022/2023 24 The Hub model requires risk based certification of fishery products and live bivalve molluscs which required originating authorities, including North Lanarkshire, to provide attestations of compliance of supplier premises to Food Standards Scotland which oversees the hubs. These are done in at least 6 monthly intervals and require ongoing OCV audit of supplier premises. We have also provided support and guidance to other approved premises and manufacturing premises which export to assist with the complex EU exit rules which now exist. This resulted in over 17 Service Requests from December 2020 to 31 March 2021, and further Service Requests in 2021/22. These can involve complex considerations following export issues at Border Control Posts and can require liaison with both FSS and Department of Environment Food and Rural Affairs (DEFRA). The impact of NI Protocol agreement is not yet fully known due to the temporary derogations. Any deviation from the NI Protocol could result in additional demands for advice and guidance. 3.10 Food and Health & Safety Promotion We aim to continue to give our full support in 2022/2023 to Food Standards Scotland’s Eat Safe Initiative. The scheme consists of an award granted by Councils to specific categories of food businesses within the scheme which meet standards of hygiene in excess of that required by current food hygiene legislation. It is intended to promote the scheme, wherever possible, to encourage as many food businesses as possible to attempt to obtain and retain the award thus helping to drive up food safety standards within North Lanarkshire. We will continue our partnership work with the Scottish Government and NHS Health Scotland to promote the Healthy Living Award via our website. The Healthy Living Award was paused due to Covid-19 Pandemic and restarted in May 2022. We will also continue to work with the Scottish Centre for Healthy Working Lives to promote health & safety in small and medium sized businesses within North Lanarkshire. And we will work with the HSE to promote national priority topics and campaigns such as ‘Helping GB Work Well’. It is difficult to accurately assess resource implications for the initiatives and promotional work which we aim to undertake during 2022/2023. It is also difficult to identify measures that will be used to evaluate the effectiveness of these. 3.10 Food Crime and Fraudulent Activities Activity that is classed as Food Fraud and / or Food Crime can be described as serious dishonesty that impacts detrimentally on either the safety or the authenticity of food. Food Fraud is a dishonest act or omission, relating to the sale or preparation of food, which is intended for personal gain or to cause loss to another party. Food Crime (serious Food Fraud) is considered to be serious or complex fraud or serious and dishonest regulatory non-compliance in relation to food, drink and animal feed. Upon suspicion of Food Fraud, action shall be taken as set out within the Service Food Incidents, Alerts, Food Fraud & Food Crime Policy and Standard Operating Procedure, which are aligned with the Food Law Code of Practice (Scotland) 2019. There is an anticipated increase in food crime and fraudulent activities as a result of our exit from the EU. These are an intense use of officer resource requiring input from multiple officers and management working in partnership with Food Standards Scotland Food Crime and Incidents Unit, and across other local authorities. The estimate of anticipated resource required to process Food Crime in a typical year is recorded in Appendix 3 Table 8 - Miscellaneous Foreseeable Additional Demands on Service Resource. Food Crime and Fraudulent Activities may be linked with Food Safety Incidents, Paragraph 3.7. Page 34 of 217
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food safety/occupational health & safety service plan 2022/2023 25 3.12 Other Demands on Service The average annual number of service Requests dealt with by Business Regulation from 2017/2018 to 2019/2020 was 1,951. During 2020/2021, Business Regulation alone undertook over 5,000 service requests, which included proactive and reactive Covid visits to businesses, including long and complicated COVID outbreak investigations involving multiple officers. This does not include the 953 Covid complaints and visits undertaken by Trading Standards colleagues, which again excludes the proactive visits they carried out during projects where recording was undertaken by exception only. During 2021/2022, Business Regulation dealt with 2,600 service requests, which is 33% more than the annual average from 2017/2018 to 2019/2020. SECTION 4: RESOURCES 4.1 Financial Allocation The cost of operating the food safety service is estimated at £994,973. This is based on 80% of Business Regulation staff resource being spent on Food Safety (and is inclusive of the annual SLA charge for GSS which is utilised across other NLC services and is £267,000 this financial year). There is no specific financial provision for any legal action necessary as part of our enforcement function as this is provided within the Council by its Legal & Democratic Solutions Service. 4.2 Staffing Allocation The current Business Regulation Service staff establishment is as follows: • Protective Services Manager (Non-operational and shared with Pollution Control & Public Health and Trading Standards) • Assistant Business Manager (Business Regulation) who is also Lead Food Officer • 3 Senior FTE Environmental Health Officers • 13.5 FTE Environmental Health Officers • 1 FTE Food Safety Officers • 3 Vacant Posts 1 Temporary & 2 Permanent (Recruitment for 1 Permanent Post underway July 2022) The Service is jointly responsible for food safety and occupational health & safety issues. Consequently, staff have a dual role, but flexibility is applied whereby staff resources will be used wherever there is most need and this will be kept under review. The Food Law Code of Practice (Scotland) 2019 details competency and authorisation levels of Authorised Officers of Food Authorities who carry out interventions, in line with Regulation (EC) No 882/2004. Authorisation Levels are published on NLC’s website. EH and FSO competency and authorisation levels at 4 July 2022: Designation Number of FTE Officers Certifying Support Officer Competency EHO >2 Years Food Experience 11 N/A EHO <2 Years Food Experience 2.5 N/A FSO >2 Years Food Experience 1 N/A Total 14.5 0 Page 35 of 217
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food safety/occupational health & safety service plan 2022/2023 26 The anticipated increase in our inspection activity due to the new Food Law Rating Scheme and intended roll out of OCV for approved premises and high risk Group 1 manufacturers placed doubt over North Lanarkshire Council’s resource capability to deliver its estimated inspection activity in 2019/2020. This resulted in the creation of an additional 2 FTE permanent EHO posts in November 2019. A review of Business Regulation Management Resource undertaken in August 2020 led to the creation of a third SEHO post and the deletion of a front line EHO post. Following approval at the Workforce Steering Group on 23 July 2021 for an additional 3 temporary EHOs/FSOs to assist with COVID recovery, recruitment campaigns for temporary staff were unsuccessful. FSS Resource Methodology Guidance was utilised to identify any potential shortfall in staffing compliment. Programmed food law Interventions resumed on 1 September 2021 following the Desktop Transfer and revised Intervention Programme. However, for performance monitoring and reporting purposes, the Intervention Programme Start Date for North Lanarkshire was 1 October 2021 as this will keep all quarterly reports aligned with normal Service planning and reporting. It is anticipated that the total resource required from the Intervention Programme Start Date of 1 October 2021 (provisional date) is as follows, as detailed in Appendix 4 Table 4: Activity/ statutory Duty Required FTE resource calculated- annual Required FTE resource calculated - over 5 years Food Law Recovery process visits 16.55 Food Interventions – first recurring programmed intervention only 18.80 FL intervention revisits 4.05 FL Interventions re Poor Compliance and New Businesses Year 1 Only 6.73 New Business Interventions Years 2 to 5 3.174 12.7 Service Requests 5.49 27.45 formal food enforcement notices 0.5 Health & Safety Enforcement 3 15 OCV/ group 1/Primary Producers 1.51 7.55 Subtotal – 5 year resource FTE 109.33 (21.87 Average per annum) Sickness/ Special Leave & Training 1.98 9.91 Miscellaneous Additional Demands on Service Resource 5.24 Total 124.48 FTE over 5 years 24.90 FTE per annum (average) Page 36 of 217
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food safety/occupational health & safety service plan 2022/2023 27 A ‘standard day’ figure for the calculation of resources required to meet food law obligations has been considered and determined that the figure of 5 hours is the most suitable. This figure accords with that in the OCV resource calculation. The number of working days per officer per year, taking account of annual leave and public holidays is 218, however other leave such as sickness absence, special leave and training still need to be factored in. This other leave has been considered in the above table to determine resource needed. As an alternative to recruitment consideration will again be given to the use of agency staff for inspections, if required, albeit any enforcement action will require to be handed back to NLC staff to implement. Costings of agency inspections will need to be undertaken before a final decision is taken on this. A review of North Lanarkshire Council resource to meet its statutory obligations in terms of the Interventions Food Law Code of Practice (Scotland) 2019 and Food Law Code of Practice (Scotland) 2019 has been undertaken as part of the Food Law Code of Practice Deviation Recovery Plan. The estimated resource requirement shows a deficit in our resource to meet statutory requirements, even if the current vacant posts were to be filled. There is a national shortage of Environmental Health Officers which impacts on the success of recruitment campaigns, particularly for temporary posts. The estimated resource requirement is under ongoing review. At July 2022, we are still within Year 1 of the Intervention Programme Start Date. 4.3 Staff Development Plan The Service is committed to ensuring that staff receive sufficient training in order to properly conduct their statutory duties. The key aim of the performance review & development scheme (PRD) is to provide a means of identifying training which meet their professional requirements and help reach the targets of the Operational and Service Plans as well as the Single Outcome Agreement Framework. Limited management capacity within Business Regulation coupled with preparations for EU exit dates set and resource demands from the pandemic meant the Business Regulation Service was unable to deliver PRDs within 2019/2020, 2020/2021 and 2021/2022. As yet there has not been the resource to do so within 2022/2023. It is however ensured that all Business Regulation staff undergo a minimum of 10 hours of Continuous Professional Development (CPD) in food related matters, in line with requirements of the Food Law Code of Practice (Scotland) 2019. This was achieved in 2019/2020 ,2020/2021 and 2021/2022. In addition, all Environmental Health Officers within Business Regulation undergo a minimum of approximately 3 hours of health and safety CPD annually. Adequate time needs to be set aside to allow officers to familiarise themselves with new and amended legislation and guidance e.g. that relating to improving allergen information for food sold prepacked for direct sale introduced October 2021 (Natasha’s Law). In addition, there has been a need for officers to refamiliarize themselves with other food guidance as a result of food interventions having been stood down. Food Standards Scotland rolled out Level 4 HACCP Courses and OCV courses and which were successfully delivered online during the pandemic. The HACCP course lasted for 5 days with exams on the 6th day. The revised HACCP run in 4th quarter of 2021/2022 lasted for 4 days with exams on the 5th day. In addition, 1 day study leave is given to each officer attending to prepare for exams, in accordance with the Council’s Special Leave Policy. The OCV course also lasts for 4 days with exams on the 5th day. The revised OCV course during 2021/2022 ran for 3 days, with 14 hours pre-course reading. The time allocated to each course by the Council will be 6 days for Level 4 HACCP and 5 days for OCV. During 2021/2022 we had 15 staff attend OCV training and none attending Level 4 HACCP. It is hoped that during 2022/2023 4 staff will attend OCV training and 4 will attend Level 4 HACCP Training. During the first quarter of 2022/2023, 20 Business Regulation staff underwent Food Competent Certifying Officer (FCCO) training and successfully completed the examination. This qualifies BR Staff as FCCOs to provide and validate export health certificates and attestations for the purpose of international food exports post EU exit. Resource required for training is included within Appendix 3 Table 12 - Summary Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period (Oct 2021-Sep 2026). Page 37 of 217
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food safety/occupational health & safety service plan 2022/2023 28 SECTION 5: QUALITY ASSESSMENT 5.1 Quality Assessment and Internal Monitoring Key food safety and health & safety policies and procedures are included within an ISO 9001: 2008 compliant Quality System and within the Services Food Policies and Standard Operating Procedures and are periodically reviewed to reflect on-going legislative and procedural changes. In response to the 2018 Audit by FSS, we reviewed our internal monitoring, which had previously formed part of the ISO System, and implemented an Internal Monitoring Policy and Procedure to ensure that the nature and quality of food law interventions undertaken by officers are, so far as is reasonably practical, carried out to a uniform high standard and that interpretation and action taken by officers is consistent. This Internal Monitoring Policy and Procedure was stood down due to the pause in food law interventions and the additional pressures placed on the Service in response to the pandemic. This is now being re-established following the restart of the food law recovery plan. SECTION 6: REVIEW 6.1 Review against the Operational Plan The Service Plan is reviewed quarterly by the Assistant Business Manager (Business Regulation) and details of reviews will be documented in the minutes of the PSMT and any decisions taken to address deficiencies shall be recorded therein. Review and reporting delivery of the 2019/2020 Service Plan was not concluded due to pressures placed upon the Service due to the pandemic. The intervention programme was not concluded because inspections were stood down on 17 March 2020. Inspections missed because of that are incorporated into the Food Recovery Plan contained within this Service Plan. Annual performance reports of Key Performance Indicators shall be published on North Lanarkshire Council’s website at: www.northlanarkshire.gov.uk. Review and reporting delivery of the 2021/2022 Service Plan was not concluded due to pressures placed upon the Service due to the pandemic. It is intended to resume review against the Operation Plan during 2022/2023. 6.2 Identification of any Variation from the Operational Plan Variances from the Operational Plan will be highlighted at the time of the review and any reasons for the variance will be noted along with any corrective action, if appropriate. 6.3 Areas for Improvement Any areas identified as requiring action will be detailed as part of the audit and review process. These will be addressed by the Protective Services Manager and the Assistant Business Manager (Business Regulation) as part of the review process and action taken shall range from immediate action to inclusion in the Operational Plan for future years. Business Regulation participated in the NL Digital Sprint during 2021/22 for Licensing activities before the main Service Sprint is undertaken during 2022/23. The full Digital Sprint was due to have been undertaken in spring 2021 and then January 2022 but had to be pushed back due to other demands on the Service. It is anticipated participation in this may last approximately 7 months and commitment could be 2 to 3 workshops per week across the different service areas, with each workshop usually lasting up to 3 hours per workshop. It is anticipated that at least one front line staff member would participate in each workshop. The resource capacity for this is included within Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource. Review and upgrade of MIS will also require a resource capacity which is difficult to determine and which will add to the demands placed on the Service. In addition to the above there are Business Regulation Service Improvement Working Groups which are set up, as required. The estimate of anticipated resource required is included within Appendix 3 Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource. Page 38 of 217
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food safety/occupational health & safety service plan 2022/2023 29 SECTION 7: PERFORMANCE PLANNING 7.1 Performance Plan The Performance Plan for 2022/2023 details the targets which have been set for key areas of work. Monitoring against these key areas will be undertaken on a quarterly basis as part of the review process and reasons will be recorded for any non-conformance together with the appropriate corrective action. Inspections resumed on 1 September 2021 following the Desktop Transfer and revised Intervention Programme. However, for performance monitoring and reporting purposes, the Intervention Programme Start Date for North Lanarkshire was 1 October 2021 (with the agreement and approval of FSS) to keep all quarterly reports aligned with normal Service planning and reporting. At 1 April 2022, we were 6 months in to Year 1 of a 5 Year Food Law Recovery Plan. The details are listed in the Appendix 1 Business Regulation Performance Plan below. Page 39 of 217
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food safety/occupational health & safety service plan 2022/2023 30 Appendix 1 - BUSINESS REGULATION PERFORMANCE PLAN Note: The Intervention Programme Start Date for North Lanarkshire’s food law recovery was 1 October 2021 to keep all quarterly reports aligned with normal Service Planning and Reporting. The food law recovery plan is programmed for a 5 year period from 1 October 2021. Core Activities Target Start & Stop Dates Projected Achievements/ Outcomes Lead Team Other Teams Monitoring Arrangements BR1 Food Law Code of Practice Deviation Recovery Plan 1 April 2022 to 31 March 2023 Continue the Food Law Code of Practice Deviation Recovery Plan in accordance with FSS and Scottish Food Enforcement Liaison Committee broad principles BR Service None Quarterly review when implemented. BR 2 Food Law Inspections of all risk rated premises. 1 April 2022 to 31 March 2023 Undertake 70% of inspections within deadlines set from FLCoP Deviation Recovery Plan. BR Service None Monthly – Assistant BR Manager / Quarterly review. BR 3 Sampling in Food Premises. 1 April 2022 to 31 March 2023 Develop sampling programme and take samples within scope of sampling agreement with GSS & FLCoP Deviation Recovery Plan. Priority given to samples from Approved or manufacturing premises located within North Lanarkshire. BR Service None Sample numbers monitored by PS Manager. Assistant BR Manager to monitor follow-up of reports of sample failures. BR 4 National Food Sampling Programme. 1 April 2022 to 31 March 2023 Seek to conduct food sampling in partnership with other agencies, in accordance with national programmes & FLCoP Deviation Recovery Plan. BR Service FSS, WOSF LG Quarterly review of programmes/ sample types by Assistant BR Manager. BR 5 Investigation of Food Complaints. 1 April 2022 to 31 March 2023 Commence investigation of 90% of complaints within 2 working days of receipt. BR Service None BR Managers monitor progress of investigation. BR 6 Sampling from Public Water supply. 1 April 2022 to 31 March 2023 Limited to domestic complaint samples after referral to SW has not resolved issue and sampling of commercial premises (manufacturers and approved premises), as appropriate. BR Service None Quarterly review by Assistant BR Manager. BR 7 Investigation of Infectious Disease Reports. 1 April 2022 to 31 March 2023 Respond to 94% of notifications in accordance with the NHSL Epidemiological Investigation Protocol. BR Service None Assistant BR Manager Page 40 of 217
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food safety/occupational health & safety service plan 2022/2023 31 BR 8 Requests for assistance and advice. 1 April 2022 to 31 March 2023 Respond to 93% of high risk requests for assistance/advice within 2 working days of receipt. BR Service None BR Managers to conduct random checks. BR 9 Requests for assistance and advice. 1 April 2022 to 31 March 2023 Respond to 93% of low risk requests for assistance/advice within 5 working days of receipt. BR Service None Assistant BR Manager BR 10 Ongoing review of food safety policies and procedures in line with Food Law Code of Practice (Scotland). 1 April 2022 to 31 March 2023 Review policies and update where required. BR Service None Monitoring undertaken by Assistant BR Manager. BR 11 Professional Training. 1 April 2022 to 31 March 2023 Ensure all BR Officers meet professional development targets including that required by the Food Law Code of Practice (Scotland) and FCCO training, as required by APHA. BR Service Yes BR Managers ongoing review. Monitoring for Standby Officers undertaken by Protective Services Manager. BR 12 Food Hygiene Information Scheme (FHIS). 1 April 2022 to 31 March 2023 Maintain and supply data for FHIS BR Service None Assistant BR Manager BR 13 Food Hygiene Information Scheme (FHIS). 1 April 2022 to 31 March 2023 70% of food premises achieve the FHIS ‘Pass’ award. It is anticipated there will be a greater number of Improvement Required due to pause in programmed interventions. BR Service None Assistant BR Manager Quarterly review. BR 14 Food Premises Registration Form 1 April 2022 to 31 March 2023 Continue to develop online registration of food establishments as Digital NL Sprint progresses BR Service IT Assistant BR Manager BR 15 Applications for approval under Regulation EC No 853/2004 1 April 2022 to 31 March 2023 Ensure that all applications for approved premises are processed within the legislative timeframe & within FLCOP Deviation Recovery Plan. BR Service None Quarterly review by Assistant BR Manager. BR 16 Audit of Premises approved under Regulation EC No 853/2004 1 April 2022 to 31 March 2023 Continue to progress implementation of the Official Control Verification (OCV) audit process for Approved Premises in line with FSS OCV Implementation Guide. BR Service None Quarterly review by Assistant BR Manager. Page 41 of 217
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food safety/occupational health & safety service plan 2022/2023 32 BR17 High Risk Group 1 Manufacturers 1 April 2022 to 31 March 2023 Continue to progress implementation of the principles of Official Control Verification (OCV) audit process for Group1 Manufacturers. BR Service None Quarterly review by Assistant BR Manager. BR 18 Private Water Supplies 1 April 2022 to 31 March 2023 Update and maintain register of Private Water Supplies. Continue to implement a monitoring programme for each regulated supply and each private water supply zone. For regulated supplies, continue to undertake risk assessments, where applicable, in relation to water introduced into, and supplied through and from, each private water supply system to premises in its area, to establish if there is any risk that the water could pose a potential danger to human health. BR Service None Quarterly review by Assistant BR Manager. BR 19 Process all applications for Private Water Supply Grant Assistance 1 April 2022 to 31 March 2023 Ensure that all applications for grant assistance are processed within the legislative timescale. BR Service None Quarterly review by Assistant BR Manager. BR 20 Attestation and Export Health Certification Requirements after EU exit. 1 April 2022 to 31 March 2023 Continue to provide Attestations and Export Health Certificates, as required. BR Service None PS Manager/ Assistant BR Manager. BR 21 Health and Safety Enforcement. 1 April 2022 to 31 March 2023 Implement the provisions of the National Local Authority Enforcement Code. Priority with regard to implementation will be dependent on resources and will focus on those provisions which are particularly relevant to North Lanarkshire Council. BR Service HSE Assistant BR Manager/ Quarterly Review. BR 22 Gas Safety and electrical safety in catering establishments. 1 April 2022 to 31 March 2023 Undertake surveillance in catering premises visited during food inspections for matters of evident concern relating to gas safety and electrical safety. BR Service None Assistant BR Manager/ Quarterly Review. BR 23 Hospitality Establishments-electrical safety, Legionella and storage of equipment when not in use. 1 April 2022 to 31 March 2023 To improve standards of compliance, increase awareness of legislative requirements to ensure electrical equipment with potential to cause injury is maintained in a safe condition. Remind duty holders to ensure both the fixed installation and electrical Assistant BR Manager/ Quarterly Review. Page 42 of 217
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food safety/occupational health & safety service plan 2022/2023 33 appliances are inspected by competent persons at appropriate intervals. Pubs, restaurants and cafés are urged to ensure outdoor electrical equipment such as lights and heaters are specifically designed for outdoor use, installed by a competent person and checked regularly for damage or water ingress. Useful guidance Electrical safety at work Local Project-Legionella controls in hotels and storage of equipment when not in use. BR 24 Health & Safety projects (subject to adequate resources and which will be dependent on FLCoP Deviation Recovery Plan). 1 April 2022 to 31 March 2023 (i) Proactive inspection of High Volume Warehousing/Distribution in respect of poorly managed workplace transport. (ii) Proactive inspection of industrial retail/wholesale premises in respect of poorly managed workplace transport/work at height/cutting machinery/lifting equipment. (iii) Raise awareness with relevant premises (e.g. restaurants, takeaways, warehouses that receive regular deliveries) the national priority in relation to welfare provision for delivery drivers that HSE guidance states that where it is practicable and appropriate, any onsite toilet and rest facilities should be made available to visiting workers if requested. (iv) incorporate into interventions of commercial catering premises using solid fuel cooking equipment, that appropriate measures are taken to prevent carbon monoxide poisoning from lack of suitable ventilation and/or unsafe appliances. (v) Visitor attractions to prevent or control ill health arising from animal contact-awareness raising, education or proactive intervention. (vi) Inflatable Amusement Devices-awareness raising of safety measures; BR Service HSE/ WSH& SLG Assistant BR Manager/ Quarterly Review. Page 43 of 217
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food safety/occupational health & safety service plan 2022/2023 34 (vii) Trampoline Parks/Inflatable Jump Parks- highlight with local duty holders improved information provision and supervision of users; (vii) Investigation of any patterns of accidents. (ix) Work Related Road Safety-awareness raising in LA enforced premises e.g. warehouses, restaurants, takeaways and other retail premises where workers make deliveries that law requires business to manage work related road risk in accordance with recently reviewed joint HSE/DfT guidance Driving and Riding Safely for Work (x)Falls from height-work on/adjacent to fragile roofs/materials- where identified during visits discuss associated risks, to ensure prospective clients for repair and maintenance work (owner or building user) are aware of their duties under CDM 2015 and the precautions needed, referring them to the appropriate guidance Fragile roofs: Safe working practices (hse.gov.uk). In relation to ‘Slips, Trips & Falls’, handling hot liquids, and safety of solid fuel ovens in catering premises, work at height and fragile roofs; continue to look for each officer to undertake at relevant businesses whilst carrying out other interventions, where resources allow. In addition include from new premises identified and added to database from visits, planning applications, licensing etc; Additional projects will be added to those detailed above if they become relevant having been highlighted nationally by the HSE, regionally by the WSHSLG or by local intelligence. Page 44 of 217
