Non road mobile machinery

Angus Scott made this Freedom of Information request to Merton Borough Council

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Response to this request is long overdue. By law, under all circumstances, Merton Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Merton Borough Council,

freedom of information request

The Mayor of London has written to me stating:

« The GLA does not hold the number of NRMM identified as non-compliant by borough. Identification of non-compliant NRMM takes place during site audits. The audit process for NRMM is managed by Merton Council funded by the Mayor’s Air Quality Fund. For more information on the audit process please contact Merton Council. »

Please can you send me
1. information on the process laid out for Boroughs on when and how to audit compliance with requirements for Non road mobile machinery « NRMM »
2. The number of NRMM found to be non compliant with requirements by Borough for 2017, 2018, 2019 and 2020 separated in to subsections showing the reason for non-compliance ?
3. The total NRMM that was tested for the numbers in 2. to be ascertained, broken down in an identical format
4. the number of sites eligible for NRMM audit by Borough and the number actually audited by Borough for the same four years as in 2 above.
5. Information on the différent measures imposed by Borough for non-compliance showing the number of times each measure was imposed broken down as in 2. above.

Yours faithfully,

Angus Scott

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

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1. http://www.merton.gov.uk/foi

Andrew Gordon, Merton Borough Council

1 Attachment

Dear Angus

 

Further to your request for information of 1 February 20221, we have
determined that the finding and extraction of the requested information
will take over 18 hours and the request is therefore exempt under Section
12 of the FOI Act. 

To enable us to provide a response to you would it be possible for you to
refine part of the request? 

 

Please can you send me

1. information on the process laid out for Boroughs on when and how to
audit compliance with requirements for Non road mobile machinery « NRMM »

2. The number of NRMM found to be non-compliant with requirements by
Borough for 2017, 2018, 2019 and 2020 separated in to subsections showing
the reason for non-compliance ?

3. The total NRMM that was tested for the numbers in 2. to be ascertained,
broken down in an identical format

4. the number of sites eligible for NRMM audit by Borough and the number
actually audited by Borough for the same four years as in 2 above.

5. Information on the différent measures imposed by Borough for
non-compliance showing the number of times each measure was imposed broken
down as in 2. above.

 

Within this time period, we shall not be able to provide both of these
requests, can you specify whether the blue or yellow highlighted options
above are preferable?         

Please accept my apologies for not contacting you sooner but it was
originally anticipated that we would be able to find and extract all the
relevant data within 18 hours.

 

Kind regards

 

Andrew Gordon

Project Manager [Pan-London NRMM]

Regulatory Services Partnership

Civic Centre, London Road, Morden. SM4 5DX

020 8545 3036

 

[1]cid:image002.png@01D6B6B7.EA9DF860

 

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Dear Andrew Gordon,

I am afraid that the highlighting you mention has not come out on your reply. Please can you resend your reply perhaps separating out the options you are proposing? Maybe you can also specify the time you consider it will take to reply to each item of information I am requesting so that I may choose myself which information I request?

Yours sincerely,

Angus Scott

Andrew Gordon, Merton Borough Council

Angus

The two highlighted options were:

Requests 2 & 3 [relating to machines data]

Or request 4 [relating to sites data]

Other requested items are not as time-consuming, and shall not be problematic.

Please advise me of your preference.

Kind regards

Andrew Gordon
Project Manager [Pan-London NRMM]
Regulatory Services Partnership
Civic Centre, London Road, Morden. SM4 5DX
020 8545 3036

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Dear Merton Borough Council,

Please can you respond to Questions 2 and 3 out of the options you have given me, as well as the other questions you have said you will consider.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/n...

Yours faithfully,

Angus Scott

foi, Merton Borough Council

Thank you for your email message. We aim to respond to all requests under
the Freedom of Information Act 2000 and Environmental Information
Regulations 2004 within 20 working days. More information about the way we
deal with information requests is on our web site at
[1]www.merton.gov.uk/foi
 
Information Governance Team
London Borough of Merton.
020 8545 4634
 
 
 

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References

Visible links
1. http://www.merton.gov.uk/foi

Dear Andrew Gordon,

Please note that my last reply was not meant to be a request for an internal review but a response to your question in which I chose that you respond to QUestions 2 and 3 as well as other questions to which you have agreed to provide information.

Yours sincerely,

Angus Scott

Andrew Gordon, Merton Borough Council

I am on Annual Leave until my return Monday 26th April.

