Nature of Request
NLHPP contract
Case id
2025-254
Request
Date received
You requested:
- Details of Minutes for all Programme Committee pertaining to the NLHPP from 18th January 2024 onwards. The last minutes disclosed are from 5th December 2024. Could you confirm this was the last date the Committee met? If so, please provide detailed explanations as to how the board has been kept updated on the progress of the NLHP project, and provide all relevant minutes. If there have been no updates to the board on the progress of the NLHPP since 5th December 2024, please confirm that this is the case.
- Please provide me with a copy of the contract between the NLWA and Acciona, highlighting the relevant section you are referring to withhold information under Section 43(2) of the FOIA.
- Please provide me with the ARUP report blacking out any relevant sections to ensure the NLWA remains within its contract with Acciona.
- I reiterate my request for all correspondence between the NLWA and the 7 constituent councils regarding the delay in constructions and its implications for council budgets, waste management, and the decentralised heating networks. I am confident that this is non-commercial information and would like to see this correspondence in full and would like an explanation as to why it was withheld from my initial request. This is an issue of significant public interest related to council finances.
- I also requested all correspondence between NLWA leadership team and the NLWA board regarding the audit findings. I would like to see this correspondence in full, or with the relevant section blacked out to remain within contractual obligations. This is an issue of significant public interest related to good governance of a statutory institution.
Response
Response date
Further to our email acknowledging your information request (reference 2025-254) our response is as follows.
- Question 1: It is the Authority’s practice to bring regular updates and all major decisions relating to the NLHPP to full Authority meetings, which all members attend, deputations can be made and minutes published see - Our Meetings | NLWA.
- The Programme Committee is usually only convened when there are decisions requiring determination outside the normal cycle of full Authority meetings. The Programme Committee last met on 18 January 2024. According to the Authority’s Standing Orders the minutes are approved and signed at the next Committee meeting. As the Committee has not met since 18 January, the minutes of that meeting remain in draft form and have not yet been formally approved. However, in recognition of the public interest in the project, we are disclosing the draft minutes at this stage (please see the attached). Please note that these are subject to amendment and final approval by the Committee, after which the confirmed version will be published on our website.
- Question 2: in common with construction contracts of this kind, that between NLWA and Acciona prohibits the disclosure to any person of information in it which is confidential. Section 43(2) FOIA exempts information whose disclosure would, or would be likely to, prejudice the commercial interests of any legal person, and NLWA is satisfied that the contract falls within that exemption.
- Question 3: The contents of the Arup report fall within the S43(2) exemption noted above.
- Question 4: Information on the construction progress and costs of the North London Heat and Power Project have been provided to our borough councils through the formal public Authority meetings which are held regularly throughout the year. Papers for the Authority meetings are publicly available on the North London Waste Authority website.
- Question 5: Updates on the progress and costs of the NLHPP will continue to be provided to Authority Members and Borough councils through the formal public Authority meetings held regularly throughout the year. This will include the outcome of the usual dialogue between the client and the contractor, and publicly available reports will be published on the NLWA website.
- The contents of the Arup report fall within the S43(2) exemption as noted above, and this exemption also covers any correspondence which refers to it.
If you are dissatisfied with the handling of your request, you may ask for an internal review, which should be submitted within two months of when you received our response to either informationrequests@nlwa.gov.uk or enquiry form quoting the above reference.
If you are not content with the outcome of the review, you may complain to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or via their online portal. The Information Commissioner will not usually accept complaints before a review has been completed.
Website: https://ico.org.uk
Draft minutes Programme Committee 18 January 2024