Key Decision documents & compliance re LED street lights conversion
Agenda item 12 of the Environment Committee meeting of 14 March 2019 sought, and gained, the approval of a variation to the Street Lighting PFI contract involving the conversion of the borough’s street lighting stock to LED technology.
The agenda front page explicitly states that the decision is a ‘Key Decision’ as defined by The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. The agenda further makes clear that the decision is ‘public’ and not ‘urgent’.
Under the above circumstances, the above legislation dictates that:
“7.— (1) Subject to paragraph (2), a copy of the agenda and every report for a meeting must be made available for inspection by the public
(a) at the offices of the relevant local authority; and
(b) on the relevant local authority’s website, if it has one.
and
(3) Any document which is required by paragraph (1) to be available for inspection by the public must be available for such inspection for at least five clear days before the meeting”
The relevant documents in this case – as stated in the Agenda for this Key Decision - are as follows:
6. BACKGROUND PAPERS
6.1. Business Case for the LED Conversion Project
6.2 Authority Change Notice under the Street Lighting PFI Contract
6.3 Service Providers response to the Authority Change Notice
6.4 Service Providers Tender evaluation for the supply of the lanterns and CMS.
6.5 SEELS (SALIX Energy Efficiency Loans Scheme) Business Case and
Application
6.6 DPR 1330 Street Lighting PFI Contract – Energy Saving Measures – 16th
June 2011.
6.7 Initial Equalities Impact Assessment
As none of the above documents appears to be available to view on Barnet’s website:
1. Please can you confirm whether or not the requirements of The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 were fully complied with in respect of this Key Decision?
2. If the answer to the above question is no, then please can you confirm why legally binding protocols relating to transparency were not followed in respect of this Key Decision, and whether the decision is therefore unlawful as a result?
3. Please supply full and unredacted copies of all of the above supporting documents (note that there is no justification for any redaction as this agenda item was not held in private).
Thank you
Sasha Rodoy
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Dear Sasha Rodoy
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