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food safety/occupational health & safety service plan 2022/2023 35 BR 26 Health and Safety-Recording of interventions of MIS 1 April 2022 to 31 March 2023 Develop SOP for officer recording of health and safety interventions. BR Service Assistant BR Manager BR 27 Licensing Applications 1 April 2022 to 31 March 2023 Ensure licensing responses to consultation are made within 10 working days. BR Service Licensi ng Assistant BR Manager BR 28 Skin Piercing & Tattooing Licensing Applications 1 April 2022 to 31 March 2023 Review licence conditions associated with Skin Piercing & Tattooing Licensing Applications BR Service None Assistant BR Manager BR 29 Process all applications for skin piercing and tattooing licences. 1 April 2022 to 31 March 2023 Ensure that all applications are processed within the legislative timescale BR Service None Assistant BR Manager/ Quarterly Review BR 30 Skin Piercing & Tattooing Licenses 1 April 2022 to 31 March 2023 Develop Licences incorporating photograph of operator for Skin Piercers and Tattooists BR Service None Assistant BR Manager/ Quarterly Review BR 31 Investigation of reported accidents 1 April 2022 to 31 March 2023 Commence 88% of investigations required by HSE incident selection criteria within 3 working days. BR Service None Assistant BR Manager/ Quarterly Review BR 32 Maintain OHSAS 45001 Standard Accreditation. 1 April 2022 to 31 March 2023 Implement any action plan provisions following an internal and/or external audit. BR Service EH & BI PS Manager/Assistant BR Manager. BR 33 Review Business Regulation Procedures and Work Instructions relevant to internally audited ISO 9001 standards. 1 April 2022 to 31 March 2023 Where resources allow, review BR Procedure and Work Instructions relevant to ISO 9001 standards. BR Service EH & BI Assistant BR Manager/ Quarterly Review. BR 34 Customer Satisfaction Surveys 1 April 2022 to 31 March 2023 Review Business Regulation question set for Customer Satisfaction Surveys In respect of internally audited ISO 9001 standards. BR Service EH & BI Assistant BR Manager. BR 35 Joint Public Health Protection Plan. 1 April 2022 to 31 March 2023 Participate in training events and work in partnership with NHS Lanarkshire Health Board and South Lanarkshire Council, as appropriate. BR Service NHS LHB PS Manager/ Assistant BR Manager. BR 36 Review of Fees & Charges 1 April 2022 to 31 March 2023 Review Business Regulation Fees and Charges BR Service None PS Manager/ Assistant BR Manager. Page 45 of 217
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food safety/occupational health & safety service plan 2022/2023 36 BR 37 Planning and building control consultations 1 April 2022 to 31 March 2023 Ensure planning and building control responses to consultation are made within 10 working days. BR Service Built Env PS Manager/ Assistant BR Manager. BR 38 Management Information Systems 1 April 2022 to 31 March 2023 Review adequacy of current MIS (Civica). BR Service None PS Manager/ Assistant BR Manager. BR 39 Template Notices 1 April 2022 to 31 March 2023 Review of Template Notices used by Business Regulation BR Service None Assistant BR Manager. BR 40 Digital NL 1 April 2022 to 31 December 2023 Develop File Plan for Business Regulation BR Service None Assistant BR Manager. BR 41 Digital NL 1 April 2022 to 31 March 2023 Participate with Digital NL Sprint for Protective Services as required BR Service CE Dept PS Manager/Assistant BR Manager. APPENDIX 2- STATEMENT OF COMMITMENT BETWEEN LOCAL AUTHORITY AND HSE REGULATORY SERVICES Appendix 2 - Statement of commitm APPENDIX 3- TABLES OF CALCULATIONS AND INFORMATION RELATING TO STAFF RESOURCES Contents • Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out • Table 2 - Food Law Interventions Recovery- Officer FTE Resource Calculation Per Intervention Category (Recovery Visits Only) • Table 3 - Estimate of Timescales and Numbers for First Next Programmed Intervention After Food Law Recovery Intervention • Table 4 - Calculation of Resources Required for First Next Programmed Intervention After Food Law Recovery Intervention • Table 5 - Combined Estimate FTE Resource Calculation Per Annum for Food Law Recovery and Pi Interventions Page 46 of 217
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food safety/occupational health & safety service plan 2022/2023 37 • Table 6 - Summary of FTE Base Resource Needed to Meet FLRP+ First Recurring Pi Thereafter • Table 7 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions • Table 8 - Additional Food Law Interventions Arising from Poor Compliance and From New Businesses • Table 9 - Estimated Resource Required for Formal Food Enforcement Notices • Table 10 - Service Requests Resource Summary-Based on A Typical Year Pre-Covid (2018-19) • Table 11 - Miscellaneous Foreseeable Additional Demands on Service Resource • Table 12 - Summary Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period ( Oct 2021-Sep 2026) Appendix 3 - tables of resource calculation APPENDIX 4- UPDATED TABLES OF CALCULATIONS AND INFORMATION RELATING TO STAFF RESOURCES (2022/2023) Contents • Table 1 - Annual Breakdown of Food Law Recovery Plan Interventions Required to Be Carried Out • Table 2 - Food Law Interventions Recovery- Officer FTE Resource Calculation Per Intervention Category (Recovery Visits and New Premises Visits Only) • Table 3 - Estimate of Minimum FTE Resource Requirement for Revisit Interventions • Table 4 - Estimate of Resources Required to Deliver Business Regulation Service Across the Food Law Recovery Period ( Oct 2021-Sep 2026) Appendix 4 -tables of resource calculations 2 APPENDIX 5 – PREMISES OUTWITH FOOD LAW RATING - CALCULATION OF REQUIRED ANNUAL RESOURCE ( JULY 2022) - APPROVED PREMISES, HIGH-RISK GROUP 1 MANUFACTURERS AND PRIMARY PRODUCERS Appendix 5 OCV & Group 1 Resource 202 Page 47 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: AM/PB Date 24/08/22 Update Paper - Actions Taken Relevant to Rodent Complaints From Andrew McPherson, Head of Regulatory Services & Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary Following a motion to full Council of 13/08/2020, it was agreed to record and analyse all reports of rat sightings made to the Council and report the data to the relevant Council committee at regular intervals to help measure the scale and impact of the issue and inform the Council’s approach moving forward. At the full Council budget meeting of 02/03/2021, when the revenue budget was set for the 2021-2022 financial year, an extra £150,000 was awarded to Protective Services to treat defined priority areas experiencing high levels of rat infestation, to address local concerns. As part of the Recover NL funding provided to Services over financial year 2022/23, it was agreed that there would be a continuation of a free rodent control service delivered by the Council’s Protective Services division. This report provides an update on the steps that continue to be taken in respect of the action plan which has been devised in order to direct our resources to the areas of most significant concern, co-ordinating our response to the best effect and delivering improvement works. Recommendations It is recommended that Committee: • Support the actions that have and will continue to be undertaken to address identified problem areas. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection AGENDA ITEM 3 Page 49 of 217
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1. Background 1.1 The full Council meeting held on 13/08/2020 agreed a motion to: “Record and analyse all reports of vermin sightings made to the Council and report the data to the relevant Council committee at regular intervals to help measure the scale and impact of the issue and inform the Council’s approach moving forward”. 1.2 The full Council budget meeting held on 02/03/2021 agreed to provide one off annual funding of £150,000 to: “Treat defined [Pest Control] priority areas over the summer period to address local concerns.” 2. Report 2.1 On 10/02/2021, a paper was submitted to the Environment & Transportation Committee on ‘Analysis and Actions Taken Relevant to Rodent Complaints’. That paper noted data on the historical prevalence of rats within North Lanarkshire, tabulating information on rat complaints logged and dealt with by the Service. 2.2 An update position on rat complaints logged and dealt with by the Service is detailed in Table 1 below: Table 1 Financial year Enquiry Response Within 2 Days Rat Sightings but no Treatment** Treatment - Private Property. Treatment – Council Property Total 2020 - 2021 786 1,169 1,955 98% 131 2021 - 2022 2,230 1,007 3,237 96.2% 223 2022 – 2023 to date * 824 354 1,178 77.9% * 27 * Latest data compiled on 27/06/2022 (further data input on first response date is pending; performance figures will increase as this data input is completed) **Where rats are sighted but no treatment is possible. 2.3 As previously reported, throughout the pandemic several factors have combined to contribute to an increase in the number of rat sightings and complaints within the Council area. As a further interim measure to assist in addressing the increase in rat numbers, a temporary suspension of pest control charging for rats and mice was agreed at full Council on 17/06/2021. Following allocation of funding towards the Recover NL programme for financial year 2022/23, this suspension of charging will now remain effective until 31/03/2023. 2.4 With the assistance of Council colleagues in the GIS team, we continue to record monthly data in respect of rat complaints and then plot this on a geographical basis. Analysis of this information allows the Service to prioritise proactive baiting to address Page 50 of 217
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concerns in any part of the Council area. The analysis of this heat map data affords the pest control service the capacity to identify areas where the scale of the problem is greatest. 2.5 In conjunction with colleagues from Corporate Communications, the service delivered an online advertising ‘Rat Prevention’ campaign. At the conclusion of the campaign, the website analytics were compiled and it was noted that the campaign had attracted a very large number of new users to the website, and was in fact the highest percentage of new users at that time, achieving a figure of 61.04% of all new users. 2.6 The Service also produced a successful outdoor digital advertising and bus advertising element to the campaign. An example of the advertisement is included as an appendix to this report. The advertisement included a QR code which members of the public could scan on their mobile devices in order to access this website information page: https://www.northlanarkshire.gov.uk/pests-and-pollution/how-prevent-rats 2.7 In February 2022, issue number 33 of the Council’s Tenants’ newsletter was utilised to increase the reach of the campaign. This publication included an article providing ‘Advice for households on preventing vermin’: https://www.northlanarkshire.gov.uk/sites/default/files/2022- 02/Tenant%20Newsletter%20Issue%2033%20Accessible%20Final.pdf 2.8 With the assistance of colleagues in the Housing service, the Service organised work to clean up identified gardens and the wider public space across the Jerviston area. This work took place over 20th and 21st May 2022 and involved 44 skip loads of waste and refuse being removed. The work in this area proved very successful and was fully supported by the local community. 2.9 Similar to this initiative, colleagues in Housing have also assisted with organising a similar clean up campaign across the Craigneuk area on the 29th and 30th June 2022. A ‘one off’ bin amnesty was also delivered by the Council’s waste service to allow contaminated bins to be emptied and brought back into service. 2.10 A further clean of fly-tipping and refuse accumulations in the Forgewood area was undertaken at the end of June 2022, in order to take a further opportunity to remove as much waste and fly-tipped materials as possible to coincide with the installation of new bins and bin infrastructure. This should help to address long standing issues with the bin architecture which presented an unacceptable risk of harbourage for vermin. 2.11 Similarly, a clean-up of fly-tipping in Holytown, which presented an unacceptable risk of harbourage for vermin, has been completed. Digital advertising was also used to promote the free service for rats and mice which has resulted in an increased use of the service. 2.12 Newmains, Crindledyke and West Crindledyke areas have now been fully inspected. Work to clean up identified gardens in relation to waste accumulations, and to cut back vegetation in identified public spaces, will now be coordinated over the coming few months. Further areas that have still to be assessed include Kirkwood and Kirkshaws, Moodiesburn, and Carfin / Newarthill and these will be completed by the end of the calendar year. 2.13 Overall, it is noted that the promotion of the free pest control service in respect of rats and mice, via the digital advertising platforms, has resulted in an increased uptake of Page 51 of 217
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the service in general, which means that rat infestations are being professionally tackled and successfully eradicated. 2.14 A further report on this issue will be submitted to Committee during the first cycle of the new year. 3. Measures of success 3.1 A gradual reduction in rat numbers throughout the Council area leading to an overall improvement in the environment of local communities. 4. Supporting documentation 4.1 Appendix 1 - Copy of the advertising which was displayed on buses and outdoor digital advertising spaces. Andrew McPherson Head of Regulatory Services & Waste Solutions Page 52 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The current suspension of charging for rats and mice has removed any financial barrier that some low-income households may have to securing effective and professional pest control treatment. If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☒ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Additional costs and reduced income associated with the suspension of pest control charging and associated clean ups will be managed through the use of the temporary Recover NL funding. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Page 53 of 217
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Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The identification of hotspot areas, and their improvement through effective treatments for rat infestations, will have a positive impact on the local environment and its use by local communities. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 54 of 217
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Appendix 1 Page 55 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref DB/JMcK/LS Date 24/08/22 Developing North Lanarkshire’s Journey to Net-zero Greenhouse Emissions PO87.1.2: Climate change – committing to net zero From James McKinstry, Asset & Procurement Solutions E-mail McKinstryj@northlan.gov.uk Telephone 07939281102 Executive Summary Achieving net-zero greenhouse gas emissions is a significant task and challenge for the council. The council has set its own ambitious timescale for achieving this ahead of the nationally set 2045 date. This report examines the council’s net-zero progress and journey to date, and some of the actions it is required to achieve and / or facilitate through national policy development and regulation in the next few years. The progress to date has been enhanced via extenuating influences and therefore highlights the need to upscale the delivery of actions in order to make good progress. The absence of a defined North Lanarkshire pathway to net-zero indicates that there is a gap in the council’s knowledge and expertise and therefore a need for external assistance. Recommendations It is recommended that the Environment and Place Committee: (1) Acknowledge the continuous improvement of climate change governance within the council (2) Acknowledge other Scottish local authorities face similar challenges to the council in reaching net-zero by 2030 (3) Recognise the efforts of services in terms of their current commitment to net-zero (4) Acknowledge that there are key points in the council’s journey to net-zero predetermined via legislation and regulation (current and impending) (5) Whilst acknowledging the excellent progress made to date within existing resources recognise and support that there is a need for external assistance to facilitate the next steps of the council’s climate change delivery programme (6) Be advised that future updates on progress will be provided AGENDA ITEM 4 Page 57 of 217
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The Plan for North Lanarkshire Priority All priorities Ambition statement (25) Ensure intelligent use of data and information to support fully evidence based decision making and future planning Page 58 of 217
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1. Background 1.1 Since the signing of the climate change declaration in 2007 the council has committed itself to tackling this issue. We have through our initial carbon management plan (2010) and the Local Housing Strategy incorporated to varying degrees climate change, energy efficiency and fuel poverty into our action planning such as Scottish Housing Quality Standard (SHQS), Energy Efficiency Standard for Social Housing (EESSH) and Non-Domestic Energy Efficiency (NDEE). With the introduction of the duty to report annually on our compliance with the Climate Change (Scotland) Act 2009 [as amended], our focus has widened as an organisation recognising the need to not only fulfil our responsibility to mitigate but to adapt and act sustainably. i.e. meet the full extent of our duties. 1.2 The North Lanarkshire Climate Plan ACT2030 is the first in a suite of documents to set the strategic direction for achieving net-zero greenhouse gas emissions and is based on the target set within the council’s Climate Emergency declaration. Figure 1 NLC's Carbon Boundary (excluding social housing) 2020-21 1.3 The council has made good progress in its climate journey, and this is supported in the 56,714 carbon tonnes equivalent (tco2e) reduction of its reported footprint (Figure 1) which is nearly half of emissions reported in its baseline year of 2015/16. There has been steady project delivery via the Non Domestic Energy Efficiency Framework as well as the street light conversion programme. Internal policies have impacted on the annual footprint such as the ‘bin amnesty’ in 2017/18 and the increase in miles to be reported due to changes to business mileage in 2021. The council has benefited from the Clyde Valley Residual Waste Project in that Municipal Waste to Landfill emissions have been reduced by 77.24%. There are other influences which enhance our progress such as the decarbonisation of the electricity grid factors that has resulted in a 49.4% reduction in the emissions generated by 1 kilowatt. This combined with a 24.88% reduction in electricity consumption has resulted in an overall reduction of 61.99% in electricity related emissions. The two examples highlighted account for 44.71% reductions in the emissions from the baseline. 1.4 The council has expanded its climate related activity, and this is reflected in the consolidated Services’ Climate Plan Actions (See Appendix 2) however it is clear that whilst there is a significant level of action and intent, these actions alone are not sufficient to achieve our climate target set for 2030. There are many challenges faced by the council however an acceleration and upscale of deliberate action is what is required to achieve net-zero greenhouse gas emissions. Finance is key to this. Identifying appropriate funding sources is and will continue to be a challenge for the council. Page 59 of 217
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1.5 Committee should note that the council are not alone in setting challenging targets1 with the City of Edinburgh, East Ayrshire, Falkirk, Glasgow, Midlothian, North Ayrshire, Renfrew and The Moray all setting their net-zero target for 2030. 1.6 It is not apparent the level of action and spend required to meet the council’s ambition of net-zero emissions. It is clear however that going forward, current projects are not sufficient in scale to solely effect progress towards the challenge that is net-zero. The current energy crisis has impacted on the country affecting the most vulnerable in our society, increasing the levels of fuel poverty to approximately 33%-50% of households. The Tackling Poverty Strategy looks to address this particular issue through maximising households’ finance and the provision of advice and assistance. It however cannot address the cost of energy. There is an obvious ‘unaddressed need’ for locally generated, affordable energy. 1.7 The Heat in Buildings Strategy has an expectation that all buildings including domestic properties will have zero emission heat requirements in the future. Local authorities in particular are expected to accelerate this action. (At time of writing, electricity is not carbon-free despite the scale of renewable generation in Scotland). District heating is being cited as the way forward for decarbonisation and the Heat Networks (Scotland) Act 2021 has been introduced as a mechanism to regulate this. This will provide opportunities for communities to benefit from affordable heat and lower the per capita emissions. The Local Heat and Energy Efficiency Strategy will be required to incorporate this (the decarbonisation and affordability of heat). 1.8 There are significant challenges to the council and the area of North Lanarkshire. Addressing the energy and heat needs individually would continue to lack sufficient scale and be resource intensive. The Scottish Government Energy Strategy’s 2050 Vision includes local energy economies which support local energy security, decarbonisation coupled with affordability for residents, communities and business. The council must examine opportunities via project development such as the provision of: • Heat; • Electricity; • Meeting transport needs (including hydrogen); and • Energy storage 1.9 Renewable technology has long been the guided path for decarbonisation and was mandated via the EU 20-20-20 directive. With 98.6% of gross electricity consumption in 2020 met by renewables, the March 2021 position statement of the Scottish Government’s Energy Strategy continued the national commitment to increase both on and off shore renewables. 1.10 Hydrogen has long been on the ‘routemap’ to net-zero however it has never been certain of ‘when’. Until now it has appeared too far off to be a reliable heat solution and thus often disregarded in the planning of local energy systems; however significant progress has been made recently with isolated projects and this will be more of a viable solution in the coming years. 1.11 Hydrogen is also viewed as a good option for decarbonising transport. Although the car industry is moving towards a more electrical solution for light goods vehicles (LGV’s), hydrogen now seems to be the fuel of choice for heavy goods vehicles (HGV’s) due to 1 See Appendix 1 Page 60 of 217
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their greater range. The concern at present is that there is a chicken and egg situation – no HGV fleet will move to Hydrogen vehicles without a guaranteed fuel supply and no fuel supplier will invest in infrastructure if there is no market. North Lanarkshire benefits from having good transport links and therefore is a likely location for facilitating the growth in both road and rail use of hydrogen: • On-road – a road network of 1,701 kilometres including the M8, M73 and M77. Pre-pandemic over 2.06 billion vehicles miles were travelled in the area through 6.85% of traffic on major roads. • Rail – 24 passenger stations serve the Westcoast and Eastcoast mainlines, North Clyde line, Cumbernauld line, and Wishaw Deviation Line. There is good connections to both Glasgow and Edinburgh with the Mossend International Railfreight Park at Bellshill linking to the WCML and Freightliner’s Coatbridge terminal on the Motherwell to Inverness main line. 1.12 Transport emissions account for 47% of the North Lanarkshire carbon footprint (circa 1.2 million tco2e) and therefore the introduction of green hydrogen as dominant energy source for the area would assist the journey to net-zero and facilitate the decarbonisation of heat at point of use. 2. Report 2.1 This report examines the need for a firm plan of action that will contribute to large scale emission reductions within the organisation and in the area of North Lanarkshire in order to make good progress towards achieving net-zero greenhouse gas emissions. Improved Governance: Climate Change Board 2.2 There exists good collaboration between council services to facilitate and deliver climate action however it is complex and there remain barriers such as external policy drivers that create competing priorities as well as the need for more finance. In order to address this and enhance the council’s approach to climate change and carbon management, the Climate Change Group (CCG) has wound-up with the senior officer membership transferring to a newly formed Board. 2.2.1 The objectives of the Board reflect many Services’ priorities that directly or indirectly impact on climate change and sustainability, and these are: • Annual carbon reductions meet or go beyond annual reduction targets set within the Climate Plan ACT2030 • Existing or new partnerships facilitate carbon reductions and protection of biodiversity • All public buildings in North Lanarkshire will have zero emission heat requirements • The council’s housing stock is energy efficient and has low or zero carbon heat requirements • Reductions in waste emissions are maximised and recycling rates continue to improve • Greenspaces, woodland, and peatlands are protected • Minimal insetting is achieved via expansion of our woodland • Local energy and heat generation opportunities are maximised • Our procurement strategy is carbon-aware reducing embodied carbon and supporting the circular economy • Opportunities are provided to our school children to participate in climate action • Levels of fuel poverty are reduced in North Lanarkshire Page 61 of 217
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A national route map 2.2 Research carried out on behalf of the Scottish Government into public attitudes to climate change policy and a green recovery, showed that 79% of people surveyed believe climate change is a ‘immediate and urgent’ problem. They were also supportive of various policy levers and personal action in order to reduce greenhouse gas emissions. The research was used to inform policy development which was thereafter included in the ‘Update to the Climate Plan 2018-2032’ in December 2020. 2.2.1 The update to the Plan set out Scotland’s routemap across a number of significant sectors (Appendix 3). Key expectations of this are2: • reduction in emissions within the electricity sector assisted by carbon storage o New financial support for energy technology innovation o Renewed focus on local and community energy projects o Increased offshored wind generation o New focus on jobs and supply chain to support a green recovery • 68% reduction in buildings related emissions o Heat in Buildings Strategy Use of green gas (hydrogen and biomethane) Local Heat and Energy Efficiency strategies Fuel Poverty targets • 41% reduction in transport emissions o By 2030 a 20% reduction in distances travelled by cars (including electric vehicles) o Increased uptake of ultra-low emission vehicles i.e. produce less than 75 grams of CO2 for every 1 Kilometre travelled • 43% reduction in industrial sector emissions o Use of carbon capture o Use of alternative fuels such as hydrogen o Development of negative emissions technology • 56% reduction in waste related emissions o Wide spread application of circular economy reducing waste including that of food o Biodegradable municipal waste to cease going to landfill o Ban on single use plastics. (This came into force on 1 June 2022). • Land Use, Land Use Change and Forestry (LULUCF) emission to increase by 283% o Peatlands included within carbon accounting o Peatland restoration o Woodland creation • 24% reduction agriculture sector emissions o Rural policy development o Enhanced advisory service o Amended conditions for support payments o Low-carbon farming interventions • Negative Emissions Technology o Research into large scale application o Development of demonstrator projects Planning North Lanarkshire’s journey to net-zero 2 Extract from SPICe briefing on ‘Update to the Climate Plan – Key Sectors’ Page 62 of 217
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2.3 The delivery of some of the key expectations mentioned above will require the council to develop partnerships with the private sector as well as develop finance models to support the resulting actions. The national policy levers combined with the Services’ actions form an initial skeletal routemap for the council’s journey to achieving net-zero greenhouse gas emissions e.g.: • Decarbonisation of heat in our buildings • Meeting EESSH2 in our social housing stock • Reducing fuel poverty to 5% of households or below • Ban on biodegradable waste to landfill by 2025 • Phasing out of petrol and diesel vehicles • Decarbonisation of procurement • Nature based solutions in greenfield and brownfield sites • Develop of EV Charging Strategy. 2.3.1 The proposed development of an ECO park to replace the existing fleet and waste depot in Bellshill, is an example of embracing the net-zero challenge and developing a contributory action. 2.3.2 The cost of energy impacts on the finances of the council and other sectors, and will affect the local economy, with SMEs particularly challenged in the meeting of these significantly increased costs. It is likely that this will also have a detrimental impact on local employment rates. North Ayrshire have since the inception of the now-failed Our Power looked to generate energy with a view to benefiting through reduced reliance on the grid, therefore greater energy security as well as further decarbonisation of energy at source and having a financial income stream. There are issues they must overcome such as selling on their energy within the national energy framework. Their current activity within this area will act as a pathfinder for other local authorities as they develop their renewable capability. Procuring assistance 2.4. Defining the best course for North Lanarkshire to take in order to achieve net-zero greenhouse gas emissions sits out with the normal skill set of the council. 2.4.1 The council’s climate change activity needs to expand and address issues such as improving its climate resilience and energy security through the planning and development of local energy parks and microgrids. These types of projects would also assist the council in realising opportunities to generate income such as selling energy to the national grid. The council must explore the use of technology to develop resources such as green hydrogen. The failed ventures of other councils who have become Energy Service Companies (ESCOs) however illustrates the risk of the council itself embarking as an energy supplier. 2.4.2 The council needs to acquire the expertise to limit risk and facilitate wider climate action and related activity. It is therefore proposed that external expert professional advice is sought, to ensure overall best value for the Council and North Lanarkshire is obtained. This professional advice will partner with the council’s dedicated resource3 to take forward the net zero ambition and thereby forming an ‘energy’ partnership for North Lanarkshire. 3 Such as, but not exclusive to, the Climate Lead Officer and the revised post of Service Delivery Manager (Waste & Fleet) Page 63 of 217
