Agenda item

Consideration has been given to making the legal order for the Clean Air Zone, maintaining a local register of exempt vehicles, entering into agreements with the Joint Air Quality Unit and to establish a Joint Committee with Newcastle City Council to manage the Clean Air Zone.  

RESOLVED -

(i)

That the joint making with the Newcastle City Council of the Newcastle and Gateshead Clean Air Zone Charging Order 2022 (“the Charging Order”), substantially in the form as set out in appendix 2 to the report and the delegation of authority to the Strategic Director Economy, Innovation and Growth, following consultation with the Leader and the Cabinet Member for Environment and Transport, to agree any changes to the Charging Order on behalf of Gateshead Council (and to note that such changes would also need to be agreed by Newcastle City Council), be approved.

(ii)

That in accordance with the Council’s Constitution, the sealing and dating of the Charging Order incorporating any changes to the version provided at appendix 2 to the report, which are made as in accordance with (i) above, be approved and authorised.

(iii)

That authority be delegated to Newcastle City Council to determine the date that charging pursuant to the Charging Order shall commence and thereafter publish notice of such date following agreement with the Strategic Director Economy, Innovation and Growth of the date.

(iv)

That functions be delegated to Newcastle City Council to undertake enforcement of the Charging Order pursuant to The Road User Charging Schemes (Penalty Charges, Adjudication and Enforcement) (England) Regulations 2013 and all other enabling powers.

(v)

That it be approved Newcastle City Council shall maintain and administer the local register, which will identify non-chargeable vehicles for the purposes of Part 2 of Annex 2 and of Annex 4 of the Charging Order criteria for determining applications for entry onto such local register.

(vi)

That authority be delegated to Newcastle City Council to distribute the funding for grants for the Clean Air Zone in order to retrofit or upgrade potentially affected vehicles, in line with the Full Business Case and funding received.

(vii)

That authorisation be given for the entry into a joint working agreement with Newcastle City Council and delegated authority be given to the Strategic Director Economy, Innovation and Growth, following consultation with the Leader and Cabinet Member for Environment and Transport, to agree the terms and provisions of such agreement.

(viii)

That it be noted Newcastle City Council will enter into a Clean Air Zone Services Agreement with the Government and the entry into all necessary Data Sharing Agreements with the Government be authorised, with all such agreements to be on such terms as shall be agreed by the Strategic Director, Economy, Innovation and Growth, following consultation with the Leader and Cabinet Member for Environment and Transport.

(ix)

That the Council be recommended to agree to the establishment of an “Air Quality Joint Committee” with Newcastle City Council to exercise both executive and non-executive functions as set out in the terms of reference at appendix 3 to the report and it be noted that Full Council shall, with the agreement of Cabinet, make appointments to such Joint Committee.

(x)

That it be noted decisions are also being taken by Newcastle City Council where actions are being required to be taken jointly, in relation to the delegation of enforcement functions and in relation to the setting up of the Air Quality Joint Committee.

The above decisions have been made for the following reasons:

(A)

To put in place the legal and administrative decisions which are required to implement the Clean Air Zone.

(B)

Time is critical in delivering compliance with the legal air quality standards and therefore it is necessary to take steps relating to the introduction of the Clean Air Zone, in advance of receiving formal confirmation from the Government that the Full Business Case is approved.