For NRMM queries please contact [email address]

 

 

 

 

Michael Cook, Merton Borough Council

1 Attachment

  • Attachment

    Internal review of Freedom of Information request Non road mobile machinery.txt

    2K Download View as HTML

Morning Andrew,

 

The requestor has come back to clarify the requests he would like
answered.

 

Sam can you let Andrew know the due date please (it was on hold)

 

Thanks

 

Mike

 

Michael Cook

Information Governance Officer

Information Governance Team

Merton Council

www.merton.gov.uk

 

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Andrew Gordon, Merton Borough Council

7 Attachments

Angus

 

[1][FOI #723236 email]

 

Thanks for the further clarification of your requirements, I have been
able to answer all items except Question 4 which you have now removed from
your initial request, within the 18 hour allowance.

 

Freedom of Information Act 2000 / Environmental Information Regulations
2004 Information request

We have now considered your information request as set out below. 

 

You asked:

 

Please can you send me

1. information on the process laid out for Boroughs on when and how to
audit compliance with requirements for Non road mobile machinery « NRMM »
2. The number of NRMM found to be non-compliant with requirements by
Borough for 2017, 2018, 2019 and 2020 separated in to subsections showing
the reason for non-compliance ?

3. The total NRMM that was tested for the numbers in 2. to be ascertained,
broken down in an identical format 4. the number of sites eligible for
NRMM audit by Borough and the number actually audited by Borough for the
same four years as in 2 above.

5. Information on the différent measures imposed by Borough for
non-compliance showing the number of times each measure was imposed broken
down as in 2. above.

 

Our response:

 

We have attached a number of documents relating to this FOI:

 

·         FOI 2017

·         FOI 2018

·         FOI 2019

·         FOI 2020

·         Practical Guidance v4

·         TLDR Guide to Auditing

 

 

1. Information on the process laid out for Boroughs on when and how to
audit compliance with requirements for Non road mobile machinery « NRMM »

 

All London boroughs are participants in the scheme. Of the 33 local
authorities, 32 make use of Merton NRMM project officers to undertake site
visits on their ground. Westminster City Council undertakes audits
internally using environmental health practitioners. We are not aware of
any details of the processes in use there.

 

The Merton project does not specify time periods between audits. Sites are
expected to be monitoring their plant in an ongoing fashion, and should be
ready for audit at any time. Physical audits are arranged by appointment
with the site manager. The auditing officer is escorted around the site
and shall investigate the emissions type approval number of all in-scope
engines encountered. This is done through inspection of the emissions
standard plate on the engine. Where any shortfall in the requirements is
identified, a recommendation is generated, and the site typically has 5
working days during which to rectify this. Guidance is given through this
process, and forward advice as to how to prevent such remedial actions
being required in the future.

 

Additional detail regarding the procedures in use is to be found in the
attached document: TLDR Guide to Auditing

This is an internal and informal document used for training incoming
project officers.

The actual process in use can be more flexible once officers are more
experienced, in order to better drive improved air quality and ongoing
working relationships with stakeholders.

 

 

2. The number of NRMM found to be non-compliant with requirements by
Borough for n{non-Compliant} & n{in-scope machines encountered}

 

For:

 

2017

2018

2019

2020

 

separated in to subsections

showing the reason for non-compliance ?

 

Four attached documents reflect these values and reasons, one for each of
the calendar years.

 

The project currently holds data for 2 compliance statuses for each
machine encountered. These are the status as found, and the status as
‘left’ once the site has had an opportunity to enact any recommendations
made.

Numbers given here are for machines as found at point of audit. Many of
these machines would subsequently and through contact with the project
officers, have been returned as compliant through proper registration
procedure, retrofitted with exhaust after-treatments, removed from site
and replaced, or exempted by the Greater London Authority for reasons of
viability, COVID-19 or other reasons.

 

The dates requested encompass the activity of 2 projects:

 

1.    South London NRMM Project running 2016-March 2019, comprising
partners:

 

a.    Bromley

b.    City of London

c.    Croydon

d.    Hammersmith and Fulham

e.    Hounslow

f.     Islington

g.    Royal Borough of Kensington and Chelsea

h.    Royal Borough of Kingston upon Thames

i.      Lambeth

j.      Lewisham

k.    Merton

l.      Richmond upon Thames

m.  Southwark

n.    Sutton

o.    Wandsworth

 

2.    Pan-London NRMM Project running April 2019 to March 2022, comprising
as partners all 32 London Boroughs plus City of London.