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2.4.3 The Climate Change Board will consider how to take this forward with a view to incorporating within the next phase of the Programme of Work review. Future updates on progress will continue to be provided to this Committee. 3. Measures of success 3.1 A routemap to net-zero greenhouse gas emissions is established 3.2. Annual reductions in carbon emissions are achieved within the organisation and in the area of North Lanarkshire 3.3. Local green energy generation is increased 3.4. A net-zero and climate resilient North Lanarkshire 4. Supporting documentation Appendix 1 List of Scottish Local Authorities’ Declarations and Climate Target Appendix 2 Consolidated Climate Actions Appendix 3 Scottish Government Routemap extracted from the Update to the Climate Plan 2018-2032 James McKinstry Head of Asset & Procurement Solutions Page 64 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? At this point the author is aware that there will be financial impacts however this will be further explored by the new Climate Change Board 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? At this point the author is aware that there will be legal impacts however this will be further explored by the new Climate Change Board. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Page 65 of 217
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Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The proposed energy partnership will aim to achieve the council’s net-zero ambition and ensure that statutory targets are met. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Climate Change is contained within the corporate risk register. Page 66 of 217
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Appendix 1 List of Scottish Local Authorities’ Declarations and Climate Target Local Authority Climate Emergency Declaration Climate Target Specified (Net-zero emissions or carbon neutral) Applied to Council Area Wide Aberdeen City Council Yes 2045 √ Aberdeenshire Council No 2045 √ √ Angus Council Yes - - - Argyll & Bute Council Yes 2045 √ City of Edinburgh Council Yes 2030 √ Clackmannanshire Council No - Comhairle nan Eilean Siar Yes - Dumfries & Galloway Council Yes 2025 √ Dundee City Council Yes 2045 √ East Ayrshire Council No 2030 √ 2045 √ East Dunbartonshire Council Yes 2045 √ East Lothian No 2045 √ East Renfrewshire Council No 2040 √ Falkirk Council Yes 2030 - - Fife Council Yes 2045 (Fife have a Sustainable Energy and Climate Action Plan in place for the area of Fife) √ Glasgow City Council Yes 2030 √ Inverclyde Council No - Midlothian Council No 2030 √ North Ayrshire Council No 2030 √ North Lanarkshire Council Yes 2030 √ √ Orkney Islands Council Yes - Perth & Kinross No 2045 √ Renfrewshire Council No 2030 √ Scottish Borders Council Yes 2045 √ Shetland Islands Council Yes - South Ayrshire Council No 2045 √ South Lanarkshire Council No - Page 67 of 217
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Local Authority Climate Emergency Declaration Climate Target Specified (Net-zero emissions or carbon neutral) Applied to Council Area Wide Stirling Council Yes - The Highland Council No 2025 √ The Moray Council Yes 2030 √ West Dunbartonshire Council Yes 2045 √ West Lothian Council No No target Page 68 of 217
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Appendix 2 Consolidated Climate Actions Asset & Procurement Solutions Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation APS1 Generate on site a minimum of 10% of a community hubs energy demands. The council’s construction requirements will stipulate that a minimum of 10% of community hubs anticipated energy demands will be generated on site. The action will be incorporated within the budget of new build community hub programme of £236.829m 2022 2025 / 2026 A&PS Increase in KWh of onsite generation (Electricity or Heat) Baseline average: 8% Site Electricity Gas Solar Biomass Total % renewable Cumbernauld HS 722,495 3,033,955 28,662 1,254,928 5,040,039 25% Greenfaulds HS 605,440 1,533,854 455,084 2,594,378 18% CVHS 569,269 2,313,283 187,020 3,069,572 6% St Dominic's PS 59,645 231,004 9,424 300,073 3% St Edwards & Tollbrae PS 169,051 523,045 692,096 0% Hilltop PS 115,151 1,580,181 1,695,332 0% APS2 Orbiston community hub will be an all- electric solution for heat and power. Orbiston community hub will be an all- electric solution for heat and power thereby removing the use of natural gas from the council’s requirements. 2022 2025 / 2026 A&PS Demand (kWh/m2): 67 – 83 Emission reductions achieved from change of source i.e. gas to electric. APS3 Community hub projects energy (heat and power) consumption target to be less than 100Kw/m2/annum 2022 2025 / 2026 A&PS Emission reductions achieved through incorporating limiting consumption in the design of building. Demand < 100Kw Page 69 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation The councils ACRs will set the requirements for targeted energy consumption APS4 Energy efficiency Improvements in the Corporate Estate Works undertaken via NDEEF to reduce carbon emissions from buildings such as schools, offices, sport centres etc. Waste products arising from works will be recycled where appropriate. Proposed measures are lighting upgrades, BEMS optimisation, solar panels and reinstating existing CHP engines. £5m capital + Salix monies (including £200k for BEMS) 2022 2025 / 2026 A&PS Financial Savings £400k (estimate) Reduction in kWh in grid electricity and gas use: 2022/23 NDEE forecast Increase in money spent directly on carbon reduction measures APS5 BEMS installs in council buildings (schools, offices buildings, and community used buildings) Installation of heating controls in 11 NLC schools and remote access 2021 2022 A&PS Contribute to composite reduction in kWh consumption and associated carbon emissions. Financial Savings £19k (estimate) Page 70 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation to provide improved centralised control of heating systems APS6 Implement the Energy Policy The policy sets out commitment to reduce energy consumption by 3% annually. This will be achieved through reduction in temperature setpoints, increase of renewable generation and implementation of a heating season (Turning heating off over the summer period) - 2021 (Dec.) continuous A&PS Contribute to composite reduction in kWh consumption and associated carbon emissions. (Baselined 2021/22*4): Electricity & Gas 3% annual reduction Water 3% annual reduction APS7 Implement a Utilities monitoring database Implementation of a database to store all NLC utility invoices, validation of invoices and improving data quality. Utilisation of data to better benchmark building performance. £100k 2022 2027 A&PS Contribute to composite reduction in kWh consumption and associated carbon emissions. 4 *Baseline will be made available as it is collated for annual report Page 71 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation APS8 Sustainable Procurement Ensure that the council meets its responsibilities in terms of sustainable procurement promoting ‘reduce, recycle, reuse’ including the disposal of items 2022 continuous A&PS Incorporated within working procurement practices with a view to continuous review APS9 Sustainable Procurement Evidence the council’s compliance with the sustainable procurement duty of the Procurement Reform (Scotland) Act 2014 within the annual report 2022 annual A&PS Annual report provides account of compliance with the Procurement Reform (Scotland) Act 2014 APS10 Enterprise Contract impact on Climate Change. Ensure that the Enterprise Contract fully meets the requirement of Section 9 of the Procurement Reform (Scotland) Act 2014 by limiting unnecessary emissions, supporting a circular 2022 onwards EP Project Team & Service Area Sustainability Procurement Duty metrics will be incorporated within tendering process and in contract monitoring. Page 72 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation economy and where possible negating negative environmental impacts. APS11 NLC’s response to the climate and biodiversity emergency. Continue to lead the development of the council’s overall climate strategy and ambition - 2016 2030 A&PS Influence positive climate action APS12 Develop a climate engagement strategy Achieving area wide net zero emissions will require all stakeholders to engage in this area. The strategy will be the framework to communicate this. 2022 2023 A&PS Increase in public awareness and buy-in to climate agenda APS13 Continue to participate in NLP ACT Now The community planning partnership ‘North Lanarkshire Partnership’ ACT Now group is a forum for public 2021 continuous A&PS Increase in partnership working, knowledge and resource sharing Page 73 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation bodies, universities and New College Lanarkshire, third sector and other interested parties to share information and update on progress of their own activities. APS14 Create an online carbon/ climate literacy training module In partnership with TOD establish a basic training module for staff and elected members 2023 A&PS Increase in staff awareness of impacts on of behaviours and actions on climate Improved carbon impact reporting within internal reports APS15 Develop a NL response to Fuel Poverty Ensuring that our staff and partners maximise the use of referrals to HES and effectively address the causal factors of fuel poverty: poor energy efficiency (building and occupant); Cost of energy (encourage fuel switching); household income. - 2022 2040 A&PS Council decisions do not negatively impact on household finances nor energy costs of households. Fuel Poverty levels continue to reduce Page 74 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation APS16 Develop a LHEES for NL Lead/participate in the development of a Local Heat and Energy Efficiency Strategy 2022 Dec 2023 A&PS, BS, P&R Strategy is produced and adopted by December 2023 Page 75 of 217
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Housing Property & Projects Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation HPP1 Within the council’s housing stock continue to increase the number of homes that meet EESSH2 To meet the EESSH set for social housing by improving the energy efficiency of domestic buildings. This will be achieved by a fabric first approach and supported by high efficiency heating systems and enhanced where possible with the use of renewable technology. Funding of £114.8m in place and approved within the HRA 5 year capital plan (21/22 – 25/26). There is an additional £32.5m that can be drawn down for EESSH works 2020 2032 HP&P Annual EESSH indicators to Scottish Government Fuel poverty reductions (social figures) as measured by Scottish House Condition Survey All council properties will either pass EESSH2 or be an abeyance, subject to available funding. HPP2 Beyond EESSH 2 including PV’s Scottish Government has set a target of Net Zero for 2045 which includes housing. This will be achieved by greater insulation, renewable technology, insulated doors, windows. £2bn 2023 2030 HP&P Consistent reduction in energy requirements based on SAP calculations. Increase in the use of renewable technology Potential to reduce fuel poverty, although this is dependent on fuel price increases Date of 2030 for full Net Zero compliance is considered not feasible at this time based on likely available funding to that date. Further report currently commissioned looking at costs to meet Net Zero Target by 2045. HPP3 North Lanarkshire Council/Social £7.5m 2022 2025 HP&P Reduction in energy requirements based on SAP calculations and increase in EPC banding. Page 76 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Housing Net Zero Heat Joint Funding Project BISF house type upgrade: fabric first which includes EWI and solar panels. (£275,500 part funding from SG for 21/22) - further submission for majority of remaining addresses submitted May 2022 Potential to reduce fuel poverty, although this is dependent on fuel price increases Environmental Assets Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation EA1 Green Growth Accelerator SG funded development of a full business case for the Green Park Green power project installing a WSHP and solar array at SCP to generate green energy to offset our current usage and creating a third floor to the WSC to accommodate education use without portacabins. £80,000 Oct 2021 Apr 2022 EA Business Case developed for local energy system to support Strathclyde Park energy needs EA2 Cycle Facilities hub at Bellshill £1 million June 2021 Sept 2022 EA Increase in local residents cycling within the Bellshill / Strathclyde Country Park Area Page 77 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Creating a new set of cycle facilities which have the potential to create a modal shift EA3 Wildflower Planting Areas identified within Country Parks where current short mown amenity grass could be converted to wildflower meadow TBC Nov 2021 Nov 2025 EA Increase in wildflowers in greenspace areas EA4 Kilsyth Flood Protection Scheme Implementation Following assessment to implement measures within the Kilsyth catchment to provide resilience to a 1 in 200 flood, provides new walking routes around the marsh TBC TBC Fea sibil ity Stu dy com plet ed Detai led desig n to be com missi oned EA Improved resilience to seasonal and intense rainfall events EA5 Dumbreck & Garrell River Re-Meandering Project joint funded by NLC & SEPA Project to provide significant biodiversity Est £4.5 million 2020 2022 EA Future protection of local biodiversity and restoration of natural flow of the Garrell River Page 78 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation improvement to the Dumbreck & Garrell in Kilsyth EA6 Active Travel Routes Developing and implementing Active Travel routes in line with the Councils Active Travel Strategy approved in August 2021 – Multiple Projects TBC Augu st 2021 continuou s EA Residents and commuters encouraged to make a shift from travelling by car to either walk, cycle or wheel. Contribute to the 20% reduction target in on road car travel by 2030 EA7 Clyde Climate Forest NLC planting a tree for every child in P7, creating 3 new forests across NLC, contributing to the Clyde Climate Forest £100k Octo ber 2021 May 2022 EA Contribute to the Glasgow City Region Adaptation & Mitigation Plan Improved climate resilience via increased shade within the local authority area Business Solutions Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation BS1 Home working support / Hub working support Working jointly with Asset & Procurement to support home working and the use of hubs in line with the approved Leadership/Operating Model, BS can significantly reduce council emissions Dec 2021 continuous BS Building and transport emission reduction (minus additional staff home emissions) CO2te Page 79 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation from its own building stock BS2 Support the digital delivery of services By supporting the digital delivery of services office space and customer travel can be reduced lowering building and transport emissions 2019 1/3/23 BS Building and transport emission reduction (minus additional staff home emissions) CO2te BS3 Business Solutions leading on specific corporate carbon / climate initiatives: Update of Strategic Policy Review & Update to corporate Project Management Model Strategic Policy Review and Corporate Project Management Mode will seek to reduce council’s carbon footprint and ensure it is prepared for impacts of climate change. Ongoi ng March 2022 BS BS4 Support for specific projects that enable carbon reductions to be made: National Entitlement Card - Ongoi ng January 2022 BS Increase in KM travelled by public transport // Reduction in Tonnes of Carbon Dioxide from travel (on road emissions) Page 80 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Free Bus Travel for under 22s Enabling roll-out of card will allow more travel to take place using public transport and reduce emissions from private vehicle use BS5 Develop protocol to re-use, refurbish and recycle /recycled content of IT equipment Re-using IT equipment and refurbishing IT equipment will reduce purchases of new equipment (thereby reducing the use of resources and energy in the manufacture and supply of equipment) and reduce equipment that is scrapped (reduce waste). Minimum standards for the equipment to be re-used within council Ongoi ng BS Number of items refurbished / recycled // Tonnes of carbon dioxide BS6 Energy efficient software Jan 2022 Mar 2022 BS Kw/co2Te Page 81 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Undertake review of balance between security needs and energy efficiency software options to define and agree acceptable trade- offs and potential solutions ensuring the risks to business continuity and security are fully identified and agreed BS7 Staff Training Roll out of council training and delivery of tailored training to BS staff will assist in reducing energy consumption, emissions, raw material consumption and waste. Jan 2022 KW/KM/Carbon Dioxide/Tonnes of Waste BS8 Reduce printing Work with staff to ensure that printing is a last resort – ensure equipment and software supports printing as a last resort – this will reduce raw material Reduction in Paper consumption (sheets) Page 82 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation consumption and waste production BS9 Staff Awareness Raising Raise awareness and give staff skills & knowledge to work and live more sustainably: Energy use in home Energy Use in office Reduced emissions associated with travel (work & non- work) Janu ary 2022 Survey of staff awareness (conducting on a regular basis) BS10 Green energy – use by suppliers Work with suppliers to ensure green energy is used in the provision of services to the council including where cloud solutions are being provided to the council KW /Tonnes of Carbon Dioxide BS11 Purchasing of equipment: • Minimum energy rating • Minimum recycling content KW/Tonnes of Carbon Dioxide/Tonnes of Waste Page 83 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Requiring equipment purchases to have a specific (and rising over time): Recyclable content Energy Rating BS12 BS staff mileage reduction Ascertain staff mileage and examine ways to reduce this through the use of video calls / conferences, combining journeys and the use of other transport modes – this will reduce transport- associated emissions, local air pollution and traffic congestion Apr 2022 Mar 23 KM travelled / Litres of Fuel/Tonnes of Carbon Dioxide BS13 BS staff travel – prioritise “green options” including use of electric pool cars, etc. Where staff travel must be undertaken prioritise the use of “green options” including the use of electric pool cars Apr 2022 KM travelled (by method of transport) / Litres of Fuel/Tonnes of Carbon Dioxide Page 84 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation BS14 Climate Resilience – Staff Train staff on climate resilience – how to keep cool when working (at home, in an office, when travelling, etc.), and how to be ready for climate change effects such as increased storms, downpours, etc. (impact on travelling, etc. Apr 2022 Dec 2022 BS15 IT equipment & Infrastructure Ensure that current and new IT equipment and infrastructure is resilient to climate change – this will include ability to work in higher temperature environments. Ensure that key equipment such as servers, data servers and networks used by the council are resilient to climate change impacts Dec 2021 Dec 2022 Page 85 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation BS16 Business Continuity and Disaster Recovery Update Business Continuity Plan and Disaster Recovery Plan to include climate change impacts including heatwaves, flooding and increased frequency and severity of storms. Ensure that current BCP and DR actions will still be achievable in the event of aforementioned events Jan 2022 Mar 2022 BS17 Supply chain Ensure that supply chain is resilient to climate change – work with suppliers to assess their climate change resilience to ensure continuity of supply / service Jan 2022 Dec 2022 Page 86 of 217
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Regulatory Services and Waste Solutions Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation RSWS1 Remote Building Standards Verification for site inspections Introduction of remote verification technology to reduce the number and frequency of site visits. Live video links, for example, providing the opportunity to complete necessary site verification whilst supporting a home working approach to service delivery £10,000 (Scottish Government Funding) Mar 2022 RS&WS Reduced transportation costs Increased engagement with industry partners and Scottish Government. The action is aimed at raising awareness of digital technology options and green and efficient practices RSWS2 Move from paper-based warrant approvals process to paperless option Fully developing and implementing a digitised approach to the approval of building warrant plans. The action will offer customer a seamless end to end digitised building warrant customer experience Mar 2022 Harnessing the potential of Digital Technology to deliver environmentally friendly processes whilst providing an efficient and customer friendly service RSWS3 Optimised Routing of Waste vehicles with in-cab technology Improved efficiency of waste collection routes, to reduce mileage and increased efficiency £225,000 (est) 2022 2026 Will reduce the total mileage travelled and subsequent fuel usage by collection vehicles Reduction in emissions RSWS4 Electrification of fleet Phased replacement of fleet vehicles to electric £250,000 TS Grant 2021 2027 324,099 litres of diesel (TBC tco2e) Increase in EV in NL Reduction in fuel related emissions Page 87 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation £2.2m capital expenditure Reduction in council’s footprint Improved air quality at fleet depot Planning and Regeneration Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation PR1 New Build – Energy Efficiency Performance To increase the average Energy Performance Certificate rating for all NLC new build homes, in terms of energy efficiency and environmental ratings. Baseline as at 2019/20 was Energy Efficiency (B, 85) and CO2 (B, 88) 2021 2030 P&R Fabric first approach to reducing energy demand. Will include enhanced insulation, solar PV generation, alternative heating systems etc. Where appropriate, battery storage to maximise use of energy created via solar generation. Reduced fuel costs for tenants. Reduction in emissions related to new build stock. Improved thermal efficiency in NLC new build homes. PR2 New Build – EV Charging Availability To increase the number of EV charging points available for use within council new build developments. This includes EV points to individual homes and EV pillars within parking courts. Baseline at 2020/21 was 4 charging points Twin socket charging pillar (circa. £14k) Single charging point to property (£tbc) Incorporated within unit cost of property 2021 2030 P&R Reduction in litres of fossil fuels utilised, as more people replace petrol/diesel with electric Potential energy savings when EV charging linked to PV solar generation within homes Reduction in air pollution levels, as more people replace petrol/diesel with electric vehicles Reduced infrastructure costs for tenants utilising electric vehicles PR3 New Build – Nature Based Solutions Increase provision of biodiversity within the council’s new build programme. Desire to create more green corridors and wildlife friendly communities, where appropriate 2021 2030 Improved air quality and potential for reduced emissions (by introducing carbon sinks). Maximising use of undevelopable areas of sites. Prevent wildlife loss and hopefully enhance habitats for certain species. Improved mental health outcomes for residents. Page 88 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation PR4 New Build – Reduced Carbon Emissions on Construction Sites Move towards use of carbon neutral tools and vehicles on construction sites. Electric tools and vehicle use would be encouraged for all contractors working on NLC new build sites 2021 2030 Reduction in litres of fossil fuels utilised by contractors for site activity. Reduction in emissions related to construction site activity. Potential savings for contractors via cheaper running costs for electric tools and vehicles. Increased use of carbon neutral tools. Improved health outcomes for construction workers PR5 Delivery of Business Events Initial ACT2021 Business Event directed at local business to raise awareness of the need to move towards net zero business practices. Feedback from businesses will inform the content of future events, developed to provide practical advice and support 2021 2030 Record of events and attendees. Feedback via exit questionnaire. PR6 Partnership working with Zero Waste Scotland and Energy Saving Trust. Optimise resources available for SMEs from Zero Waste Scotland and Energy Saving Trust in the form of information, expert help and practical assessments of business. 