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On 19 January 2021, Cabinet:
(i) Noted that the launch date for the CAZ has been agreed as the 1st June 2021. This is a change from the original date of 1st January 2020 which could not be met initially due to the late delivery of the government’s vehicle compliance checker, and was followed by a further delay to the revised launch date set for summer 2020 as a result of the impacts of COVID-19;
(ii) Noted that the Council remains subject to a Ministerial Direction (the Environment Act 1995 (Birmingham City Council) Air Quality Direction 2019) which requires that it implements its plans so that compliance within the legal limit for Nitrogen Dioxide is achieved in the shortest possible time;
(iii) Noted that the Council continues to monitor air quality in the city and recorded improvements in Nitrogen Dioxide (NO2) levels throughout the course of 2020 and the legal limit for annual average NO2 levels remains at 40 µgm-3 (micrograms per cubic metre). Improvements in 2020 were largely because of significantly reduced traffic levels caused by the national restrictions imposed as a result of COVID-19. Whilst the reduction in NO2 levels for last year is positive, the improvements are not considered to be permanent and are expected to be reversed when traffic levels increase following the anticipated lifting of COVID-19 restrictions;
(iv) Noted that the majority of infrastructure works to support and enforce the CAZ are complete and testing of the IT enforcement solution and integration with the Clean Air Zone Central Service will commence in early 2021, subject to the necessary data sharing arrangements being in place;
(v) Noted that Cabinet previously approved the Charging Order and Indicative Net Allocation of Net Proceeds report in June 2019 which included estimated revenue forecasts based on the information available at the time. The income and expenditure (I&E) forecast has been updated to reflect the revised CAZ operational dates, assumptions regarding traffic volumes and compliance, and revised costs from JAQU for the use of the Clean Air Zone Central Service. It also includes projects which have been allocated CAZ funding, subject to sufficient net revenue being generated, following approval by Cabinet;
(vi) Noted that the fees to pay for the Council’s use of the Clean Air Zone Central Services provided by the Secretary of State for Transport, through JAQU, will be Page 4 of 18 recovered using a Statutory Instrument (SI) and that the basis and value of the fee has changed from the Council’s original FBC submission to JAQU, which equated to 5% of the Council’s revenue, to a transactional approach which levies a £2 fee per transaction and will incur charges equivalent to approximately 16% of CAZ revenue;
(vii) Noted that the I&E will continue to be updated as assumptions are refined and new data becomes available. This includes data from additional air quality monitoring stations, additional traffic counting equipment, and automatic number plate recognition and compliance information. A further report will be presented to Cabinet following the CAZ launch with an updated forecast which will seek to address the remaining uncertainties and confirm the ongoing reporting process;
(viii) Noted that the Council will be required to enter into agreements with the Secretary of State for Transport for the provision of the Clean Air Zone Central Services. These agreements are currently still being drafted by JAQU on behalf of the Secretary of State and will include a Data Sharing Agreement (DSA) and a Clean Air Zone Central Services Agreement (CAZ Agreement) which will detail the specification and provision of the Clean Air Zone Central Services by the Secretary of State to the Council. These documents are expected to be finalised by JAQU in the New Year and at present are insufficiently mature to present to Cabinet;
(ix) Delegated Authority to the Cabinet Member for Transport and Environment in consultation with the Director, Inclusive Growth, to finalise and enter in to a CAZ Agreement with the Secretary of State for Transport for the provision of the Clean Air Zone Central Services required to operate the CAZ;
(x) Delegated authority to the Cabinet Member for Transport and Environment in consultation with the Director, Inclusive Growth, to finalise and enter in to a Data Sharing Agreement with the Secretary of State for Transport for the purposes of testing, monitoring, operation and enforcement of the CAZ;
(xi) Authorised the City Solicitor (or their delegate) to negotiate, execute, seal, take any necessary action, and complete all necessary documents to give effect to the above recommendations.
THE DEADLINE FOR CALL IN IS 1600 HOURS ON
MONDAY 25 JANUARY 2021
“On Friday 22 January 2021 at 1036 hours, a request for call-in was submitted by Councillors Jon Hunt and Roger Harmer. No action on the decision can be taken until the request for call-in has been considered by the Sustainability and Transport O&S Committee within 15 days of the decision being posted.
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