DD2001 Isle of Dogs OAPF – contract extension

1 The GLA Planning unit is leading on the production of an Opportunity Area Planning Framework (OAPF) for the Isle of Dogs, working in partnership with the London Borough of Tower Hamlets. This covers the opportunity area identified in the London Plan and is a key strategic priority. The area faces significant immediate development pressures and therefore it is important that the OAPF is in place as soon as possible.

1.1 Fundamental to the OAPF is a development capacity study, which requires specialist graphics and desktop publishing skills to enable its delivery to a high quality standard.

1.2 A member of the GLA Planning Unit is leading in the production of this OAPF. They do not have the specialist skills required for this specific area of work and these skills are critical to the production of this key strategic planning document. Tower Hamlets do not have the specialist staff, and are unable to contribute resources to this piece of work given its Local Plan review.

1.3 Specialist consultancy services were employed through a competitive tendering process in August 2015 via Assistant Directors Decision (ADD) 339 to enable the production of the study. The strategic board, joint chaired by the Deputy Mayor and Mayor John Biggs, requested that a more detailed masterplan and design study was undertaken to better understand the three dimensional impacts of the initial Capacity Study. A pre-consultation exercise was also agreed on, involving the production of graphic material. Therefore, an extension to the existing contract is required to enable work to continue on the production of this OAPF

2.1 The objective of this project is to produce the Isle of Dogs OAPF consultation draft document in conjunction with Tower Hamlets Council by the autumn of 2016. The graphics and desktop publishing services are needed to commence immediately and will be funded by the GLA.

3.1 In arriving at the recommended decision to approve this proposed budget, equalities issues have been considered in line with the GLA’s duties under the Equalities Act 2010. It is unlikely that this project will have negative equalities impacts but identified equalities issues (both positive and negative) will be covered in the Integrated Impact Assessment that will accompany the project. This will ensure that at each point of the drafting and consultation process for the proposed document, equalities impacts are considered and actions decided upon to address any emerging issues. The project will also be subject to a review and this will also address equalities impacts.

3.2 Given the regeneration focus of the proposed project, identification of relevant equalities groups and potentially vulnerable locally affected populations will be undertaken at the outset of the project. Population data is available for this purpose such as indices of deprivation used to identify regeneration areas in the London Plan. A detailed public consultation strategy will also need to be drawn up in consultation with Tower Hamlets Council to ensure that any local hard to reach groups are engaged in the process to ensure that resulting document is appropriate and accessible to all and meets the needs of different Londoners.

a) Key risks and issues

4.1 If the financial support is not provided to this opportunity area, there is a risk that the OAPF will not be completed or will not be completed within the required timeframes. This would undermine the Mayor’s growth agenda set out in the London Plan 2015 (consolidated with alterations since 2011).

b) links to Mayoral strategic and priorities

4.2 The specialist development capacity, graphics and design consultant will assist in the production of the OAPF. OAPFs are supplementary to the London Plan and bring together the Mayoral priorities for housing, economic development, development, transport and the environment. Realising the development potential of Opportunity Areas is a Mayoral Priority, and OAPFs bring together strategic and local stakeholders to deliver an area-wide spatial planning framework in accordance with Government policy, as set out in the National Planning Policy Framework (NPPF).

c) Impact assessments and consultations

4.3 OAPFs are subject to public consultation, and equality and environmental assessments.

4.4 The need for this service is immediate

4.5 This project seeks to develop a consultation draft of the document. Should further support be required to produce a final draft, a further approval will be required in the future.

5.1 ADD339 approved expenditure of up to £25,000 on specialist graphics, desktop publishing and printing costs for the Isle of Dogs OAPF project. Approval is now being sought for an additional expenditure of £25,000. This will bring the total expenditure on the Isle of Dogs OAPF up to £50,000. This is to be funded from the 2016-17 Planning Pre-application reserves.

6.1 The sections above indicate that the decision requested of the mayor fall within his statutory power under section 30 of the Greater London Authority 1999 (as amended) (“the Act”), acting on behalf of the Authority, to do anything he considers will promote the improvement of the environment in Greater London; and in formulating the proposals in respect of which a decision is sought officers have complied with the Authority’s related statutory duties to:

(a) pay due regard to the principle that there should be equality of opportunity for all people;
(b) consider how the proposals will affect:
i. the health of persons in Greater London,
ii. the health inequalities between persons living in Greater London;
iii. the achievement of sustainable development in the United Kingdom; and
iv. climate change, and the consequences of climate change; and
(c) consult with appropriate bodies.

6.2 The Authority also has a subsidiary power pursuant to Section 34 of the Act. This gives the mayor the authority to do anything which is calculated to facilitate or, is conductive or incidental to the exercise of any of the statutory functions of the Authority. In this case this piece of work is incidental to its section 30 powers defined above as well as its powers under section 334 and 339 of the Act.

6.3 Section 334 of the Act requires the mayor to prepare and publish a spatial development strategy (known as the London Plan). Section 339 of the Act requires the Mayor to keep the London Plan under review, especially matters which may be expected to affect the development of Greater London or the planning of its development. In this case, the decision to extend the contract for specialist technical services to carry out this piece of work may reasonably be regarded as facilitating, being conductive or incidental to, the exercise of the Mayor’s power detailed above.

Conflict of interest

6.4 The fact that the production of this OAPF is partly funded by developer money raises issues regarding conflicts of interest. To ensure that these are appropriately managed each developer was has confirmed in writing that it will have no involvement or control over the production of the OPAF over or above that which they would normally have as an interested landowner. The OAPF will be produced by the Planning Unit, for adoption by the Mayor, quite independently from the developers. It will be drawn up in the context of the London Plan, and will be consistent with strategic guidance which that plan provides. When it comes to the stage of adoption, the decision will be made by the Mayor personally in the light of all the consultation responses and material considerations.

Provision of Discretionary Services

6.5 Section 93 of the Local Government Act 2003 (“the Act”) provides the Authority with the power to charge for discretionary services. Discretionary services are services that the Authority has the power, but is not obliged to provide. The power to charge is subject to a duty to secure that the income from charges does not exceed the cost of provision.

Procurement

6.6 Officers must ensure that appropriate documentation is put in place and executed by the consultant and the GLA formalising the extension of services before the commencement of the additional services.