2021 2030 Keep updated with ZWS and EST on current support and advice routes available for SMEs. Ensure Enterprise Development Team refer suitable companies to ZWS/EST and that NL businesses secure a share of the funding an expert help available. Spreadsheet of referrals and outcomes prepared. PR7 Low Carbon Support for SMEs Business Gateway Low Carbon Expert Help. Support of 1-3 days delivered by an £30,000 to support up to 17 SMEs 2021 2023 Funding for projects with 17 SMEs. Economic Development team will raise awareness of funding and support available to their companies. Project uptake monitored. Page 89 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation expert on efficiencies, energy control, low energy, sustainability, production processes, waste management, reviewing and planning and Net Zero Carbon targets PR8 Grant Funding for Net Zero Projects Business Recovery and Growth Fund has the key areas : encouraging the adoption and integration of green technologies and low carbon products, processes or services and supporting the transition to a zero-carbon economic model and facilitate sustainable change. Grants available up to £20,000 per company 2021 Records maintained of nature of the project and project value. PR9 Glasgow City Region – Delivery of Regional Economic Strategy (RES) and action plan on climate change Contribution to Delivery of key Programmes in RES such as Clyde Mission, Housing retrofit, EV infrastructure, Green Business Support, Green Demonstrator Programme Dec 2021 2030 By 2030, the Region will have the most advanced city-region economy in the UK in the race to net zero and climate resilience - Monitoring framework to be established during development of detailed action plan. Metrics/indicators will be programme specific (regional and local level) PR10 GCR Sustainable Procurement Strategy – Objective 5 SPS Objective 5 - Mitigating the impact to Climate Change. Maximise use of procurement 2021 2030 Reduce carbon emissions Embed SG sustainable procurement guidance and tools in GCR and NLC procurement. Sustainable supply chains, suppliers meet net zero objectives. Page 90 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation to support transition to net zero emissions, reduce supply chain disruptions and work with supply chains to incentives climate resilience, mitigation efforts and build capacity PR11 NL City Deal Infrastructure Programme Application of Scottish Governments Sustainability Test and Carbon Management Guidance into Business cases, design, procurement, and implementation on whole life basis. Fully integrate Active Travel into proposals Support Sustainable travel and 20 min neighbourhoods 2021 2026 To significantly reduce the impact of infrastructure projects moving to net zero approach. Individual metrics will be established at a project level PR12 CARES research Joint, match funded research project with Local Energy Scotland to consider the comparative impacts of installing renewable heat technologies in refurbishment and new build developments. This will compare costs and impacts on tenants of two housing projects. £35k 2021 2023 Research project complete and lessons learned report for future policy and practice PR13 Enabling the repurposing of historic buildings Reducing embodied carbon by repurposing (and 2021 2030 Project completion, number of homes completed Page 91 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation improving the energy efficiency of) historic buildings, beginning with Kildonan Street, Coatbridge, Motherwell Old Town Hall and Motherwell YMCA. PR14 Surface water discharge offsetting Consultants commissioned to explore options and make recommendations for an innovative surface water discharge offset scheme which will enable sustainable town centre development. £75k 2021 2023 Proposal developed for Scottish Water consideration PR15 Redevelopment of Braidhurst Industrial Estate Energy efficient retrofit of Braidhurst Industrial Estate to ensure its long-term sustainability and to reduce carbon emissions. Subject to securing external funding this will include the creation of ten new energy efficient start-up units fuelled by on-site microgeneration £2.2m 2022 2024 Development complete; carbon savings from retrofit of existing buildings (tbc from pre- and post- monitoring); on-site energy generation (tbc) PR15 EV Charging Two pilot sites (at Braidhurst Industrial Estate and in Wishaw town centre) identified with solar PV canopies providing energy to supply EV charging. £14k per twin charging pillar (No tbc) EV charging facilities installed; targets for use tbc PR16 Active Travel Km track laid; active travel journeys undertaken; active travel hubs developed Page 92 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation Working with colleagues to deliver Active Travel infrastructure, hubs and feasibility studies. This includes enabling the Ravenscraig Active Travel Link and Bellshill Cycle Hub by administering/securing funding and delivering NL’s first Active Travel Hub in Motherwell PR17 Environmental Key Fund (EKF) Application to the EKF to support energy related projects in the Shotts, Allanton, Bonkle and Hartwood areas. Currently developing proposal to directly fund fuel poor households living in private sector homes to reduce carbon emissions and fuel poverty. Proposal for three year programme distributing up to £50,000 per annum with scope to increase this by 100% £ administered; EKF Fuel Poverty project launched PR18 Green Growth Accelerator (GGA) pathfinder Delivering GGA-funded redevelopment of Strathclyde Park to include on-site generation and energy efficient retrofit of the Watersports Centre. Subsequent phases of the project may establish District Heat Network for North Motherwell Current estimate £16m (£10m grant funded); £120,000 secured for design work and developing business case TBC, likely start during 2022/23 and end 2024/25 Business case submitted to secure GGA funding; project completed; carbon savings Page 93 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation PR19 Local Development Plan 2 Produce Local Development Plan 2 in line with the requirements of the Development Plan Regulations and in compliance with NP4. NPF4 and the National Planning Policy Handbook (therein) will be part of the Development Plan and therefore Planning Policy. Unclear at moment as Regulations not developed but compilation of evidence base, consultations processes and Examination will run well into six figures will- 2022 2027 Greenfield sites protected Use of brownfield sites, including for renewables. New policies on biodiversity protection (no metric available), and whole life carbon costing. Housing Solutions Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation HS1 Non gas heating approaches Adopt as standard non-gas heating approaches for new council homes (See all PR1) Target date 2024/25 continuous P&R New council homes will be built to increased energy efficiency standards and will require to adopt non gas heating alternatives, resulting in energy savings Further research to be undertaken to identify costs associated with transition to low carbon heating alternatives Average CO2 emissions per home (reduced) – council new build Approach and process developed HS2 Renewable Energy Installations Integrate approach to procuring and maintaining renewable energy installations 2023 P&R or HP&P Savings potentially in an integrated approach for the council which may have an impact for tenants Technical specifications and process developed for technical solutions Page 94 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation (See PR1 & HPP2) HS3 Low and net zero heating transition costs Develop understanding of whole life costs and issues associated with the transition to low and zero carbon heat on the council and its tenants (See PR1 & HPP2) 2024 P&R or HP&P Improved understanding will assist remove or mitigate any adverse financial impact associated with transitioning to low/zero carbon emission heating systems Evaluation Report produced HS4 District Heat Zones Investigate opportunities for district heat zones (See associated action APS17) 2023 P&R, HS, A&PS District heating offers a low carbon solution for heating homes, businesses and buildings in North Lanarkshire District heating can reduce fuel poverty and have been cited to also reduce housing management costs (energy savings trust) Options Report HS5 GCR Retrofit Programme Route Map We will work with our GCR partners to carry out a feasibility study to outline a clear route map to successfully deliver the large scale retrofit programme 2024 HP&P Savings achieved through fabric first, deep retrofit approach combined with high efficiency low carbon heating systems Financial savings to tenants but also significant cost implications for housing providers Route map developed (for housing) HS6 Integrated skills employment programme To address the skills and meet the demands of the city Region new homes and green energy retrofit programmes we will develop an integrate skills employment programme for housing build and repair programmes in the GCR 2024 P&R Energy savings achieved through enhanced skills and capacity in the workforce and market to deliver energy retrofit Will eventually achieve financial savings for tenants, residents and housing providers through increased capacity and skills to deliver programmes Integrated skills employment programme developed Page 95 of 217
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Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation HS7 EESSH2 route map Develop route map for EESSH2 compliance (See HPP1) 2023 HP&P Increased energy savings associated with fabric first and high energy efficient heating system installation to council homes Savings for tenants, significant costs for the council Route map developed (for council housing) HS8 Private sector energy efficiency Enforce private rented sector energy efficiency regulations and engage with private landlords to improve compliance 2023 P&R Energy improvements in the PRS Savings for PRS tenants, potential costs for PS landlords PRS Strategy; improved energy efficiency in PRS; EPC ratings HS9 EES:ABS Manage Energy Efficient Scotland: Area Based Scheme (EES:ABS) in North Lanarkshire ongoing HP&P Improved energy efficiency of homes through implementation of the scheme, fabric first approach Financial savings for tenants and residents Number of households assisted HS10 Low carbon heating impact Evaluate the impact of low carbon heating on tenants’ energy use and costs to ensure just transition 2025 HP&P Improved understanding will inform approach to ensure just transition and mitigate fuel poverty Evaluation report HS11 Energy efficiency and fuel poverty advice Improve energy efficiency and fuel poverty advice; improve our understanding of the extent, nature and location of fuel poverty to enable better identification of fuel poor households and target resources effectively (See APS16) HS, APS, HPP, FIT Energy efficiency improvements through improved access to advice and signposting Savings for tenants and residents through reduction in fuel poverty achieved from improved advice and signposting and understanding to inform approach Percentage of households in fuel poverty; percentage of households in extreme fuel poverty; median (adjusted) fuel poverty gap Page 96 of 217
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Education & Families Ref Action Budget Start Date End Date Owner/Lead Metric or Expectation A range of actions are under development and will be brought before Education, Children and Families Committee for approval. Page 97 of 217
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Appendix 3 Scottish Government Routemap extracted from the Update to the Climate Plan 2018-2032 Source 1: Update to the Climate Change Plan 2018-2032 - Securing a green recovery on a path to net zero (Dec 2020) Page 98 of 217
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Source 2: Update to the Climate Change Plan 2018-2032 - Securing a green recovery on a path to net zero (Dec 2020) Page 99 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref NP/VA/CK Date 24/08/22 Cemeteries memorial management update From Nicole Paterson, Head of Environmental Assets E-mail abernethyv@northlan.gov.uk Telephone 01698 402080 Executive Summary The purpose of this report is to provide an update on memorial management across the authority and to outline proposed improvements to cemetery infrastructure management. Recommendations It is recommended that the committee • Endorse progress in making safe known memorial risks • Endorses the commencement of a new inspection regime in 2023 to cover all memorials to an agreed timescale, detail of which will be brought to committee in Cycle 1 2023 The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 5 Page 101 of 217
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1. Background 1.1 Previous reports to Environment and Transportation Committee most recently in February 2020 highlighted the issue of progress towards inspecting and remediating cemeteries memorials across the authority with 20,904 memorials inspected of the estimated 90,000 memorials in cemeteries. The inspected memorials represent the highest risk memorials (generally by height) and of these 4,680 required to be made safe. 1.2 These memorials have been temporarily remediated by banding or fencing, but a permanent safety solution (most commonly trenching or lying flat) needs to be implemented to remove all risk from these memorials. 1.3 During 2020/2021 the full cemeteries manpower resources were deployed to dealing with the pandemic demands further delaying progress on memorial safety. 2. Report 2.1 In 2021 additional resources were awarded to the service to enable a permanent safety solution to be implemented more quickly for these known memorial risks and ensure the wider cemetery asset is improved in safety. 2.2 During 2022 the memorial safety team has been expanded to 5 operatives and 1 supervisor to accelerate progress. 2.3 The following progress has been achieved since March 2022 • New Monklands cemetery - All fenced stones trenched - completed April 2022 • Kilsyth Cemetery All fenced stones trenched – completed June 2022 • Airbles Cemetery - trenching commenced June 2022 The work scheduled to March 2023 is shown below: • Holytown cemetery – commence trenching September 2022 • St Patricks cemetery -commence trenching December 2022 • Bothwellpark cemetery - commence trenching March 2023 Updated memorial policy 2.3 The above work programme will remove a substantial part of the current risk the council holds for memorial safety and is the current focus of the memorial squads work. From March 2023 we will instigate an ongoing inspection and remediation policy aiming to mitigate memorial risk as it is discovered. 2.4 The service will bring forward a full memorial policy to cycle 1 2023 to outline the revised policy. The new policy will be reviewed against Scottish Government guidance in this respect, issued in 2019. The revised policy will include improvements to the inspection process brought forward through the current delayed Digital NL sprint. 3. Measures of success Page 102 of 217
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3.1 Memorial safety mitigation of current known unsafe stones is completed on schedule An updated memorial policy is brought to committee in Cycle 1 2023. 4. Supporting documentation n/a Nicole Paterson Head of Environmental Assets Page 103 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☒ If Yes, please provide a brief summary of the impact? Page 104 of 217
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The memorial inspection programme is part of the current Digital sprint in Environmental Assets and digital solutions are being identified to improve the inspection and remediation process Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Progress on memorial remediation and forward planning has reduced a key service risk Page 105 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref NP/VA/HA Date 24/08/22 P002.1(4) Tree Asset Management & Ash Dieback Disease From Nicole Paterson, Head of Environmental Assets E-mail abernethyv@northlan.gov.uk Telephone 07939 280221 1 Ash Dieback Toolkit for Scotland - The Tree Council Executive Summary Inspections which have taken place over the last 12 months are consolidating our understanding of the risks that are present in the Environmental Assets tree stock and the level of remediation work required to reduce those risks to a tolerable level in line with the strategy. The strategy currently only covers trees within council ownership, which are managed and maintained by Environmental Assets, and council owned trees adjacent to the Highway and Schools. Other assets not covered include Housing properties e.g. garden grounds of Council tenants or sites leased to private businesses. As highlighted in an earlier report to the Environment and Transportation committee (August 2021) these areas will also have trees with associated risk that continue to remain unmanaged. This update report also seeks to highlight the known impacts of Ash Dieback Disease, which are fast becoming evident within North Lanarkshire as inspections of our tree assets continue and looks for support to establish an Ash Dieback Action Plan to begin to tackle the corporate risk that is associated in not remediating these trees appropriately. The report also sets out the developing plans around replacement planting to mitigate against the change in the landscape and loss of what will be a considerable quantity of trees over the course of the next 5-10 years. Recommendations It is recommended that the Environment and Place Committee: 1. Approve the approach to tackling Ash Dieback Disease in North Lanarkshire by initially commissioning a desk-based data investigation exercise to inform an Ash Dieback Action Plan as recommended in the Ash Dieback toolkit for Scotland1. 2. Recognises the significant ongoing resource required to effectively tackle the corporate risk associated with this endemic disease and considers further budget to allow continued remediation in line with the TRAM strategy. AGENDA ITEM 6 Page 107 of 217
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3. Endorse the progress of the planting of the Climate Emergency wood at Strathclyde Country Park in spring 2022 and the continued work that will take place in autumn 2022 at Calderbank and Palacerigg Country Park. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (17) Ensure we keep our environment clean, safe, and attractive Page 108 of 217
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1. Background 1.1 Since the last report to the Environment and Transportation committee in August 2021 Environmental Assets has further developed its approach to Tree Risk Management, through the implementation of a Tree Risk Asset Management (TRAM) Strategy. Following formal adoption, and the appointment of an Arboriculture Inspector, tree inspections began in spring 2022 and have been carried out in line with the methodology and approach detailed with the strategy. To date, two wards (15 and 17) have been completed in addition to the 2 wards (12 and 19) inspected as part of the pilot of the strategy. At the time of writing inspections are underway in ward 2, with approximately 50% of that ward completed. Since the last report to the Environment and Transportation Committee, Ash dieback has emerged as a significant issue. Ash is Scotland’s sixth most abundant broadleaved tree species (after birch, oak, sycamore, alder and beech) and Scotland’s fifth most abundant native tree species (after Scots pine, birch, alder and oak). This species was used as one of the predominant species in mixed native planting in grant funded planting schemes in the past and is also a common, familiar roadside tree. 1.2 Council’s across Scotland are taking differing approaches to managing Ash Dieback Disease (ADD), below are some examples, which serve to illustrate the breadth of the issue. 1.3 In autumn 2020, City of Edinburgh Council reviewed all known ash data for the city. In particular, they assessed those ash trees adjacent to the road or on council-owned land which could cause a safety issue if they died or fell on to the road or a public space. They found 6% of their city trees were found to be ash, of which 25% were on council owned land. Ash were present in cemeteries, woodland, greenspaces, schools, adjacent to cycleways and on roadside verges. Early estimates suggest there will be additional budget requirements to manage ADD in Edinburgh. 1.4 In Summer 2020 both Angus and South Lanarkshire Council’s undertook desk top analysis to gather data on ash trees adjacent to the roadside (the road network was prioritised as the land holding most likely to have the highest population of high target ash trees most susceptible to ash dieback). From analysis using Google Streetmap Angus estimated 4,920 ash trees on their road network. Using the same tool (with a different methodology, South Lanarkshire Council have estimated 19,143 ash trees in woodlands and other habitats adjacent to the road network. 1.5 Glasgow City Council have estimated ash make up approximately 12% of the city’s trees and that between £25m and £38m will need to be spent felling 31,500 ash trees. It is predicted 4,500 trees annually will be felled over the next seven years. An estimated 7 figure sum has also been predicted to replace the loss through replanting. 1.6 West Lothian Council carried out initial surveys in 2021 and has already committed £265,000 to the initial survey phase, and a further £500,000 in this financial year as felling operations get under way. The projected costs in West Lothian for 2022/23 to 2025/26 are £4.7 million, with a further £7m, at least from 2026 to 2042. 1.7 A July 2022 briefing from APSE that had approached local authorities across the UK estimated 24% of responding authorities estimate costs of over £10M with a further Page 109 of 217
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21% citing unknown costs. Many local authorities noted that the costs are likely to be higher than their entire greenspace budget over the period. 86% suggested that additional government funds will be required. 1.8 The same report noted that 52% of responding authorities are developing or have developed Ash dieback plans, suggesting there will be developing best practice to utilise. 1.9 Importantly the report estimated that 112million trees will be lost across the UK at a time when we are trying to increase tree cover, and costs of tree replacement are not included in the costs cited above for Ash removal. 2. Update on TRAM inspections 2.1 In undertaking the pilot study of wards 12; Airdrie South and 19; Motherwell South East & Ravenscraig and now having surveyed a further 2 full wards, (15; Bellshill and 17; Motherwell West and with ward 2; Cumbernauld North being over 50% complete) we have improved our understanding of the numbers of level 2 inspections and the resulting remediations that are required to our tree assets to reduce risk to a tolerable level following initial inspection. 2.2 To date the number of trees found to be in a condition where a level 2 tree inspection was required is 397. Chart 1 shows the breakdown of trees inspected by ward (noting that Cumbernauld North is only 50% complete). Chart 1: Remediation 2.3 Following a level 2 inspection and Quantified Tree Risk Assessment, recommended works are identified by the Arbor Inspector. Remedial works or tree removal in wards 12 and 19 have already been undertaken to reduce risk to a tolerable level as outlined within the TRAM strategy. Some of the minor remedial works were carried out by our own arborists, but the majority were carried out by an external contractor. The total cost of the larger contracted remedial works for these wards was £28,755. 2.4 Remedial work for wards 15, 17 and ward 2 will be undertaken this winter, and with indications that two thirds more felling jobs required there will be a significant increase in cost from the initial known costs for wards 12 and 19. The known costs for remedial works for the pilot wards were for the removal of large, mature trees, which take a Airdrie South 9% Motherwell South & Ravenscraig 22% Motherwell West 15% Bellshill 19% Cumbernauld North 35% Percentage of trees identified for Level 2 inspection by ward Page 110 of 217
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long time to fell. The remediations for the current inspection programme are in the main for removal of ADD trees. Using an average of £354 per tree removal (estimate from Ash die back Toolkit for Scotland) would suggest a figure of around £78,000 for these three wards, this is likely to be conservative as inspections are not complete. There will be additional costs in these wards in the next 3-7 years as more ash trees succumb to the disease. Progress and resources 2.5 The total area of land that is within the survey area for the TRAM strategy (Environmental Assets portfolio where trees are known to exist) is approximately 6,837ha, to date we have completed 1,653ha (about one quarter). It is set out in the TRAM strategy that the inspector will survey 3-4 wards per year, we are on track to complete 4 wards this year. However, Ash Die Back disease is increasing the numbers of trees requiring a Level 2 inspection, so we anticipate inspection rates to reduce without further resources or a separate action plan for Ash Dieback Disease being introduced and resourced. Ash Dieback Disease 2.6 As the TRAM strategy inspections have progressed, it has been evident that a significant number of ash trees on council assets are showing advanced signs of ash dieback disease (ADD). As part of the TRAM inspections, all ash trees within risk zones exhibiting stage 3 and 4 infections are being recorded in line with Ash dieback: An Action Plan Toolkit for Scotland. Stage 4 is the most advanced stage of the disease and determined by a significant loss of canopy (with only 0%-25% remaining). 2.7 To date approximately 50% of ward 2, Cumbernauld North has been inspected. The total number of trees inspected at level 2 is 137, of which 107 were diseased ash trees at Stage 3 and Stage 4 condition. As a result of the TRAM inspection, all 107 ash trees have been identified for removal. 2.8 An additional budget of £100k has been allocated for FY 22/23 from reserves which will be used to develop an Ash Die Back Action Plan (ADBAP), which will follow The Tree Council’s Ash Dieback: An Action Plan Toolkit for Scotland guidance document. The ADBAP will provide us with a strategic approach to tackling infected trees. In particular it will provide a detailed outline and costings as to how a risk based approach will be implemented as well as a program of prioritisation. The allocated budget will also be used to begin removal of priority infected trees identified as part of the ADAP. Case Study: Westfield 2.9 Council tree assets within risk zones in and around Westfield were surveyed in June. A total number of 86 trees were identified as requiring a level 2 arboricultural inspection and QTRA assessment in line with the TRAM strategy. The location of inspected trees is shown in map 1 below. Page 111 of 217
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Map 1 Of the total number of trees inspected, 85 trees were identified for removal. Only 10 of the 86 trees were a non-ash species. The 75 ash trees recorded also included some small groups of ash. Where small groups of infected ash were identified they were recorded as 1 record, this brings the total number of ash trees to be removed to approximately 115. In line with general observations relating to the condition of ash throughout the local authority, it was found that the majority of Stage 3 and Stage 4 infected trees were of a young to semi- mature age class. 2.10 Using an average cost of £354 per tree removal, estimated costs for removal of only infected ash trees in Westfield is £40,710. Extrapolating the cost from this sample data, it can be seen that the cost to deliver ash die back removal throughout the rest of the local authority is expected to be extremely significant. Page 112 of 217
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2.11 A report to the Environment and Transportation committee last August described the loss of 50-75% of Scotland’s ash trees over the next 20 years, from the data that we have so far in North Lanarkshire it would appear that our loss may be seen much sooner, in perhaps 7-10 years, this is based on the small dataset collected so far and the rate at which trees deteriorate is not fully understood in any area of Scotland or indeed the UK. Impact of ADD on TRAM progress 2.12 From the data above, it is apparent that much of the work of the Arbor Inspector is now being dominated by recording data at level 2 inspection on ash trees and this is beginning to slow the progress of inspection – for Westfield above, if ADD trees were being recorded through a separate action plan then the requirement would only have been for 30 trees to be picked up through the TRAM work (in the half of the ward that has been completed to date). This reduction in additional stage 2 inspections (for ADD trees) would allow progress to continue in other wards more quickly and ensure that the estimated progress of 3-4 wards per year can keep the TRAM strategy on schedule. 2.13 To enable ADD mitigation to be resourced would require another inspector post to be created, or to rely on data such as that available (with a cost) through iTree (a tool allowing canopy analysis through aerial photography) which would help to estimate the number of ash trees in NLC ownership and therefore help to understand the cost to reduce the risk of ADD across the authority. 2.14 As highlighted in the report last August, as there is going to be a significant increase in ADD work, we could look to carry out some of this in house, but with current resource this would mean that all non-routine jobs would effectively be put on hold unless additional arborists resource is allocated to focus on remediation of ADD trees. Even with this, there will still be the remediation of trees identified through business as usual TRAM (that are not ADD related) to fund. There is £180,000 of capital funding identified for this until 2025/26, but this was based only on works associated with the TRAM strategy and was not able to predict the additional costs of ADD at that time. 2.15 A further report will be brought to committee detailing the Ash Die back actin plan and estimated costs and implementation options. This report will also highlight the possible implications of the disease in non council owned trees and their impact on NLC assets if the owners do not remediate. Climate Emergency Woods 2.16 To date P7 pupils involved in the Outdoor Education Programme at Strathclyde Country Park have planted over 4500 native trees as part of the Climate Emergency Woods programme, a further site with 2300 trees has been planted up at Low Wood (Cumbernauld). Two further sites in Calderbank and Palacerigg Country Park will be planted in the new planting season from October. Operational Woodland Planning 2.17 Over the next year a long-term operational plan for managing the Council’s woodlands will be developed. This will consider the impact of loss of tree assets as a result of Page 113 of 217
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more regular inspection and ADD and will provide a scope for longer term replenishment planting (including the consideration of funding opportunities linked to accessible woodlands). The plan will consider the availability of land for future planting and any commitments the Council can make under the Woodland Carbon Code to register our new planting sites for carbon credits in the future. As part of the current review of North Lanarkshire’s Biodiversity Action Plan the Woodland Action Plan will be updated to reflect Ash Dieback Disease and it’s impact on the landscape of our woodlands and wider landscape settings. The plan will work with Clyde Climate Forest to ensure we are contributing to those outcomes. We will also look for opportunities for Carbon accreditation of new planting to inset council carbon emissions that are hardest to reduce. 3. Measures of success 3.1 Increase in the number of trees inspected in line with the Tree Asset Management Strategy. 3.2 An increase in the number of trees remediated following inspection to reduce their risk of failure. 3.3 Delivery of an Ash Dieback Action Plan to guide the significant resource planning required to respond to Ash Die Back disease 3.4 Delivery of an operational woodland plan will provide a future vision of replenishment planting (following large scale felling though TRAM and Ash Dieback work) and wider planting schemes to assist with carbon reduction and improvements to biodiversity. 4. Supporting documentation none Nicole Paterson Head of Environmental Assets Page 114 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? £100k allocated from reserves to deliver Ash dieback action plan and initial risk remediation 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Page 115 of 217
