The Mayor of London, Ken Livingstone, is appealing the decision of the High Court Judge yesterday, to allow West London Waste Authority (WLWA) to tender for a waste contract to incinerate West London’s waste.
The issue arose when the Mayor issued two directions to West London Waste Authority to require it to properly consider the Greater London municipal waste management strategy, and ensure that when it tenders for a new waste contract it chose the most energy efficient ways of dealing with the waste and not simply incinerating it, thereby contributing to climate change.
West London Waste Authority went to the High Court for a Judicial Review of the Mayor’s directions and yesterday was successful in having the directions quashed. Subsequently, the Mayor applied for an order suspending the decision to quash the directions until an appeal can be heard.
Mayor of London - Ken Livingstone
The Mayor considers that London has a strong regional policy supporting recycling and that the High Court decision means that the amount of London's rubbish sent to incineration will go up from around 20 per cent to 36 per cent. London currently incinerates 767000 tonnes according to the Mayor and the figure of 36 per cent includes additional incineration capacity of 745 000 tonnes through Belvedere and Colnbrook Incinerators.
The quashing of the directions was important to WLWA as it is committed to an energy from waste solution for its future strategy in managing its area’s wastes. Failure could have meant long delays and the possibility of fines under the LATS regime.
London Waste Authority
The Mayor considers that London needs a single regional body, accountable to the Mayor, responsible for waste disposal that ‘can deliver strategically, quickly and effectively’. He does not proposed that this London Waste Authority should control waste collection or street cleansing functions as these would be best left at Borough level.
Despite debate and pressure in the Houses of Parliament during the passage of the Greater London Authority Bill, Mr Livingstone's view has not so far prevailed and the Government has been successful in maintaining the stance that a new London Authority is unnecessary and would be expensive.
Mr Livingstone said:
“In rejecting the case for a Single Waste Disposal Authority for London, the Government has consistently argued that my current waste powers are meaningful and sufficient, but this case demonstrates yet again that they need to be strengthened. Furthermore, this decision will have a direct implication for the Secretary of State's waste powers in relation to London's waste.
“This decision yet again reinforces the need for a Single Waste Disposal Authority in London. This would ensure waste is strategically co-ordinated and disposed of. With a Single Waste Disposal Authority we would put more emphasis on recycling and new technologies that would capture heat and produce biofuels and hydrogen from London’s rubbish in order to tackle climate change.
"We should be working together to manage London’s waste and would avoid these lengthy and costly legal proceedings.”
The GLA Bill was published on 28 November 2006 and completed its Second Reading in the House of Lords on 28 March - it will be considered in Grand Committee from 26th April.
The Mayor feels that the judgment effectively says that quick fix solutions will be made at the expense of the longer-term needs of the environment.
“This implies that West London Waste Authority has every right to burn its waste and contribute to climate change, regardless of the long term costs to London. If it stands, it sends exactly the wrong negative signal to other waste authorities in the capital”, he said.