 

For the requested year 2019, which spans both projects, the data from the
two projects has been concatenated for convenience.

 

For this and in other years, there are slight differences in the way the
data was handled and treated. This reflects the learning experiences of
the project as it developed, and the movement toward the larger Pan-London
project once the regulatory processes had become more familiar to the
wider industry.

 

Of note, the ‘reasons for non-compliance’ as set out in the annual tables,
may be compound and additive. That is, where a machine or site is found to
be non-compliant, there may be 1, 2 or more reasons why this is so, and
all of these are recorded in the sub-totals.

 

The category ‘Passive Decline’ is held in the data against certain
machines, but relates to the status of sites, and not of constituent
machines per se.

This is due to the structure of the spreadsheets used. Information has
been presented as held.

 

 

 

3. The total NRMM that was tested for the numbers in 2. to be ascertained,
broken down in an identical format

 

See the annual documents as set out above.

 

 

4. The number of sites eligible for NRMM audit by Borough and the number
actually audited by Borough for the same four years as in 2 above.

 

The NRMM projects have not been designed or resourced to determine the
total number of construction sites active at any given time, on either a
borough-by-borough nor a London-wide basis. This value remains an unknown.

 

Since September 2020, all major and minor sites are eligible for NRMM
audits. From 2016 until this date, only major sites were eligible.
Construction on civil and infrastructural projects, as well as
streetworks, do not currently fall within the requirements of the NRMM
LEZ, however organisations may operate emissions control schemes of their
own, or invite project officers on site in order to demonstrate the
controls that have been voluntarily put in place.

 

 

5. Information on the different measures imposed by Borough for
non-compliance showing the number of times each measure was imposed broken
down as in 2. above.

 

The project does not undertake any enforcement action. The scheme operates
within the planning framework, such that any ensuing actions onto sites
are taken by the Local Planning Authority.

Within the LPAs of the Tri-borough, the following planning conditions are
applied onto major planning applications where appropriate, in order to
ensure compliance with the NRMM LEZ requirements.

 

Merton

All Non-road Mobile Machinery (NRMM) used during the course of the
development that is within the scope of the GLA ‘Control of Dust and
Emissions during Construction and Demolition’ Supplementary Planning
Guidance (SPG) dated July 2014, or any successor document, shall comply
with the emissions requirements therein.

 

London Borough of Richmond upon Thames 

All Non-road Mobile Machinery (NRMM) used during the course of the
development that is within the scope of the GLA ‘Control of Dust and
Emissions during Construction and Demolition’ Supplementary Planning
Guidance (SPG) dated July 2014, or any successor document, shall comply
with the emissions requirements therein.

 

Wandsworth

All Non Road Mobile Machinery (NRMM) of net power of 37kW and up to and
including 560kW used during the course of the demolition, site preparation
and construction phases of the development shall comply with the emission
standards set out in chapter 7 of the GLA’s supplementary planning
guidance ‘Control of Dust and Emissions During Construction and
Demolition’ dated July 2014 (SPG) or any subsequent guidance. All major
development sites in Greater London shall keep an inventory on site and on
the online register at: [2]https://nrmm.london/ of all NRMM between 37kW
and 560kW. All NRMM shall meet Stage IIIA of EU Directive 97/68/EC (as
amended) as a minimum within Greater London (Stage IIIB from 1st September
2020) and Stage IIIB of EU Directive 97/68/EC as a minimum within the
Central Activity Zone (Stage IV from 1st September 2020).

 

 

If you have any queries or concerns about this please contact us.

 

If you are dissatisfied with the handling of your request or wish to
appeal against the decision to exempt any part of your request, you should
request an Internal Review at [3][Merton Borough Council request email] or write in to Freedom
of Information team, Merton Council, Civic Centre, Morden, SM4 5DX.

 

If you escalate to the Information Commissioners Office (ICO) without
following the council’s internal review process, the ICO will refer you
back to the council to enable the correct process to be followed.

You can also appeal to the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.  Telephone:  0303 123 1113.  Website: [4]www.ico.org.uk

There is no charge for making an appeal.

 

Yours sincerely

 

Andrew Gordon

Project Manager [Pan-London NRMM]

Regulatory Services Partnership

Civic Centre, London Road, Morden. SM4 5DX

020 8545 3036

 

[5]cid:image002.png@01D6B6B7.EA9DF860

 

 

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1. mailto:[FOI #723236 email]
2. https://nrmm.london/
3. mailto:[Merton Borough Council request email]
4. http://www.ico.org.uk/