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Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There will be a significant and unavoidable environmental impact of the loss of Ash trees over the next 10 years Report sets out the upcoming Operational Woodland Plan, which will outline opportunities for mitigating this loss and see the Council registering new planting sites with the Woodland Carbon Code to register carbon credits. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Ash Die back will be a significant landscape change that will need to be communicated with communities through the boards. Much Ash risk also lies with private landowners although the impacts of these could be additional risk to Council assets such as roads. Comms to make landowners aware of their responsibility will also be required 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Inspections of tree assets in line with the Tree Asset Management Strategy is reducing the overall risk of tree failures in high risk zones. Ash Dieback Disease is a known risk that we are seeking to reduce by adopting and resourcing an Action Plan for Ash Dieback. Page 116 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref NP/JA Date 24/08/22 Winter Service Policy and Procedures 2022/23 From Nicole Paterson, Head of Environmental Assets E-mail patersonn@northlan.gov.uk Telephone 01236 632655 Executive Summary This report presents Elected Members with details of the proposed Winter Service Policy and Procedures for 2022/23. The council has an obligation under the Roads (Scotland) Act 1984 to take such steps as it considers reasonable to prevent snow and ice endangering safe passage of pedestrians and vehicles over public roads. This obligation is discharged through the council’s term maintenance contract with our Limited Liability Partners Amey Public Services (APS). To ensure that these obligations are met the council is required to annually review its processes and procedures and approve an annual refresh of its policy. Recommendations It is recommended that the Environment and Place Committee: (1) Considers the contents of this report and accompanying appendix, and (2) Agrees the proposed Winter Service Policy and Procedures 2022/23 as the base for winter service delivery in the coming year. (3) Agrees the pilot scheme that will look at route-based forecasting, which would inform future policy decisions. (4) Agrees that the intervention level is amended in line with adjacent local authorities and implemented as part of the Enterprise Contract which will commence in June 2024. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 7 Page 117 of 217
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1. Background 1.1 Under Section 34 of the Roads (Scotland) Act, 1984, North Lanarkshire Council has a statutory obligation to take such steps as it considers reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over their public roads which by definition includes carriageways, footways and footpaths. 1.2 This does not mean that all roads and footways must be treated as soon as ice formations or snow accumulations exist. To do so would be impossible and out with the limit of the resources available and the Courts have recognised that it would not be reasonably practical to do so. Nevertheless, to deal efficiently and effectively with Winter Service, operations need to be planned in a systematic manner and it is therefore essential that a policy with clearly defined priorities is established. 1.3 The policy outlines how the winter service will be delivered across the council and how the road network has been prioritised for carriageways, footway, footpaths and cycle routes. The policy also details the levels of service that are to be achieved and procedures around the winter decision making process. 2. Report 2.1 The Winter Service provided by the council takes cognisance of the recommendations in the document Code of Practice ‘’Well-Managed Highway Infrastructure (2018)’’ for Highway Maintenance Management. Winter Service reviews are undertaken annually to determine how the service can be improved with the resources available. A contingency plan has been prepared for extreme weather events. 2.2 Plans indicating the Primary and Secondary roads within each ward will be circulated to Local Members and relevant information placed on the council web site. Copies of the document will also be distributed to those listed in Appendix C of the document. Winter Service Review 2.3 In terms of the weather conditions through the winter period, Autumn 2021 was very mild across the region, with average temperatures 1.5C above the 30-year normal. Precipitation and sunshine averaged near the 30-year normal. Winter 2022 was also quite mild across the region with average temperatures about 1.2C above the 30-year normal. Precipitation and sunshine averaged near the 30-year normal. It is worth noting that February was a wet month with precipitation at 175% of the 30-year average with the areas seeing three storms (Dudley, Eunice and Franklin) over a short period of time. In contrast March was an unusually quiet weather month with mainly dry weather and sunshine with precipitation amounts almost 70% below the 30-year normal. 2.4 Despite the mild nature of the winter the number of treatments undertaken between October and December were consistent with previous years. January to March saw the number of days when treatment was required fall when compared to previous years. The cumulative number of days when treatment was undertaken this year was 96 which is down by 29 from 21/22, 16 from 19/20 and 34 from 17/18, although the same levels as 18/19. Page 118 of 217
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2.5 Winter Service reviews are undertaken annually to determine how the service can be improved with the resources available. A review of the winter period was undertaken on the 26 May 2022 in conjunction with the council’s partners APS which covered a range of items such as fleet, operations, monitoring of service, resources, health and safety etc. The key points are detailed further below. 2.6 The current partnership with APS operates a multi-functional fleet meaning that vehicles can be used for both traditional road works and winter services. APS continue to renew older fleet as it reaches end of life. During this period APS brought in 2 additional vehicles which increased their resilience. Summer servicing of the tractor fleet had a very positive impact which helped limit mechanical failures. 3 new tractor units were introduced during the winter period and the remainder are scheduled to be replaced prior to the commencement of the winter period. 2.7 During the winter period we experienced a systems failure with the forecasting information which impacted all local authorities. This matter was rectified quickly by the providers and was discussed at the West of Scotland Local Authority weather consortium meeting and assurances given by the provider that measures were in place to avoid a reoccurrence. Technology 2.8 The use of technology and innovation is examined each year to establish what elements can be adopted to improve information provided to the public and for operations. It had been anticipated that real time gritter information would be available on the council website. Unfortunately, the deployment of this continued to be problematic given that the APS fleet are multi-function vehicles and may or may not be involved in winter. In addition, APS changed software provider which led to further delays in the deployment. The system has now been tested and discussion has taken place with Legal services in relation to website content. Real time gritting information will be available on the council website from the start of October 2022. Route Forecasting Trial 2.9 In 2015/16 the Winter Service Policy and Procedures were changed from a whole council treatment to a domain-based treatment. At that time the gritting routes were re- optimised to be contained within one of three weather domains, North, East and West. This exercise enabled the targeting of available resources depending on the forecast conditions. Route based forecasting is the next step in optimisation and efficiency regarding winter maintenance and would support more localised actions based on forecast conditions. 2.10 It is proposed that over the coming winter period that a trial is undertaken with route base forecasting running in tandem with the current domain forecasting. This will enable the number or treatments, salt use, network treated, and network travelled to be compared and the benefits established. It is anticipated that the trial would support future winter policy developments and ascertain how route treatment could have a positive impact on carbon emissions through reduced salt use and network length travelled. Actual treatments will continue based on the domain-based forecasts during winter 2022/23. Intervention Levels 2.11 The intervention level for treatment has been at 1 degree as forecasting accuracy was historically a full degree, and this reduced the risk should temperatures drop suddenly. Page 119 of 217
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Through the years the level of accuracy provided by forecasters is now to 0.1 degrees. In addition, through the West of Scotland Local Authority weather consortium contract forecast providers monitor conditions 24 hours a day and advise on any changes to the forecast information. 2.12 Given the improved forecasting information and monitoring systems that are in place it is proposed to change the intervention level to 0 degrees which would be consistent with other adjacent local authorities. If approved this change would be a specification change in the new Enterprise Contract and will come into effect for the winter period of 2024/25. Salt bins 2.13 The number of salt bins provided across the network has continued to grow from 760 at the start of the contract in 2010 to 2793 (including 24 within recycling centres) which is considered an unsustainable level that cannot be serviced within an acceptable period during adverse weather conditions. 2.14 As part of the Winter Service Policy and Procures for 2020/21 criteria for the provision of salt bins was introduced. This was based around a decision matrix that considered road features such as gradient, bends, special features like doctor’s surgeries etc. and existing salt bin provision within the area. 2.15 It is proposed that the service undertake an assessment of all salt bins against the criteria contained within Appendix D of the Winter Service Policy approved by the former Environment and Transportation Committee. A rationalisation proposal would then be considered as part of the council’s annual budget processes and implemented during the summer of 2023 if approved. Rationalising the number of salt bins will ensure that salt bins are provided at the most challenging locations, and they can be effectively serviced during periods of adverse weather. 2.16 It is proposed to review the existing salt bins within the HWRC sites to establish if additional or larger bins can be provided which would help support local resilience. Community Salt Stocks 2.17 Community Salt Stocks were established last year at 14 locations over last winter and it is proposed to continue with this level of community resilience and the policy has been amended to reflect this. Risk 2.18 As part of the Winter Service review meeting several risks have been highlighted by APS. These are mainly around COVID, recruitment, parts and spares availability. These are all risks that are being faced by direct council services and these issues are discussed with APS at regular intervals to ensure that adjustments can be made if required. 3. Measures of success 3.1 The road network is generally available for residents, commerce and blue light services to use safely throughout the winter period enhancing the North Lanarkshire as the place to live, learn, work, invest and visit. Page 120 of 217
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4. Supporting documentation 4.1 Appendix 1 – Winter Service Policy and Procedures 2022/23 Nicole Paterson Head of Environmental Assets Page 121 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The council has a statutory duty to ensure that reasonable steps are taken to ensure the road network is free from ice and snow. The winter service is funded through the Roads budget and the value is set at the average of previous winters minus major events in 2018 and 2010. Any overspend is met by Corporate Finance however a winter contingency fund has also been established. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Page 122 of 217
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Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The report contains the annual Winter Service Policy and Procedures which is shared and distributed by the council’s communications team. Procedures are well established between the service and communications. 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? The general winter maintenance poses limited risk given that the council have established policy and procedures in place. The greatest risk arises when a major weather event occurs, that said procedures are in place within all council services to enable the council to react to major events. Major Winter events are contained within the Service Risk Register and an annual review is undertaken to learn lessons and improve procedures. Notwithstanding the weather event there is currently risks relating to COVID, recruitment, parts and spares. These risks are contained with the joint APS/ NLC Risk Register and are discussed at Monthly meetings and action taken where appropriate. Page 123 of 217
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APPENDIX 1 Contents Page No 1. INTRODUCTION 2 2. POLICY 2.1 Treatment of Roads 3 2.2 Level of Service 5 3. PROCEDURES 3.1 Preparation of Routes 6 3.2 Meteorological Reports 6 3.3 Decision Making Process 7 3.4 Resources 8 3.5 Road Condition Reports 9 3.6 Liaison with Police 9 3.7 Warning Signs 9 3.8 Road Closures 9 3.9 Salt Bins 9 3.10 Community Salt Stocks 10 3.11 Keeping and Retention of Records 10 Appendix 'A' - Plan of Council Areas 11 Appendix 'B' - Office and Contact Details 12 Appendix 'C' - Distribution List 12 Appendix 'D' - Salt bin decision matrix 13 Page 124 of 217
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NORTH LANARKSHIRE COUNCIL WINTER SERVICE 1. INTRODUCTION Under Section 34 of the Roads (Scotland) Act, 1984, North Lanarkshire Council has a statutory obligation to take such steps as it considers reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over their public roads which by definition includes carriageways, footways and footpaths. The A725, A8 trunk roads and the M73, M8, M80 and M74 motorways are the direct responsibility of the Scottish Government. It is the aim of North Lanarkshire Council as the local Roads Authority to:- (i) provide a standard of service on public roads which will permit safe movement of vehicular and pedestrian traffic appropriate to the prevailing weather conditions; (ii) establish a pattern of working which will keep delays, diversions or road closures to a minimum during adverse weather conditions; (iii) conduct operations having regard to the requirements of the Health and Safety at Work Act, 1974. This winter service policy has been developed taking account of Well Managed Highway Infrastructure A code of Practice (2018)’. This document is supplemented by a Winter Service Operational Plan developed in conjunction with our Partner, Amey Public Services LLP (APS), and is reviewed annually. The provision of the service is supported by the Council’s Customer Services Hub. Page 125 of 217
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2. POLICY 2.1 TREATMENT OF ROADS North Lanarkshire Council has the following priorities for treatment of carriageways and footways/footpaths that has been formulated on a hierarchical basis: CARRIAGEWAY PRIORITIES Primary Road Network These roads are treated on a Precautionary Salting basis All ‘A’, ‘B’ and some ‘C’ classified roads, main distributor roads; main roads in the vicinity of schools; access roads to hospitals, ambulance depots, main police stations and fire stations, and main bus routes. Other main roads steeper than 1 in 10 gradient (10%) and roads that are of local or national importance for the delivery of essential services. Where severe weather conditions are predicted these roads will be pre- salted and this will normally be carried out before the morning peak. Depending on weather conditions this could also involve an evening pre-salt. Where severe conditions such as snow persist, resources will remain concentrated on these roads. Secondary Road Network These are treated on a Post Salting basis, except as described for schools. Secondary distributor roads; access to isolated villages and rural communities; a main access road to each school; rural through routes not included above; spine roads into residential and industrial areas. Residential areas with road gradients steeper than 1 in 12.5 (8%), where the length of gradient exceeds 100m and where specific difficulties have been identified and where it is practical to do so. Secondary roads will be post treated when road surface temperatures are forecast to stay below zero for a significant period beyond 12 noon, following the precautionary treatment of the primary road network. Where road surface temperatures are forecast to stay below zero for a significant period beyond 12 noon and when resources are available secondary routes will be pre-treated to improve travel to school. Other Roads These are treated on a Post Salting basis. On the satisfactory completion of post salting of the abovementioned roads and if severe weather conditions persist, the remaining road network will be treated on a reactive basis. Treatment will be dependent on resources and changing weather conditions. Depending on weather conditions, treatment of the remaining network may take several days from onset of severe weather as priority will be given to, and concentrated on, the above stated road hierarchy. Post salting will only be undertaken if severe weather conditions are likely to extend for a significant period beyond 12 noon. Post salting operations will normally be undertaken out with the morning peak. During a period of prolonged severe weather conditions forecast to last longer than 7 days, blue light enquiries will be prioritised, and priorities will also take into account funerals, weddings, births and anyone requiring immediate hospital treatment (the council will coordinate this element of operations with NHS Lanarkshire). Reactive squads will Page 126 of 217
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FOOTWAY, FOOTPATH AND CYCLE ROUTE PRIORITIES Primary Path Network - Treated on a Precautionary Salting basis Urban Shopping areas, precincts and main pedestrian routes remote from carriageways which link major residential /commercial / industrial / educational facilities. Secondary Path Network – Treated on a Post Salting basis. Footways and Footpaths not covered above and Cycle Routes The treatment of primary path network will normally be carried out before the morning peak. The Secondary path network and other paved areas shall only be considered for treatment in times of persistent ice or snow. also prioritise special education needs schools, cemeteries, council sheltered housing and ice on ponds. In some cases, roads may remain untreated until weather conditions ease. Snow Clearing Operations Following the onset of heavy snowfalls the maximum available fleet of ploughing vehicles will be utilised. These operations will continue whilst snow is still falling with resources targeted to keep arterial routes open. After snow has stopped falling but is still lying, routes will be treated in line with salting priorities as resources permit. During prolonged events forecast to last more than 7 days additional resources supplied by Land Management or other resources will be deployed. Patrolling When marginal forecasts predict temperatures approaching but not expected to dip below zero degrees and when forecasters are low in confidence about their predictions, patrolling takes place. This operation is principally to check what the actual road conditions are on the network. A representative sample of the network will be patrolled to identify if a full pre-cautionary salt is necessary. Page 127 of 217
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Salt Stock Levels In extreme conditions salt stock levels can fall significantly in a very short period. In certain rare and unusual circumstances normal re-stocking of salt has in the past been prevented by external forces out with the control of the Council and its partners APS. If such an occurrence is repeated in the future, to conserve limited salt stocks, the winter service provision will be dedicated to the treatment of the primary networks only. APS have covered storage areas that hold a maximum of 10,000 tonnes of salt. The salt held in stock is monitored on a weekly basis to ensure that the average stock level of 7,500 tonnes is maintained during the high season. This average stock level is reduced to 4,500 tonnes at the end of February. The Council also has a covered strategic salt stock of 10,000 tonnes to enhance corporate resilience for the delivery of all services during periods of prolonged severe winter weather. 2.2 LEVEL OF SERVICE The decision to initiate winter service operations will normally be based upon the forecast received from the council’s weather service provider during the winter period. These forecasts will be provided every day at 0500hrs, 1100hrs and 1700hrs (including weekends and public holidays) to staff providing the winter service. In addition, the weather service provider will contact the Council’s partner, APS if there is any major change in the projected weather conditions. Winter service operations will also be initiated by APS on confirmed reports of adverse weather conditions. As the decision to initiate winter service operations will normally be based on the weather service forecast, it is proposed where possible to treat primary roads out with the hours of peak traffic flows. Therefore, it is intended that the treatment of all primary roads will be completed prior to the morning peak (0730 hrs). Where forecasts indicate adverse conditions in the evening, all reasonable effort will be made to treat primary roads out with the evening peak, but this will not always be practicable. Primary Path Network salting operations will be generally undertaken between the hours of 0500 hrs and 0800 hrs. Following prolonged periods of cold dry weather salting may not be undertaken if it is considered that sufficient residual salt is present. If severe weather is forecast in the evening, treatment of footpaths will be undertaken during daylight hours where there is no residual salt present and heavy precipitation is not forecast. Carriageway treatment will normally be undertaken within the following timescales. Primary Road Network – completed within 3.5 hours of commencement of treatment. Secondary Road Network – completed within 3.5 hours of the completion of Primary roads network, subject to weather conditions and the need to repeat treatment on the primary road network. Other Roads – these are dependent on weather conditions and resource availability and may be measured in timescales of several days from onset of severe weather. Page 128 of 217
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In recent years several attacks on the winter fleet have been perpetrated by individuals throwing missiles. This has caused damaged to vehicles and had the potential to seriously injure winter service operatives. Where such instances occur, the service will be withdrawn / restricted until a risk assessment considers it is safe to reinstate the normal level of service. 3. PROCEDURES 3.1 PREPARATION OF ROUTES Prior to the commencement of the winter service period, APS will prepare a list of priority routes based on the carriageway, footway, footpath and cycle path priorities shown in section 2. However, to minimise unproductive mileage some roads in a lower category may be treated out of sequence. A full set of priority routes will be kept by the Head of Environmental Assets. APS will have a full set of routes. Any alterations to the carriageway, footway and footpath priorities will be notified in writing to APS who will make the necessary adjustments to the routes. 3.2 METEOROLOGICAL REPORTS Arrangements shall be made by the Head of Environmental Assets, through the West of Scotland Weather Consortium, for the weather forecast to be provided for the North Lanarkshire Area from early October to the middle of May each year. The weather service provider will provide the Council and APS with the forecast each day at 0500hrs, 1100hrs and 1700hrs and any other weather warnings out with these times throughout the winter service period. The Council will ensure that weather service provider is provided with the telephone numbers of the members of staff responsible, on a rota basis, for initiating action out with normal working hours. APS and Council staff have the facility at any time to contact the weather service provider’s duty forecaster to discuss/clarify the forecast. All staff involved in decision making for the delivering of the Winter Service shall be trained in the interpretation and comprehension of climatic, temperature and weather conditions and forecasts. Page 129 of 217
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3.3 DECISION MAKING PROCESS The topography of North Lanarkshire is such that three distinct geographical areas of potential climatic variation have been identified. The weather forecast provides information for these geographical areas to reflect different climatic conditions. These forecasts will be used by APS to determine and plan the scope of work necessary and to minimise unnecessary treatment and action. The winter service period is split into a High and a Low Period. During the High Period, mid-October to mid-April, APS has resources on standby to react to prevailing weather forecast. During the Low Period, between early October and mid-October and mid-April to mid-May APS may not be on standby and therefore reaction times may be greater. These periods can be altered as required to reflect longer term weather forecast. When the appropriate APS staff member receives weather forecast at 1100 hours they shall make a decision on whether or not action is required. All proposed actions will be acknowledged by the Client standby officer. Further, the Client reserves the right to amend the proposed action if deemed necessary. The Client standby officer will approve all actions. The Council has access to 5no. weather stations to assist the decision-making process. When updates to the forecast are received out with normal working hours the APS staff member on standby shall take appropriate action based on the update. If there is a significant change to the weather forecast and / or proposed actions the appropriate Client staff will be informed. During periods of low temperature, if there is uncertainty about the course of action required by the update, consultation will take place with trained members of staff and /or the duty forecaster from the weather service provider. The provision of an internet Weather Consortium Message Board for posting of decisions taken by North Lanarkshire Council and by adjacent Authorities will allow continuity of service to be monitored and action taken where it is considered appropriate. North Lanarkshire Council actions will be posted together with updates to proposed actions. Decisions taken regarding North Lanarkshire routes will be recorded on the Viasala Manager electronic management system. . Page 130 of 217
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3.4 RESOURCES (a) Salt Under the Road Street Lighting and Winter Services contract, it is the responsibility of APS to organise the provision of salt to each depot and ensure the levels of salt do not fall below the prescribed minimum levels. At main recycling centres within the Council Area, a single quantity of 20kg or less of sand salt mix will be available for issue free of charge to the public, subject to them supplying a suitable container. (b) Personnel APS will provide a stand-by rota of supervisors and manual operators for the winter service period. Standby will commence in mid-October and continue until the middle of April. However, this period may commence earlier or finish later should conditions warrant. During moderate winter weather it is envisaged that resources of APS will be able to provide the level of service described in section 2.2. In extreme conditions, however, additional labour may be required from other sources, including other services of the Council. (c) Plant During the summer period, all equipment for salting roads and clearing snow will be maintained to ensure it is in working order prior to the start of the winter service period and where appropriate ensure that ancillary items can be fitted to vehicles without difficulty. APS will provide a communications system between the depot and all the winter service fleet. The winter fleet is fitted with data logging and a Geographic Positioning System (GPS). 3.5 Road Condition Reports Each working day throughout the winter service period, a daily report of the operations that have taken place during the previous 24 hours will be available on the electronic manager system. The report shall provide information on routes treated, salt used, time operations started, roads closed, additional resources used and details of any other major problem. The report is available to the Head of Environmental Assets and the Roads Operations Teams, any major incident will be reported immediately to Client staff. Page 131 of 217
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3.6 Liaison with Police In recognition of the role of the Police during difficult weather conditions, APS shall advise the Police of all adverse forecasts relating to winter operations. APS shall also request appropriate assistance from the Police when moving equipment, arranging road closures, and dealing with abandoned vehicles. Where appropriate, APS shall advise the Police at the Force Control Room of all extreme adverse road conditions, including roads closed or conditions which may lead to roads being closed. The Police may report such matters to the broadcasting authorities. Such communications will be followed up by reports on progress and clearance, particularly when conditions are returning to normal. On request to their Group Traffic Superintendent, the Police have agreed to assist the movement of ploughs and salting vehicles on principal traffic routes. APS shall issue out of hours rotas (including amendments) to the Chief Constable, Divisional Commander's Office and local Police Offices. Reports from the Police regarding dangerous road conditions shall be acted upon by APS designated staff on stand-by as soon as practicable, having regard to priorities in this document and the conditions pertaining throughout the Council's area. 3.7 Warning Signs The Head of Environmental Assets shall at appropriate locations arrange for the erection of signs giving warning of sections of road liable to icing. 3.8 Road Closures Where a road is closed, APS is responsible for ensuring that the Police and Council staff are advised and that appropriate signs are erected. When the road continues into an adjoining Council area that Council shall be kept informed. 3.9 Salt Bins Salt bins may be provided at specific locations and in the vicinity of schools to assist the local community in areas not on priority routes or at known trouble spots including steep gradients and sharp bends. Bins will only be provided at those locations that meet the minimum scoring criteria set out in appendix D and where agreement can be reached with the adjacent property owner/ occupier. It is intended that these salt bins are for the self-use of the public as an enhancement to the service provided by the Council. Records of existing salt bin locations are held by the Head of Environmental Assets and detailed on the Council’s website winter service page. Page 132 of 217
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3.10 Community Salt Piles Community Salt Piles will be provided at the following locations, establish for the winter of 2021/22. • Coatbridge - Time Capsule Coatbridge • Airdrie – Airdrie leisure Centre • Bellshill – Matt Busby Centre • Motherwell – aquatec • Wishaw – sports centre • Kilsyth – sports centre • Cumbernauld – Broadwood stadium • Shotts – sports centre • Northern Corridor – Ian Nicholson Centre • Salsburgh - Community Centre • Viewpark – Car park at Burnhead CC • Croy – area at hub • Newmains – NCT Centre • Moodiesburn – Pivot Centre 3.11 Keeping and Retention of Records Appropriate records will be kept of the following by APS :- (a) The weather forecasts, including updates. (b) Decisions taken based on the weather forecasts. (c) Decisions taken based on other reports. e.g. police reports. (d) Maximum and minimum air temperatures at each depot. (e) Details and timings of routes salted. APS will be responsible for preparing and retaining the above records for a minimum period of 7 years. Records from the Council weather stations are held by the service provider. Page 133 of 217
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Appendix A Plan of North Lanarkshire and Weather Domain Areas Page 134 of 217
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Appendix B - Road and Transportation It should be noted that the service cannot react to individual requests for streets to be treated/ cleared therefore individual requests are no longer logged. All enquiries relating to the filling of and request of new salt bins should be directed to the following New salt bin - Grit bin: request a new grit bin | North Lanarkshire Council Refill a salt bin - Grit bin: request refill | North Lanarkshire Council Website: www.northlanarkshire.gov.uk In the event of an emergency Police Scotland should be the first point of contact. Appendix C - Distribution List Internal :- North Lanarkshire Local Members Chief Executive North Lanarkshire Council Executive Directors Head of Legal and Democratic Solutions External :- Trunk Road Operators Amey Public Services LLP Automobile Association (AA) Chief Executives of Adjacent Councils :- (East Dunbartonshire, South Lanarkshire, City of Glasgow, West Lothian, Falkirk, Stirling ) Community Councils Grid Controller, Scottish Gas Road Haulage Association Royal Automobile Club (RAC) Scottish Ambulance Service Scottish Government Scottish Fire & Rescue Service – Service Delivery Director - West Scottish Fire & Rescue Service – Chief Officer Strathclyde Partnership for Transport (Local Bus Companies distributed via SPT) Police Scotland - Divisional Commanders Scottish Road Partnership Project Ltd Page 135 of 217
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Appendix D – Salt Bin Decision Matrix Road name and number Would this bin be placed on a public road If not do not proceed with assessment Is there a suitable hardstanding location for a salt bin If not do not proceed with assessment Is there agreement from the adjacent property owner/ occupier If not do not proceed with assessment Characteristic Severity Standards Score Assessed Score Gradient Steep (>1 in 20) Moderate (1 in 20 to 1 in 30) Slight (< 1 in 30) 75 40 0 Bend Sharp (> 90 degrees) Moderate (45 to 90 degrees) Slight < 45 degrees) 35 25 0 Close proximity to and falling towards Heavy trafficked roads Moderately trafficked roads Lightly trafficked roads 90 75 30 On a treated route Primary Secondary Not on treated route -100 15 30 Vertical traffic calming measures Yes No 10 0 Any special features (Hospital, doctors surgery) Yes No 20 0 Salt bin already in area (within walking distance) Within 100m Within 300m Greater than 300m -100 0 20 Total of 40 or above qualifies Page 136 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref NP/VA/HA Date 24/08/22 Dumbreck Marsh and Garrel burn river restoration From Nicole Paterson, Head of Environmental Assets E-mail patersonn@northlan.gov.uk Telephone 07717545345 Executive Summary This report provides a summary of the successful river restoration project completed on the Garrel burn at Dumbreck marsh, Kilsyth. The project aimed to improve habitats across the site and also provide improved public access and flood resilience. The project was delivered in partnership with the Scottish Environmental Protection Agency securing significant external funding to the project, and ensuring the project met wider environmental aims of improving river quality and fish passage. The project was successfully completed in April 2022. Contract costs were significantly higher than anticipated due to environmental complexity and design constraints. However the additional spend was largely met by additional external funding from Water Environment Fund and Scottish Government, enabling it to be completed within Environmental Assets existing capital budget allocation. Recommendations It is recommended that the Environment and Place Committee: 1) Recognise the successful delivery of this major project bringing significant environmental benefits to North Lanarkshire. 2) Recognise the partnership working with SEPA bringing additional benefit to the council. 3) Acknowledge the additional costs incurred in the contract due to the complex nature of the project. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (16) Transform our natural environment to support wellbeing and inward investment and enhance it for current and future generations AGENDA ITEM 8 Page 137 of 217
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1. Background 1.1 To deliver commitments in the Local Biodiversity Plan, Environmental Assets developed a project to improve wetland habitat in Dumbreck nature reserve. Consultation with SEPA led to development of a larger project that could also deliver river restoration benefits and public access improvements. SEPA were keen to support this project through its Water Environment Fund and the council entered into an MOU with SEPA with funding of £615,000 committed to the project at the outset rising to £2,615,000 when the project moved to delivery. 1.2 WSP (external consultant) was appointed in 2017 for survey, design, site construction and project management. Ground investigation works and hydraulic modelling led to a detailed design being agreed in November 2019. 1.3 Extensive community consultation has been carried out since 2017 (and reported in May 2019 to Environment and Transportation committee) and continued throughout construction with presentations at Community Council meetings, other local meetings in Kilsyth, project newsletter distribution and social media & NLC website. Detail of the project was reported to the Environment and Transportation committee in May 2019 att90499.pdf (northlanarkshire.gov.uk). 1.4 The work was tendered to the original design and awarded to George Leslie with work starting on site in September 2020 (with a revised 2 stage programme and following delays owing to COVID-19) after planning permission being granted in November 2019. 2. Report 2.1 This significant and innovative project, led by our Community Greenspace team with support from the Infrastructure and Transportation team and the Scottish Environment Protection Agency was completed in April 2022. The project was also used as an exemplar by the BBC during its coverage of COP26. 2.2 The key outcomes of the project are conserving threatened habitats and species such as invertebrates, water voles and wetland birds, improving and sustaining the wetland habitat of the reserve and improving climate resilience in the immediate area. 2.3 The investment has seen re-naturalisation of part of the Garrell Burn, from an entrenched channel created over 250 years ago. This channel lacked diversity and resulted in a reduction in habitat for local wildlife as well as disconnecting the burn from its floodplain. Further to this, two weirs located within the river at Kilsyth prevented access to over 1.5 km of quality upstream habitat to migrating fish such as eel, trout, salmon and lamprey. 2.4 By restoring around 600m of the burn to a more natural lowland meandering style, with a wider and shallower channel with gravel bars and pool features, the river will be able to accommodate a greater variety of wildlife and provide more attractive fish habitat. The channel also now allows the Garrell Burn to naturally flood into the wetland zone to help recharge the marsh with water. Page 138 of 217
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2.5 Two weirs have had “pre-weir” fish ladders built to allow migrating fish to, once again, reach the upstream habitat available in Kilsyth, and an amphibian pond created, as well as a sandmartin wall and bird and bat boxes installed. 2.6 Public access has also been substantially improved with new pathways and resurfacing of existing popular routes while three new attractive footbridges enhance the experience of the riverside for visitors. Further community and visitor engagement and improved interpretation of the site’s industrial and natural heritage is part of the council’s strategy for Dumbreck. 2.7 The original contract value was £1.800,000 (with provisional sums for invasive species removal. However, during 2020 the design team had to remodel the scheme due to concerns about flood risk. This resulted in time delays pushing the project into the fish breeding season and requiring programme extension and associated additional costs. The extent of invasive non-native species on the site was much greater than anticipated. This was expensive to remove and dispose of to required environmental standards further adding to the additional costs. Final construction contract costs were agreed in March 2022 as £4,175,789. 2.8 SEPA recognised both the significant environmental benefit the project was bringing to the river and wetland habitat and also the complexity of the design and engineering work required and awarded additional funds to cover the majority of these costs. The total award from the Water Environment Fund (administered by SEPA) was £3,020,000 with an additional £442,000 from the Scottish governments fish passage programme to support the construction of the two fish passes. Environmental Assets capital programme and Nature Recovery funding made up the remainder of the project costs (£900,000). 2.9 Following completion of the project the service held a lessons learned workshop in partnership with the design consultants and SEPA to fully understand the issues that arose due to the design complexity to aid both SEPA and the council to be in an improved position for any further projects under the Water Environment Fund programme. 3. Measures of success 3.1 Community use of the site increases Continued biodiversity improvements monitored by Clyde River Foundation and council Countryside ranger service 4. Supporting documentation Appendix 1 – Photos of the existing and restored site Page 139 of 217
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Nicole Paterson Head of Environmental Assets Page 140 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Additional capital funding was awarded to the project from existing Environmental Asset capital programme with SCDG approval 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 141 of 217
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? A positive impact has been achieved benefitting wetland biodiversity and river condition. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The project has generated positive comms activity including a ministerial visit to the completed project 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 142 of 217
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Appendix 1 Picture of the original (inset) and restored Garrel burn Page 143 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-CPT-22-010 Date: 24 August 2022 Contract Award for the Provision of Waste Management & Recycling Services for Bulky Waste From Andrew McPherson, Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary The Committee is asked to approve the award of a contract for the Provision of Waste Management & Recycling Services for Bulky Waste (the ‘Contract’) to Dow Group Limited. The Contract is for an initial period of 36 months anticipated to commence on 14 October 2022. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months in two 12-month periods. The value of the Contract shall not exceed Six Million, One Hundred Thousand and Nine Hundred and Eighteen Pounds Sterling (£6,100,918) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Contract to Dow Group Limited at the maximum value of Six Million, One Hundred Thousand and Nine Hundred and Eighteen Pounds Sterling (£6,100,918) exclusive of VAT. This recommendation follows the completion of a procurement procedure, where the Tender recommended for award has been evaluated as providing the most economically advantageous Tender in terms of cost and quality for the Council. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 9A Page 145 of 217
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1. Background 1.1 The requirements within the Contract are currently under Contract with Dow Group Limited. This contract is due to expire on 13 October 2022 with the Contract detailed within this report due to supersede this. 1.2 North Lanarkshire Council are responsible for waste management facilities to sort, treat and dispose / recycle items of bulk waste collected as shown below: • The Council’s “Special Uplift” service excluding items of Waste Electrical and Electronic Equipment (WEEE); • Dumped waste from the Council’s “Removal of Fly Tipping” service; and • Bulky waste removal from the Councils housing stock. 1.3 The Special Uplift Service is one of several services offered and operated by the Council’s Waste Solutions Section and compliments the weekly domestic kerbside collection services and Household Waste Recycling Centres, (HWRC), that are strategically located throughout the North Lanarkshire area. 1.4 It is anticipated that the following tonnage will be collected annually: • circa 3,000 tonnes of bulky household waste via the Council’s “Special Uplift” service; • circa 6,000 tonnes of dumped waste from the Council’s “Removal of Fly Tipping” service • circa 1,400 tonnes of bulky household waste via the bulky waste removed from the Councils housing stock. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract and the identified procurement procedure (route to market) dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Mini Competition” from the Scotland Excel Treatment and Disposal of Recyclable and Residual Waste (27/17) Dynamic Purchasing System (DPS), Lot 11 – Treatment and Disposal of Bulky Waste 2.4 The Contract award recommendation is made on the basis of the tenderer who submitted the most economically advantageous tender. 2.5 The tender submitted by Dow Group Limited has been evaluated as representing the most economically advantageous tender for this Contract. Page 146 of 217
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2.6 Appendix 1 confirms the scoring achieved by each tenderer, further details of the procurement procedure is provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. 2.7 The value of the Contract shall not exceed Six Million, One Hundred Thousand and Nine Hundred and Eighteen Pounds Sterling (£6,100,918) exclusive of VAT including all extension options available. 2.8 The costs associated with contract delivery will be contained within the revenue budgets for Waste Solutions, Land Maintenance & Housing Solutions. Price Savings / Increases 2.9 The value of the contract has been increased due to a rise in the tonnage for the fly tipping removal services and to accommodate additional tonnage if required for a service change for the Special Uplift Service. The new rates are an increase of circa 6.4% for special uplifts and fly tipping removal waste, and a saving of circa 12% on the rates for bulky waste removed from the Council’s housing stock. Price Stability 2.10 Prices shall be firm for the first 12 months of the Contract. Subsequent to that initial period, there is provision within the Contract for Dow Group Limited to request annual price review however these will require to be no greater than the current National Retail Price Index & any statutory amendments to landfill tax. The decision to accept or reject any price review will be at the sole discretion of the Council. Community Benefits 2.11 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.11.1 Within their Tender, Dow Group Limited committed to deliver the following community benefits within the Contract where possible: • Create recruitment, including apprenticeship opportunities; • Provide training sessions in the Council’s establishments; • Supply chain development & opportunities for local SMEs; and • Local youth sports programme sponsorship. 2.11.2 The community benefits delivered as part of the Contract potentially include the creation of jobs or apprenticeships. Fair Work First 2.12 Within their tender submission, Dow Group Limited advised that they have committed and / or will commit to the following areas of the Scottish Governments “Fair Work First” initiative: • Investment in workforce development; • No inappropriate use of zero hours contracts; Page 147 of 217
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• Work towards being an accredited Living Wage Employer; and • Appropriate channels for effective voice, such as trade union recognition Contract Strategy 2.13 Officers from Regulatory and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Council’s agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes; 3.1 The appointment of a service provider who has the experience and capability to deliver an innovative, high quality and responsive waste disposal and recycling service that will deliver the minimum delivery targets within the Contract; • The contract award procedure is compliant with the procurement legislation and internal procedures; • That best value is both demonstrable and achieved; • That the Contract secures a range of community benefits; • That the Contract secured a number of “Fair Work First” initiatives; • That the Contract performance is proactively managed against a number of local Key Performance Indicators and national targets; and • A collaborative approach to the procurement of the requirement, minimising the burden on internal resource and leveraging the economies of scale. Andrew McPherson Head of Head of Regulatory Services and Waste Solutions Page 148 of 217
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4. Impacts ( http://connect/report-template-guidance ) 4.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 4.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? North Lanarkshire Council has a statutory obligation to provide the Bulky Waste Service for Special Uplifts, Fly Tipping removal & Housing Bulky removal. This has been built into the revenue budget for Waste, Land Management & Housing. 4.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? N/A 4.4 Legal Impact Page 149 of 217
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Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? N/A 4.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 4.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ Page 150 of 217
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4.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Dow Group Limited have indicated they can achieve over 40% recycling and a minimum of 25% diversion from landfill of the material delivered through this contract. Thus, improving North Lanarkshire’s recycling performance. They will also continue to explore ways to extract further types of material for recycling. They have a commitment to meet the ban on all non-household biodegradeable waste from entering Landfill by 2025. Both will have a positive impact on the carbon emissions. 4.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A 4.9 Risk Impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Low risk as there are plenty of contingency opportunities if the successful contractor was unable to fulfil the contract. This can be achieved either via Scotland Excel framework or through a Negotiated Tender Process for a temporary period. Page 151 of 217
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Appendix 1 – Summary of Tender Evaluation Process Final Rank Tenderer Name Total Tender Score (%) Recommended for Contract Award (Y / N) 1 Dow Group Limited 93.00% Yes 2 Diverse Investments Scotland Limited trading as Newtown Waste Solutions Limited and Newtown Skip Hire Limited 84.65% No 3 Paterson’s of Greenoakhill Limited 80.89% No 4 Hamilton Waste & Recycling Limited 78.13% No Page 152 of 217
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Appendix 2 – Summary of Procurement Process Response Procurement Procedure Utilised: Mini Competition DPS Owner Scotland Excel DPS Title Treatment and Disposal of Recyclable and Residual Waste DPS Reference Number 27/17 DPS Lot Reference Lot 11 – Treatment and Disposal of Bulky Waste Governing Legislation / Regulations: Procurement (Scotland) Regulations 2016 Date Contract Strategy Approved: 16 September 2019 (Overarching Strategy for the Scotland Excel Treatment and Disposal of Recyclable and Residual Waste (27/17) Dynamic Purchasing System) Date ITT Documents Published: 25 May 2022 Number of Companies Invited to Take Part: 31 Tender Return Deadline: 15 June 2022 Number of Tenders Received: 4 Tenders Received from SME’s: 3 Tenders Received from NLC Based Tenderers: 3 Number of Non−compliant Tenders: 0 Number of Compliant Tenders: 4 Number of Recommended Tenderers: 1 Basis of Contract Award (Both Lots): Quality: 30% Price: 70% Evaluation Team: Officers from Waste Solutions Anticipated Contract Start Date: 14 October 2022 Total Contract Period (Months): 36 + 12 + 12 Maximum Total Contract Value: £6,100,918 Page 153 of 217
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Appendix 3 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Dow Group Limited Medium North Lanarkshire Diverse Investments Scotland Limited trading as Newtown Waste Solutions Limited and Newtown Skip Hire Limited Small North Lanarkshire Paterson’s of Greenoakhill Limited Large North Lanarkshire Hamilton Waste & Recycling Limited Medium East Lothian Page 154 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-CPT-22-037 Date: 24 August 2022 Contract Award for the Treatment & Disposal of Kerbside Collected Co-mingled Food & Garden Waste From Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary The Committee is asked to approve the award of a contract for the provision of Treatment & Disposal of Kerbside Collected Co-mingled Food & Garden Waste (the ‘Contract’) to Levenseat Limited. The Contract is for an initial period of 36 months anticipated to commence on 01 October 2022. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months in two 12-month periods. The value of the Contract shall not exceed Eight Million, Five Hundred and Fifty Thousand Pounds Sterling (£8,550,000.00) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Contract to Levenseat Limited at the maximum value of Eight Million, Five Hundred and Fifty Thousand Pounds Sterling (£8,550,000.00) exclusive of VAT. This recommendation follows the completion of a “Direct Award” procurement procedure using the Scotland Excel Organic Waste framework agreement (0220), Lot 3 - Co-mingled Food and Garden Waste (the “Framework”). The Plan for North Lanarkshire Priority Enhance participation, capacity, and empowerment across our communities Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 9B Page 155 of 217
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1. Background 1.1 The requirements within the Contract are currently under contract with Levenseat Limited. This contract is due to expire on 30 September 2022 with the Contract detailed within this report due to supersede this. 1.2 North Lanarkshire Council are responsible for providing the necessary facilities to collect, receive, sort, treat, recycle and dispose of co-mingled food & garden waste collected via the Council’s kerbside recycling collection service. 1.3 The Kerbside collected co-mingled food and garden recycling collection service is one of several services offered and operated by the Council’s Waste Solutions team and compliments the weekly domestic kerbside collection services and Household Waste Recycling Centres, (HWRC), that are strategically located throughout the North Lanarkshire area. 1.4 It is anticipated that circa 24,000 tonnes of Kerbside co-mingled food and garden waste will be collected annually via the Council’s kerbside recycling collection service. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract and the identified procurement procedure dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Direct Award” from the Framework. The Framework has seven (7) contractors appointed however only three (3) were located within reasonable proximity of the Council’s proximity to accept the Council’s waste. Additionally, following a review of the three (3) contractors operating procedures, two (2) out of these contractors do not operate during the Council’s required operational timeframe therefore leaving only one (1) contractor to progress with from the Framework . 2.4 The Contract award recommendation is made on the basis of Levenseat Limited being the only eligible contractor capable of meeting the Council’s requirements, procedures, operational timeframes etc. Additionally, the Council will achieve continuity of service provision, with no impact or disruption to wider service delivery. 2.5 Negotiations took place with Levenseat Limited and a gate fee price was agreed which is a lower rate in comparison to the other contractors within the geographical area from the Framework. 2.6 Further details of the procurement procedure are provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. Page 156 of 217
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2.7 The value of the Contract shall not exceed Eight Million, Five Hundred and Fifty Thousand Pounds Sterling (£8,550,000.00) exclusive of VAT including all extension options available. 2.8 The costs associated with contract delivery will be contained within the revenue budgets for Waste Solutions. Price Savings / Increases 2.9 The new negotiated rate is an increase of circa 12.25% against existing contract rates. This increase can be attributed to market volatility, staffing costs, operating costs (i.e. fuel, electricity etc.) and inflation. However, by negotiating directly with Levenseat Limited, the Council was able to agree a circa 22.80% cost avoidance saving against Levenseat Limited’s agreed Framework rates. Price Stability 2.10 Prices submitted by Levenseat Limited shall be firm for the entire duration of the Contract, including any optional extension years. Community Benefits 2.11.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement as per the terms of the Framework. This approach is designed to deliver local community benefits where possible. 2.11.2 Within their Tender, Levenseat Limited committed to deliver the following community benefits within the Contract: • Create foundation, modern or graduate apprenticeship opportunities; and • Local sponsorship to support a community initiative enhancing the local environment and developing sustainability. 2.11.3 The community benefits delivered as part of the Contract potentially include the creation of jobs or apprenticeships. Fair Work First 2.12 Within their tender submission for appointment to the Framework, Levenseat Limited confirmed that they pay their employees a minimum of the Living Wage and are also an accredited Living Wage Employer. Contract Strategy 2.11 Officers from Regulatory Services and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Council’s agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes; Page 157 of 217
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3.1 The appointment of a Contractor who can meet the Council’s requirements and has the experience of delivering, high quality and responsive food and garden waste disposal and recycling service that will deliver the minimum delivery targets within this Contract. 3.2 The contract award procedure is compliant with the procurement legislation, Scotland Excel Framework Terms & Conditions and internal procedures. 3.3 That Best Value is both demonstrable and achieved via a significant cost avoidance saving. 3.4 That the Contract secures community benefits. 3.5 A collaborative approach to the procurement of the requirement, minimising the burden on internal resource and leveraging the economies of scale. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Andrew McPherson Head of Head of Regulatory Services and Waste Solutions Page 158 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? The new negotiated rate is an increase of circa 12.25% against existing contract rates. This increase can be attributed to market volatility, staffing costs, operating costs (i.e. fuel, electricity etc.) and inflation. However, by negotiating directly with Levenseat Limited, the Council was able to agree a circa 22.80% cost avoidance saving against Levenseat Limited’s agreed Framework rates. This has been built into the revenue budget for Waste. 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? N/A 5.4 Legal Impact Page 159 of 217
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Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? N/A 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ Page 160 of 217
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If Yes, please provide a brief summary of the impact? The primary objectives of the Levenseat recycling process is to maximise recovery of recyclable materials from the Food & Garden waste at their organic processing plant. All material is reused/recycled, the organic waste for In Vessel Composting, non- organic waste is sent for further processing on site. The In Vessel Composting produces two products: • Energy rich extract which is transferred to a holding tank prior to be exported off-site via articulated trucks to be used in AD plants in England & Scotland producing both gas to grid and electricity to grid outputs. Residues from these processes include a nutrient rich sludge which can be used as fertiliser replacements in agriculture • The second product from the extrusion press is a moist but fibrous organic fraction which is presented for inclusion in the Levenseat IVC process. Following the process the mature composted material is used in agriculture and horticulture. 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? N/A 5.9 Risk Impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Low risk as there are plenty of contingency opportunities if the contractor was unable to fulfil the contract in the event of an emergency. Page 161 of 217
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Appendix 1 – Summary of Procurement Process Response Procurement Procedure Utilised: Direct Award Governing Legislation / Regulations: Procurement (Scotland) Regulations 2016 Date Contract Strategy Approved: 01 July 2022 Number of Companies Invited to Take Part: 1 Tender Return Deadline: 13 July 2022 Number of Tenders Received: 1 Where Only One Tender Is Received, Why?: Direct Award Procurement Procedure Tenders Received from SME’s: 1 Tenders Received from NLC Based Tenderers: 0 Number of Recommended Tenderers: 1 Evaluation Team: Members of Regulatory Services and Waste Solutions Anticipated Contract Start Date: 01 October 2022 Total Contract Period (Months): 36 + 12 + 12 Maximum Total Contract Value: £8,550,000.00 Page 162 of 217
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Appendix 2 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Levenseat Limited Medium South Lanarkshire Page 163 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: AMcP/LO Date: 24 August 2022 Contract Award for Supply & Fit Tyres for Vehicles & Plant From Andrew MacPherson, Head of Regulatory Service and Waste Solutions E-mail Oneillly@northlan.gov.uk Telephone 07939 280467 Executive Summary Committee is asked to approve the award of a contract for Supply & Fit Tyres for Vehicles & Plant including associated Services (the ‘Contract’) to McConechy’s Tyre Service Limited The Contract is for an initial period of 24 months anticipated to commence on 1 November 2022. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months. The value of the Contract shall not exceed nine hundred and sixty thousand Pounds Sterling (£960,000.00) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Contract to McConechy’s Tyre Service Limited at the maximum value of nine hundred and sixty thousand Pounds Sterling (£960,000.00) exclusive of VAT. This recommendation follows the completion of a procurement procedure, where the tender recommended for award has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council. The recommendation is subject to McConechy’s Tyre Service Limited satisfying the Council’s published minimum requirements of the SPD (Scotland) as per section 2.3 below. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition Statement (14) Ensure the highest standards of public protection AGENDA ITEM 9C Page 165 of 217
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1. Background 1.1 The Council requires a single provider for the supply and fit of tyres for its wide range of vehicles and plant including associated services i.e. wheel balancing, alignment etc. Following a review of spend and usage of historical contracts for requirements, the Council was able to identify a “core” list of tyres and associated services which are purchased on an ongoing basis and are classified as high volume. Any additional tyres and associated services required that are not deemed as high volume are classified as “non-core” and a process was created to ensure full pricing coverage. 1.2 The requirements within the Contract are currently under contract with McConechy’s Tyre Service Limited. This contract was a direct award via the Scotland Excel Tyres for Vehicles and Plant (02-21) (the “Framework”) and will expire on 31 October 2022 with the Contract detailed within this report due to supersede it. 1.3 The Framework was created via a six-lot structure with three of the lots covering supply only requirements and the other three lots covering supply and fit requirements for light vehicles, heavy vehicles and plant.. Following discussions with Scotland Excel, it was determined that the Council was unable to utilise the Framework for its future provision as it was not possible to undertake a competition across the multiple lot structure when the Council’s ambition was to appoint a single supplier for all its requirements. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. An advert for the contract opportunity was published on the Public Contracts Scotland and the UK Find a Tender (FTS) website. 2.3 The procurement procedure was undertaken as an “Open Procedure” Based on the evaluation criteria and scoring methodology set out in the invitation to tender package within the procurement procedure, an evaluation of tender responses was completed by members identified by the UIG in three stages as per below: Stage 1: Compliance Check: The first stage was to ensure tenders submitted were substantially complete, complied with the requirements of the ITT and responses / declarations within SPD (Scotland)* responses indicated that that tender met the Council’s minimum requirements applied within the procurement procedure. Stage 2: Evaluation and Award Stage. The next stage was to evaluate tenders other than those rejected as non-compliant (as per stage 1 above), in order to determine the most economically advantageous tender(s) via an assessment of quality and price responses. Stage3: Request for Documentation: The final stage was to assess responses to the SPD (Scotland) in more detail for those identified as submitting the most economically advantageous tender(s). This process incudes requesting additional evidence, documentation, information etc. to corroborate initial responses to ensure the tender meets the Council’s minimum requirements applied. Page 166 of 217
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*The SPD (Scotland) is a standard questionnaire that contains questions on both exclusion and selection criteria in terms of business probity, economic / financial status, technical and professional ability and general standards of tenderers. At time of writing, McConechy’s Tyre Service Limited is still undergoing the stage 3 assessment (as above) therefore the recommendation to award the Contract is subject to them meeting the Council’s minimum requirements within the procurement procedure. 2.4 The Contract award recommendation is made on the basis of the tenderer who submitted the most economically advantageous tender in terms of quality and price. 2.5 The tender(s) submitted by McConechy’s Tyre Service Limited has been evaluated as representing the most economically advantageous tender for this Contract. 2.6 Appendix 1 confirms the scoring achieved by each tenderer, further details of the procurement procedure is provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. 2.7 The value of the Contract is nine hundred and sixty thousand Pounds Sterling (£960,000.00) exclusive of VAT including any option to extend the Contract. 2.8 The costs associated with contract delivery will be contained within the revenue budget for Fleet Services, Regulatory Services and Waste Solutions. Price Savings / Increases 2.9 Price savings cannot be identified at this point as the requirements for the Contract is service dependent and cannot be projected. Generally the market has seen an increase in costs for the supply of tyres due to supplies primarily being imported from China. Price Stability 2.10 Contracted “core” tyre prices will be fixed for the first 12 months of the Contract and be inclusive of any delivery charges. Subsequent to that initial period, and on an annual basis thereafter, some or all of the prices submitted by McConechy’s Tyre Service Limited may be subject to review. That review under no circumstances will introduce increases greater than the current level at the time of request as determined by the National Retail Price Index. 2.11 Tyres and services deemed as “non-core” where they are not specified in the Pricing Schedule and these shall be subject to the Contractors current pricing lists at the time of ordering, less any non-core discount offered. The Council must always be provided with McConechy’s Tyre Service Limited most current price lists. Non-core tyres will achieve a 10% discount from McConechy’s Tyre Service Limited price lists. Community Benefits 2.11.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.11.2 Within their tender, McConechy’s Tyre Service Limited committed to deliver the following community benefits within the Contract: Community Benefit Type Quantity Committed New Job for an Apprentice from a Priority Group (Full Time) 1 Page 167 of 217
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Business Mentoring and Advice to support to an SME / Social Enterprise / Voluntary organisation 1 Non-financial Support for a Community Project / Organisation 4 2.11.3 The community benefits delivered as part of the Contract includes the creation of a job for an apprenticeship. Fair Work First 2.12 Within their tender submission, McConechy’s Tyre Service Limited advised that they will commit to the Scottish Governments “Fair Work First” initiative: McConechy’s Tyre Service Limited also offer a company-wide apprenticeship programme with their training partner; recruitment of the right person for the position no matter the ethnic origin and gender; a Flexible Working Policy that offers flexible working patterns to all colleagues, managers proactively encourage, promote and support colleagues to work flexibly. Contract Strategy 2.13 Officers from Fleet Services, Regulatory Services and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Councils agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes; 3.1 A provider who is able to service the Council’s requirements for the supply and fit of the various Tyres for all vehicles and plant types over expanse of the whole Council area with mobile response vehicles able to respond to emergency call outs within 60 minutes of logging a call with the Contractor within the geographical boundary of the Council. 4. Supporting documents Appendix 1 Summary of Tender Evaluation Process Appendix 2 Summary of Procurement Process Appendix 3 SME Status and Location of All Tenderers Andrew McPherson Head of Regulatory Services and Waste Solutions Page 168 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-scotland- duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal Impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ Page 169 of 217
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If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ Page 170 of 217
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If Yes, please provide a brief summary of the impact? 5.9 Risk Impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Low impact. Page 171 of 217
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Appendix 1 – Summary of Tender Evaluation Process Final Rank Tenderer Name Total Tender Score Recommended for Contract Award (Y / N) 1 McConechys Tyre Services limited 97.37% Yes 2 R&J Strang Tyre Services Limited 92.49% No 3 Soltyre Limited 87.20% No 4 Tructyre Fleet Management Limited 75.98% No Page 172 of 217
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Appendix 2 – Summary of Procurement Process Response Procurement Procedure Utilised: Open Procedure Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 06 April 2022 Date Contract Notice Published: 03 May 2022 Total Expressions of Interest Received: 7 SME % of Expressions of Interest: 57% NLC Based % of Expressions of Interest: 14% Tender Return Deadline: 12 Noon, 10 June 2022 Number of Tenders Received: 4 Tenders Received from SME’s: 2 Tenders Received from NLC Based Tenderers: 1 Number of Non−compliant Tenders: 0 Number of Compliant Tenders: 4 Number of Recommended Tenderers: 1 Basis of Contract Award: Quality: 30% Price: 70% Evaluation Team: Staff from Regulatory Services and Waste Solutions and the Corporate Procurement Team Anticipated Contract Start Date: 01 November 2022 Total Contract Period (Months): 24 + 24 Maximum Total Contract Value: £960,000 Page 173 of 217
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Appendix 3 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) McConechys Tyre Services Limited Large Glasgow City Council R&J Strang Tyre Services Limited Medium South Lanarkshire Soltyre Limited Medium North Lanarkshire Tructyre Fleet Management Limited Large Gateshead Council Page 174 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☒ Yes ☐ No Ref: NLC-SLP-22-024 Date: 24 August 2022 Contract Award for the Provision of Landfill Consultancy Services From Andrew McPherson, Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary The Committee is asked to approve the award of a contract for the provision of Landfill Consultancy Services (the ‘Contract’) to RPS Consulting Services Limited. The Contract is for an initial period of 36 months anticipated to commence on 12 September 2022. The Council reserves the right to extend the Contract for additional periods up to a maximum of a further 24 months in two 12-month periods. The value of the Contract shall not exceed Nine Hundred Thousand Pounds Sterling (£900,000.00) exclusive of VAT. Recommendations It is recommended that Committee approves the award of the Contract to RPS Consulting Services Limited at the maximum value of Nine Hundred Thousand Pounds Sterling (£900,000). This recommendation follows the completion of a “Direct Award” procurement procedure using the Scotland Excel Engineering and Technical Consultancy Framework (0820), Lot 3 – Environmental Engineering (the “Framework”). The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 9D Page 175 of 217
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1. Background 1.1 The requirements within the Contract are currently under contract with RPS Consulting Services Limited. This contract is due to expire on 09 September 2022 with the Contract detailed within this report due to supersede this. 1.2 North Lanarkshire Council are responsible for four (4) closed landfill sites which require ongoing aftercare management. The sites are: • Auchinlea Landfill Site in accordance with a Pollution, Prevention and Control Permit PPC/A/1000113; • Dalmacoulter Closed Landfill Site in accordance with a Waste Management License (WML) WML/W/20069; • Hopepark Closed Landfill Site in accordance with a Waste Management License WML/W/00066 & WML/W/20159; and • Brownsburn/Target closed Landfill Sites in accordance with a Controlled Activities Regulation CAR/L/1091594-RN. 1.3 The Council operated Auchinlea Landfill site under Pollution Prevention and Control permit, (PPC), PPC/A/1000113 (as varied) dated 12 March 2008. Auchinlea Landfill site was permitted to accept non-hazardous, commercial, industrial and inert wastes. The site has now ceased accepting wastes. Capping and restoration of all phases has been completed. 1.4 The daily operation of Auchinlea Landfill site incorporates various operations including, but not limited to the following, namely: • Surface water management including on site treatment facility; • Leachate management; • Landfill gas management system including energy generation (subcontracted); • Landfill gas temporary flaring system including landfill gas balancing; • Infrastructure management and maintenance; and • Environmental monitoring. 1.5 The Council does not have personnel in attendance at the site and therefore the daily management of the site is provided externally. As a result of the Contract, RPS Consulting Services Limited shall be required to provide all services to maintain and ensure compliance with the site’s Pollution, Prevention and Control (PPC) permit including, but not limited to, advice, guidance and analytical knowledge in order to present recommendations to the nominated Council officers, who for the purposes of compliance with the PPC permit, shall have overall responsibility for the effective control of the site. Page 176 of 217
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1.6 For the Four (4) closed landfill sites the Council have responsibility for, RPS Consulting Services Limited shall provide a proficient management and consultancy service for these sites which requires excellent and concise communication between themselves and the representative(s) of the Pollution Prevention and Control Permit Operator / COTC competent person(s). 1.7 RPS Consulting Services Limited shall also be required to respond efficiently and effectively to any requirements the Scottish Environment Protection Agency (SEPA) request/instruct and that of any other external statutory agencies. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract and the identified procurement procedure dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Direct Award” from the Framework. The Contract award recommendation is made on the basis of the following instruction within the Framework: • “Previous performance of the Supplier on similar Work Orders instructed by the Purchaser, and • previous related work or services carried out by the Supplier.” Further details of the procurement procedure is provided in Appendix 1 and the SME status and location of the tenderer is located within Appendix 2. 2.4 In establishing this Contract, the Council will achieve continuity of service provision, with no impact or disruption to wider service delivery. 2.5 The value of the Contract shall not exceed Nine Hundred Thousand Pounds Sterling (£900,000.00) exclusive of VAT including all extension options available. 2.6 The costs associated with contract delivery will be contained within the revenue budgets for Waste Solutions. Price Savings / Increases 2.7 The prices submitted by RPS Consulting Services Limited are those agreed within the Framework. It is envisaged that the Council could achieve soft benefits given RPS Consulting Services Limited’s experience and knowledge of working across the Council’s landfill sites. Page 177 of 217
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Price Stability 2.8 Prices submitted by RPS Consulting Services Limited shall be firm for the duration of the Contract, including any optional extension years. Community Benefits 2.9.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement as per the terms of the Framework. This approach is designed to deliver local community benefits where possible. 2.9.2 Within their Tender, RPS Consulting Services Limited committed to deliver the following community benefits within the Contract: • Supply Chain and SME Engagement • Community Consultation • Education Support • Local Sponsorships 2.9.3 The community benefits delivered as part of the Contract does not include the creation of jobs or apprenticeships. Fair Work First 2.10 In their tender submission for appointment to the Framework, RPS Consulting Services Limited confirmed that they pay the Living Wage to all employees and are also an accredited Living Wage Employer. Contract Strategy 2.11 Officers from Regulatory Services and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Council’s agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes; 3.1 The appointment of a Consultant who can meet the Council’s requirements and has the experience and knowledge of working across the Council’s landfill sites that will deliver the minimum delivery targets within this Contract. 3.2 The contract award procedure is compliant with the procurement legislation, Scotland Excel Framework Terms & Conditions and internal procedures. 3.3 That best value is both demonstrable and achieved. Page 178 of 217
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3.4 That the Contract secures a range of community benefits. 4. Supporting documents Appendix 1 Summary of Procurement Process Appendix 2 SME Status and Location of All Tenderers Andrew McPherson Head of Head of Regulatory Services and Waste Solutions Page 179 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? All costs associated with the contract shall be met from within the existing revenue budget of Regulatory Services and Waste Solutions. 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Page 180 of 217
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5.4 Legal Impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Delivery of this contract will fulfil the statutory obligations on the Council relevant to the four closed landfill sites. 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ Page 181 of 217
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5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Remit of the consultants extends to the gas production from Auchinlea landfill and how best to maximise this. Also will be working on a more passive leachate and surface water management project for Auchinlea landfill which will see the leachate and surface water being treated onsite prior to being discharged into the water course. 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk Impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Low risk associated with this procurement. Page 182 of 217
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Appendix 1 – Summary of Procurement Process Response Procurement Procedure Utilised: Direct Award Governing Legislation / Regulations: Procurement (Scotland) Regulations 2016 Date Contract Strategy Approved: 06 July 2022 Number of Companies Invited to Take Part: 1 Tender Return Deadline: 21 July 2022 Number of Tenders Received: 1 Where Only One Tender Is Received, Why?: Direct Award Procurement Procedure Tenders Received from SME’s: 0 Tenders Received from NLC Based Tenderers: 0 Number of Recommended Tenderers: 1 Evaluation Team: Members of Regulatory Services and Waste Solutions Anticipated Contract Start Date: 12 September 2022 Total Contract Period (Months): 36 + 12 + 12 Maximum Total Contract Value: £900,000.00 Page 183 of 217
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Appendix 2 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) RPS Consulting Services Limited Large Oxfordshire Page 184 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref: NLC-CPT-21-081 AM/ TM Date: 24 August 2022 Contract Award for Treatment & Disposal of Residual Waste from Household Waste Recycling Centres (HWRCs) From Andrew McPherson, Head of Regulatory Services and Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary This report is to advise Committee of the decision taken in accordance with condition 21.3.2 of the Council’s General Contract Standing Orders (GCSO’s) where in the absence of Committee, the Executive Director approved the award for the Treatment & Disposal of Residual Waste from Household Waste Recycling Centres (HWRCs) (the ‘Contract’) on 14 March 2022 to Patersons of Greenoakhill Limited. Following successful conclusion of the required standstill period, the Contract was formally awarded on 31 March 2022. To enable appropriate service provision within the Contract, the Contract was split in to 2 separate lots, Lot 1 – North Area and Lot 2 – South Area with Patersons of Greenoakhill Limited being awarded both lots. The Contract is for an initial period of 36 Months and commenced on 01 April 2022 and will initially expire on 31 March 2025. The Council reserves the right to extend the Contract for 2 additional 12-month periods until 31 March 2027. The value of the Contract across both lots shall not exceed Eighteen Million Pounds Sterling (£18,000,000.00) exclusive of VAT. Recommendations It is recommended that Committee acknowledges the award of the Contract in accordance with GCSO 21.3.2 to Patersons of Greenoakhill Limited for both Lot 1 and 2 at the maximum value of Eighteen Million Pounds Sterling (£18,000,000.00) exclusive of VAT. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition Statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 10A Page 185 of 217
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1. Background 1.1 The requirements within the previous contract were under contract with Viridor Dunbar Waste Services Limited and Levenseat Limited. These contracts were due to expire on 31 March 2022. 1.2 North Lanarkshire Council are responsible for managing and disposing/recycling waste collected at the six Household Waste Recycling Centres (HWRCs) as detailed below: a. HWRC Wardpark Court, Cumbernauld, G67 3HF; b. HWRC Stobcross Street, Coatbridge, ML5 1BE; c. HWRC Ladyann Crescent, Airdrie, ML6 9RY; d. HWRC Reema Road, Bellshill, ML4 1RR; e. HWRC Foundry Road, Shotts, ML7 5DX; and f. HWRC Netherhall Road, Wishaw, ML2 0JG 1.3 Within the Contract, services required include (but are not limited to): Provision of facility for the receipt, segregation, treatment and disposal of HWRC residual waste, delivered by the Council, from the Council’s 6 licensed Household Waste Recycling Centres (“HWRC”). It is anticipated that circa 34,000 tonnes of HWRC residual waste is disposed of across these 6 HWRC’s annually. 1.4 To enable appropriate service provision within the Contract, the Contract was split into two separate lots, Lot 1 – North Area which comprises HWRC sites listed within 1.2a – d above, and Lot 2 – South Area which comprises HWRC sites listed within 1.2e – f above. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract and the identified procurement procedure (route to market) dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Mini Competition” from the Scotland Excel Dynamic Purchasing System (DPS) for the Treatment and Disposal of Recyclable and Residual Waste (27/17), Lot 21 – Treatment and Disposal of Residual Waste. 2.4 The Contract award recommendation is made on the basis of the tenderer who submitted the most economically advantageous tender for both lots. 2.5 The tenders submitted by Paterson’s of Greenoakhill Limited were evaluated as representing the most economically advantageous tender for this Contract for both lots. Page 186 of 217
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2.6 Appendix 1 confirms the scoring achieved by each tenderer, further details of the procurement procedure is provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. Cost, Budget and Associated Savings / Increases 2.7 The value of the Contract shall not exceed Eighteen Million Pounds Sterling (£18,000,000.00) exclusive of VAT including all extension options available. 2.8 The costs associated with contract delivery will be contained within the revenue budget for Waste Solutions. 2.9 A spend comparison against historic gate fee/price per tonne rates to those obtained by Patersons of Greenoakhill Limited for both lots of the Contract demonstrated a potential cashable increase of circa 6.91% in cost. The cashable increase figure detailed above is based on indictive quantities set against items within the procurement procedure as future demand cannot be guaranteed or predicted. However, the Contract may deliver soft/non-cashable savings due to the structure of the Contract being partially different from historic approaches. Accordingly, the two-lot approach with the Contract should minimise vehicle running times and hence reduces costs in fuel, manpower and overheads in turn creating a more efficient Contract. Price Stability 2.10 Prices shall be firm for the first 12 (twelve) months, until 31 March 2023. Subsequent to that initial period, there is provision within the Contract for Patersons of Greenoakhill Limited to request annual reviews however these will require to be no greater than the current National Retail Price Index & landfill tax. It will be at the sole discretion of the Council whether to accept or reject any pricing amendment proposed. Community Benefits 2.11.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.11.2 Within their Tender, Patersons of Greenoakhill Limited committed to deliver the following community benefits within the Contract where possible: • Engage with the Council to create employment opportunities for longer term job seekers (including training); • Create employment opportunities for people with disabilities; • Provide Modern Apprenticeship opportunities; • Accommodate schoolwork experience placements; and • Engage with the Council to identify mechanisms to support key groups back into the workplace 2.11.3 The community benefits delivered as part of the Contract potentially include the creation of jobs or apprenticeships. Fair Work First Page 187 of 217
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2.12 Within their tender submission, Patersons of Greenoakhill Limited advised that they have committed and / or will commit to the following areas of the Scottish Governments “Fair Work First” initiative: • Investment in workforce development. • No inappropriate use of zero hours contracts. • Action to tackle the gender pay gap and create a more diverse and inclusive. • Confirming within their tender submission that they are a Living Wage Employer and provide rates of pay to their staff above the minimum living wage requirement. • Offer flexible and family friendly working practices for all workers from day one of employment. • Oppose the use of fire and rehire practices. Contract Strategy 2.13 Officers from Regulatory Services and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Council’s agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes: 3.1 The appointment of a service provider who has the experience and capability to deliver an innovative, high quality and responsive waste disposal and recycling service that will deliver the minimum delivery targets within the Contract. 3.2 The contract award procedure is compliant with the procurement legislation and internal procedures. 3.3 That best value is both demonstrable and achieved. 3.4 That the Contract secures a range of community benefits. 3.5 That the Contract secured a number of “Fair Work First” initiatives. 3.6 That the Contract performance is proactively managed against a number of local Key Performance Indicators and national targets. 3.7 A collaborative approach to the procurement of the requirement, minimising the burden on internal resource and leveraging the economies of scale. 4. Supporting documents Appendix 1 Summary of Tender Evaluation Process Appendix 2 Summary of Procurement Process Appendix 3 SME Status and Location of All Tenderers Page 188 of 217
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Andrew McPherson Head of Head of Regulatory Services and Waste Solutions Page 189 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Council has a statutory obligation to provide HWRC’s for the collection of waste streams including residual wastes. This has been built into the residual waste budget for Waste Solutions. 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ 5.4 Legal Impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 190 of 217
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5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Contract has built in an element of diversion and recycling for the waste stream. This will have a positive impact on the Councils approach to reduce carbon emissions. 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ 5.9 Risk Impact Is there a risk impact? Yes ☐ No ☒ There are no significant risk implications arising from this report. Page 191 of 217
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Appendix 1 – Summary of Tender Evaluation Process Lot 1 – North Area Final Rank Tenderer Name Total Tender Score (%) Recommended for Contract Award (Y / N) 1 Paterson’s of Greenoakhill Limited 93.00% Yes 2 Dow Group Limited 87.44% No Lot 2 – South Area Final Rank Tenderer Name Total Tender Score (%) Recommended for Contract Award (Y / N) 1 Paterson’s of Greenoakhill Limited 93.00% Yes Page 192 of 217
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Appendix 2 – Summary of Procurement Process Response Lot 1 Lot 2 Procurement Procedure Utilised: Mini Competition DPS Owner Scotland Excel DPS Title Treatment and Disposal of Recyclable and Residual Waste DPS Reference Number 27/17 DPS Lot Reference Lot 21 – Treatment and Disposal of Residual Waste Governing Legislation / Regulations: Procurement (Scotland) Regulations 2016 Date Contract Strategy Approved: 16 September 2019 (Overarching Strategy for the Scotland Excel Treatment and Disposal of Recyclable and Residual Waste (27/17) Dynamic Purchasing System) Date ITT Documents Published: 21 January 2022 Number of Companies Invited to Take Part: 29 Tender Return Deadline: 07 February 2022 Number of Tenders Received: 2 1 Tenders Received from SME’s: 1 0 Tenders Received from NLC Based Tenderers: 2 1 Number of Non−compliant Tenders: 0 0 Number of Compliant Tenders: 2 1 Number of Recommended Tenderers: 1 1 Basis of Contract Award (Both Lots): Quality: 20% Price: 80% Evaluation Team: Officers from Waste Solutions Anticipated Contract Start Date: 01 April 2022 Total Contract Period (Months): 36 + 12 + 12 Maximum Total Contract Value: £18,000,000.00 Page 193 of 217
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Appendix 3 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Paterson’s of Greenoakhill Limited Large North Lanarkshire Dow Group Limited Medium North Lanarkshire Page 194 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref: NLC-CPT-21-066 Date: 24 August 2022 Contract Award for Design and Build of New Bellshill Waste and Fleet Depot From Andrew McPherson E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary This report is to advise Committee of the decision taken in accordance with condition 21.3.2 of the Council’s General Contract Standing Orders (GCSO’s) where in the absence of committee, the Chief Executive approved the award of a contract for Design and Build of New Bellshill Waste and Fleet Depot (the ‘Contract’) to Tilbury Douglas Construction Limited. The Contract was formally awarded on 15 June 2022 and is for a period of circa nine (9) months anticipated to commence on 1 August 2022. The value of the Contract is FIVE MILLION, THREE HUNDRED AND TWENTY THOUSAND, FOUR HUNDRED AND FORTY POUNDS, FIFTY PENCE Sterling (£5,320,440.50) exclusive of VAT. Recommendations It is recommended that Committee acknowledges the award of the Contract (in accordance with GCSO 21.3.2 ) to Tilbury Douglas Construction Limited at the value of FIVE MILLION, THREE HUNDRED AND TWENTY THOUSAND, FOUR HUNDRED AND FORTY POUNDS, FIFTY PENCE Sterling (£5,320,440.50) exclusive of VAT. This recommendation follows the completion of a procurement procedure, where the tender recommended for award has been evaluated as providing the most economically advantageous tender in terms of cost and quality for the Council. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition Statement (3) Maximise the use of our marketable land and assets through improved development in business and industrial infrastructure AGENDA ITEM 10B Page 195 of 217
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1. Background 1.1 An options appraisal exercise was undertaken by the Service Department that considered all aspects of the Councils ambition agenda. It concluded that the new build facility was the most viable and appropriate option aligning best with the Plan for North Lanarkshire and associated programmes of work including overall service delivery. 1.2 In line with the Council’s objectives and vision to ensure best value for service delivery, depot rationalisation was identified. Two main areas of service delivery will be accommodated within a new building, which is to be in the existing Transport Services Depot, Old Edinburgh Road, Bellshill ML4 3JG. 1.3 The current Fleet Depot building has been partially closed and deemed unsafe and following costing exercise it was found to be unviable to repair/refurbish the existing properties. 1.4 The design and construction of a new vehicle workshop consisting of a maintenance repair area, MOT facilities, VOSA lane, stores, office, welfare and toilet facilities will provide a new transport hub which is in keeping with the Council’s objectives and vision. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract dictated that the procurement procedure be undertaken in accordance with the Public Contracts (Scotland) Regulations 2015. An advert for the contract opportunity was published on the Public Contracts Scotland utilising the Quick Quote facility. 2.3 The procurement procedure was undertaken as a “Mini Competition” from the Crown Commercial Services Framework (CCS) framework agreement for Construction Works and Associated Services Lot 2.4 (Works £3m - £10m - Scotland). 2.4 The Contract award recommendation is made on the basis of the tenderer who submitted the most economically advantageous tender. 2.5 The tender submitted by Tilbury Douglas Construction Limited has been evaluated as representing the most economically advantageous tender for this Contract. 2.6 Appendix 1 confirms the scoring achieved by each tenderer, further details of the procurement procedure is provided in Appendix 2 and the SME status and location of all tenderers is located within Appendix 3. 2.7 The value of the Contract is FIVE MILLION, THREE HUNDRED AND TWENTY THOUSAND, FOUR HUNDRED AND FORTY POUNDS, FIFTY PENCE Sterling (£5,320,440.50) exclusive of VAT including any option to extend the Contract. 2.8 The costs associated with contract delivery will be contained within the capital budget for Enterprise & Communities, Regulatory Services and Waste Solutions. Price Savings / Increases Page 196 of 217
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2.9 There are no price savings / increases related to this Contract. Price Stability 2.10 This is a NEC4 contract which contains fixed price schedule of work items, allowing full transparency and detailed scrutiny to enable accurate monthly payment draw downs. Community Benefits 2.11.1 The Council is committed to maximising the delivery of community benefits. The procurement included a community benefit requirement, this approach is designed to deliver local community benefits where possible. 2.11.2 Within their tender, Tilbury Douglas Construction Limited committed to deliver the following community benefits within the Contract: Community Benefit Type Quantity Committed Recruitment for those removed from labour market • 3 work placements for those with at least 2 barriers to work • 2 Kickstart positions • 30 hours of training and coaching for those with multiple barriers to work Local SME involvement • 80% of build cost will be spent locally • 50% of subcontractor work will be with SMEs / social enterprises • Meet the buyer event Employment or training opportunities • 2 school pupil work experience placements • 2 modern apprenticeships • 2 employability skills workshops • 4 school talent taster session Educational benefits • 6 site visits for school pupils • 5 STEM based “construction in a box” talks to primary schools • Provision of 2 masterclasses • 2 FE construction skills lectures Engagement with community organisations • 2 construction related workshops • 2 employability skills workshops • 20 hours of mentoring • 10 hours to help with facilities Other • 30 hours of community clean up • 10 hours of local charity evet support 2.11.3 The community benefits delivered as part of the Contract includes the creation of apprenticeships. Fair Work First 2.12 Within their tender submission, Tilbury Douglas Construction Limited advised that they commit to the following the Scottish Governments “Fair Work First” initiative and commit to ensuring their staff and the staff of their partners and subcontractors are paid The Living Wage Contract Strategy Page 197 of 217
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2.13 Officers from external design consultants Faithful & Gould Limited, together with the Council’s Technical and Design Team (Asset and Procurement Solutions) will be responsible for managing the Contract which will be undertaken in accordance with the Councils agreed approach to contract and supplier management. 3. Measures of success The Contract will deliver the following outcomes; 3.1 Improve economic opportunities and outcomes; 3.2 Market and promote NLC as the place to live, learn, work, invest and visit; 3.3 Improve the Council’s resource base; and 3.4 Form part of the asset rationalisation strategy, continuing to build a workforce with the capability of delivering on our priorities and ambition. 4. Supporting documents Appendix 1 Summary of Tender Evaluation Process Appendix 2 Summary of Procurement Process Appendix 3 SME Status and Location of All Tenderers Andrew McPherson Head of Regulatory Services and Waste Solutions Page 198 of 217
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-scotland- duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Overall build of new facility sits within the budget allocated. However, due to the delivery of a new Eco Park facility on the same site the surrounding civil works may have to be changed to accommodate the new Eco Park. Discussions are to commence with Scottish Power over the coming weeks with potential to share costs associated with works to ensure that all costs remain within the overall budget. If additional capital budget is required Fleet Services will review its spend profile on other areas of the business in partnership with Financial Solutions. 5.4 Legal Impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ Page 199 of 217
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If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Centralised location of the Fleet and Waste service adjacent to the new Eco Park will deliver efficiencies in fuel consumption and as a consequence a reduced carbon footprint. 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk Impact Is there a risk impact? Yes ☒ No ☐ Page 200 of 217
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If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? A separate project risk register will be maintained as part of the overall build programme and monitored through appointed consultant Faithful + Gould Limited Page 201 of 217
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Appendix 1 – Summary of Tender Evaluation Process Final Rank Tenderer Name Total Tender Score (%) Recommended for Contract Award (Y / N) 1 Tilbury Douglas Construction Limited 91.20% Yes 2 ISG Limited 87.04% No 3 Heron Bros Limited 82.05% No 4 Henry Brothers Limited 78.64% No Page 202 of 217
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Appendix 2 – Summary of Procurement Process Response Procurement Procedure Utilised: “Mini Competition” utilising the Crown Commercial Services Framework (CCS) framework agreement for Construction Works and Associated Services Lot 2.4 (Works £3m - £10m - Scotland) Governing Legislation / Regulations: Public Contracts (Scotland) Regulations 2015 Date Contract Strategy Approved: 01 June 2022 Date Contract Notice Published: 24 December 2021 Number of Companies Invited to Take Part: 6 SME % of Expressions of Interest: 0% NLC Based % of Expressions of Interest: 0% Tender Return Deadline: 07 March 2022 Number of Tenders Received: 4 Tenders Received from SME’s: 0 Tenders Received from NLC Based Tenderers: 0 Number of Non−compliant Tenders: 0 Number of Compliant Tenders: 4 Number of Recommended Tenderers: 1 Basis of Contract Award: Quality: 30 Price: 70 Evaluation Team: Officers from the Council’s Technical and Design Team (Asset and Procurement Solutions) and consultants Faithful + Gould Limited Approval Obtained via GCSO 21.3.2: 14 June 2022 Contract Award Date: 15 June 2022 Anticipated Contract Start Date: 01 August 2022 Total Contract Period (Months): 9 Maximum Total Contract Value: £5,320,440.50 Page 203 of 217
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Appendix 3 – SME Status and location of all Tenderers Name of Tenderer Size of Tendering Organisation (Micro, Small, Medium or Large) Location (Local Authority / Council Area) Henry Brothers Limited Large Londonderry County Council Heron Bros. Limited Large Londonderry County Council ISG Limited Large City of London Tilbury Douglas Construction Limited Large City of London Page 204 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref: NLC-CPT-21-154 Date: 24 August 2022 Contract Award for the Provision of Licence, Support & Maintenance for Civica IT Solution 2022- 23 From Andrew McPherson, Head of Regulatory Services & Waste Solutions E-mail mcphersona@northlan.gov.uk Telephone 07939 280467 Executive Summary Committee is asked to acknowledge the award of a contract for Provision of Licence, Support & Maintenance for Civica IT Solution 2022- 23 (the ‘Contract’) to Civica UK Limited. The Contract was awarded via a Negotiated Tendering Procedure (NTP) in accordance with Condition 9 of the Council’s General Contract Standing Orders (GCSO) and is being reported to Committee accordingly. The Contract is for an initial period of 12 months, commenced on 01 April 2022. The Council reserves the right to extend the Contract for an additional period up to a maximum of a further 12 months. The value of the Contract shall not exceed one hundred and seven thousand nine hundred and ninety-six pounds and eighty-four pence, Pounds Sterling (£107,996.84) exclusive of VAT. Recommendations It is recommended that Committee acknowledges the award of the Contract to Civica UK Limited. at the maximum value of one hundred and seven thousand nine hundred and ninety-six pounds and eighty-four pence, Pounds Sterling (£107,996.84) exclusive of VAT in accordance with GCSO 9. The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition Statement (14) Ensure the highest standards of public protection AGENDA ITEM 10C Page 205 of 217
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1. Background 1.1 The requirements within the Contract were previously under contract with Civica UK Limited. This contract expired on 31 March 2022 with the Contract detailed within this report due to supersede it. 1.2 The Civica APP IT Solution is a line of business application used to support several functions including: • Environmental Health (Business Regulation) • Environmental Health (Pollution Control & Public Health) • Trading Standards • Built Environment (Private Housing Regulation) • Environmental Assets (Decriminalised Parking Enforcement) 1.3 For Protective Services, the IT Solution is the sole database used for recording, monitoring and reporting upon regulatory compliance and enforcement viz. statutory responsibilities and duties which fall to Protective Services on behalf of the Council, and which must be provided by law. 2. Report 2.1 A user intelligence group (the ‘UIG’) of technical and procurement representatives was formed to review technical specifications, discuss trading processes, market conditions and trends, ways to maximise community benefits and sustainability and to agree the procurement strategy that would deliver maximum benefit for the Council via the Contract. 2.2 The initial estimated value of the Contract dictated that the procurement procedure be undertaken in accordance with the Procurement (Scotland) Regulations 2016. 2.3 The procurement procedure was undertaken as a “Negotiated Tender Procedure” (NTP) in accordance with Regulation 6 of the Procurement (Scotland) Regulations 2016. Following advice from the Head of Asset and Procurement Solutions and the Head of Legal Democratic Solutions, the Head of Regulatory Services and Waste Solutions approved the progression of the NTP to directly award the Contract to Civica UK Limited on 04 March 2022. 2.4 The Contract was formally awarded on 08 March 2022 in accordance with the Council’s GCSOs. 2.5 The value of the Contract is fifty-three thousand nine hundred and ninety-eight and forty-two pence, Pounds Sterling (£53,998.42) exclusive of VAT including any option to extend the Contract. 2.6 The costs associated with contract delivery will be contained within the revenue budget for Protective Services within Regulatory Services and Waste Solutions. Price Savings / Increases 2.7 Previous annual licence, support and maintenance schedules had been kept to a static figure below £50,000 for the previous two financial years, through negotiations between the contractor and the Protective Services Manager. Page 206 of 217
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Price Stability 2.8 The increase in price for the annual licence, support and maintenance schedule is predicated upon inflation related industry costs. Community Benefits 2.9 The procurement did not include a community benefit requirement given the nature of services required and the procurement procedure adopted. Contract Strategy 2.10 Officers from Protective Services, Regulatory Services and Waste Solutions will be responsible for managing the Contract which will be undertaken in accordance with the Councils agreed approach to contract and supplier management. 3. Measures of success 3.1 The Contract will ensure that vital service capability is not lost whilst Protective Services await the digital sprint and long-term solutions and recommendations via the Digital NL works ongoing. It is imperative that we can continue to utilise a recording database for monitoring and reporting upon regulatory compliance and enforcement viz. statutory responsibilities and duties which fall to Protective Services on behalf of Council, and which must be provided by law. 4. Supporting documents None Andrew McPherson Head of Regulatory Services & Waste Solutions Page 207 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-scotland- duty-impact-assessments Yes ☐ No ☐ 5.2 Financial Impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Costs for the contract extension will be met from existing revenue budget allocations. 5.3 HR Policy Impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal Impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Page 208 of 217
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Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data Protection Impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital Impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon Impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications Impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Page 209 of 217
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5.9 Risk Impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 210 of 217
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North Lanarkshire Council Report Environment and Place Committee Does this report require to be approved? ☐ Yes ☒ No Ref CG/JMcK Date 24/08/22 Contracts awarded below Committee approval threshold From Head of Asset and Procurement Solutions E-mail gannonc@northlan.gov.uk Telephone Chris Gannon 01698 302172 1. Background 1.1 The Councils General Contract Standing Orders (the ‘GCSOs’) outline financial approval thresholds for contracts for goods, works and services. Contract awards above £500,000 for Supplies and Services and above £2,000,000 for Works require approval by the Committee. These contract awards are considered by the Committee on a case-by-case basis. 1.2 Where the value of a contract award is between £50,000 and £500,000 for Supplies and Services and between £500,000 and £2,000,000 for Works, GCSOs require that the Head of Asset and Procurement Solutions award these contracts on behalf of the appropriate Chief Officer. 1.3 The Head of Asset and Procurement Solutions is required to notify Committee on a regular basis of any such contracts awarded on behalf of Procuring Service Areas. Executive Summary This report notifies the Committee of the contracts awarded between 1 January 2022 to 30 June 2022. It sets out those contracts awarded with a value below the financial threshold requiring Committee approval. Recommendations The Environment and Place Committee are: • advised of the Contracts awarded below Committee approval threshold between 1 January 2022 to 30 June 2022 as per the process within the Council’s General Contract Standing Orders. The Plan for North Lanarkshire Priority Improve economic opportunities and outcomes Ambition statement (17) Ensure we keep our environment clean, safe, and attractive AGENDA ITEM 11 Page 211 of 217
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2. Report 2.1 The GCSOs require that contracts in excess of £500,000 for supplies and services and £2,000,000 for works are approved, on a case-by-case basis, by the Committee before award. 2.2 The GCSOs require that contracts with a value above £50,000 but less than £500,000 for Supplies and Services and above £500,000 but less than £2,000,000 for Works are awarded by the Head of Asset and Procurement Solutions on behalf of the appropriate Chief Officer. 2.3 The contracts awarded by the Head of Asset and Procurement Solutions that are under the £500,000 Committee financial approval threshold for Supplies and Services and £2,000,000 for Works in the period from 1 January 2022 to 30 June 2022 are detailed in Appendix 1. 3. Measures of success 3.1 Contracts support the delivery of Council and service priorities. 3.2 Appointment of contractors who have suitable experience and capability to deliver the required supplies, services or works. 3.3 Contracts awarded by the Council are compliant with GCSOs and procurement legislation. 3.4 The Council’s Contract Register is kept updated by services and management information is comprehensive and accurate. 3.5 Best Value is both demonstrable and achieved. 4. Supporting documentation 4.1 Appendix 1 - Summary of contracts awarded. James McKinstry Head of Asset and Procurement Solutions Page 212 of 217
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☒ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Where Financial impacts have been identified, they have been established and addressed in each specific Contract Strategy and incorporated into the project. The Council’s Procurement Strategy proposes methods of maximising the delivery of procurement benefits that could bring improved financial return to the Council and the areas wider economy. Certain benefits have a monetary value attached and these will be monitored on a project-by-project basis. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Where HR impacts have been identified, they have been established and addressed in each specific Contract Strategy and incorporated into the project. Contracts awarded by the Council are compliant with GCSOs and procurement legislation. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Where Legal impacts have been identified, they have been established and addressed in each specific Contract Strategy and incorporated into the project. Page 213 of 217
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Contracts awarded by the Council are compliant with GCSOs and procurement legislation. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☒ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☒ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Contracts for Fleet Management Solution and Civica Licensing listed have been assessed by the Enterprise Architecture Governance Group (EAGG) Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☒ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? Sustainable procurement is one of the key objectives of the Council’s Procurement Strategy and will have a positive impact, including, embedding sustainable procurement as business as usual and incorporating community benefits into the Councils contracts. Supporting local businesses and SMEs through closer working with colleagues in the Council’s Enterprise department and by making our processes more streamlined and accessible. Where Environmental/Carbon impacts have been identified, they have been established and addressed in each specific Contract Strategy and incorporated into the project. 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Page 214 of 217
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Where Risk impacts have been identified, they have been established and addressed in each specific Contract Strategy and incorporated into the project. Contract award procedures may be susceptible to legal challenge if they are not discharged in accordance with GCSO and procurement legislation. Page 215 of 217
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APPENDIX 1 – SUMMARY OF BELOW THRESHOLD CONTRACT AWARDS Contract Description Contract Award Date Contract Start Date Contract End Date Contract Extension Contract Value (inc extension) (£s) Pre- Procurement Estimate (£’s) Successful Tenderer Supplies Services Works No of Tenders Received Route* Auchinlea Surface Water Management Consultancy Services 19/01/2022 20/01/2022 31/03/2023 N/A £101,259.83 £150,000.00 RPS Consulting Services Ltd Services 1 DAF3* Fleet Management Solution 19/01/2022 01/04/2022 31/03/2025 31/03/2027 £217,750.00 £225,000.00 Freeway Fleets Systems Ltd Services 2 CO Professional Services - Flood Risk Management 2021-22 26/01/2022 31/01/2022 30/03/2023 N/A £447,872.73 £450,000.00 Atkins Limited Services 1 DAF3* Supply and Install of Electronic Programmable Signs 07/03/2022 15/03/202 31/03/2024 N/A £450,000.00 £450,000.00 Coeval Ltd Services 3 FMC3 Civica 2022-2023 Licence, Support & Maintenance Schedule 08/03/2022 01/04/2022 31/03/2023 N/A £53,998.42 £53,998.42 Civica UK Ltd Services 1 N** Tyres for Vehicle, Plant & Associated Services 21/04/2022 01/05/2022 31/10/2022 N/A £120,000.00 £120,000.00 McConechy Tyre Services Limited Supplies 1 DAF3* Professional Services – Post Tensioned Bridge Assessments 2021-22 24/05/2022 01/06/2022 31/12/2022 N/A £147,543.40 £150,000.00 Sweco UK Limited Services 1 DAF3* *Direct Awards from 3rd party collaborative frameworks to best value providers. **Contract award via the use of the Negotiated Tendering Procedure to incumbent provider to ensure continuity of service provision to allow a review and redesign of future requirements for these services. Key – Procurement Route CO - Contract Open Procedure CR - Contract Restricted Procedure FO - Framework Open Procedure Page 216 of 217
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FR - Framework Restricted Procedure FMCC - Mini Comp Council Framework FMC3 - Mini Comp 3rd Party Framework DAFC - Direct Award Council Framework DAF3 - Direct Award 3rd Party Framework DAH&SC - Direct Award Health & Social Care Related Services N - Negotiated Contract EXT - Extension to Contract/Framework Page 217 of 217