Sheffield Council on the Climate and Nature Emergencies

Responses and non-responses to questions marking the 5th Anniversary of Sheffield Council declaring a Climate Emergency.

Below you will find the latest responses and refusals to respond from Sheffield City Council concerning the progress they are making to the Climate and Nature Emergencies. Many thanks to the officers who have worked hard on this.

In an officious email (reprinted below) the Council explained why they were unable to respond to all the questions.

“We do not intend to respond to the remaining 10. We are making recourse to Regulation 12(4)(b) of the EIR which a public authority can invoke to refuse requests which are manifestly unreasonable. There are two limbs to this exception. We don’t regard your request as vexatious. We do regard it as excessive because it exceeds the cost of compliance.

Our staff have expended a huge amount of time on the response to you. It far exceeds the 18 hours which constitutes the ‘appropriate limit’ under Section 12 of the Freedom of Information Act 2000, which the Information Commissioner regards as an appropriate rule of thumb for the processing of requests under the EIR. The Information Commissioner has noted: Gaining access to public information is your right and public bodies must respect that. However, requests do cost public bodies time and money to respond to. This is public money and we need to make sure it’s spent responsibly. The Regulation is designed to protect a public authority.”

This makes it sound as if I was asking particularly difficult questions in order to waste the Council’s time. The unanswered questions are not difficult. I have googled answers for some of them but these figures are probably out of date.

Here are the questions and the Council’s responses. I will be adding these to the full list which is here.

3avii. How many controlled parking zones will be introduced in 2024?

The Council will be introducing one area wide parking scheme (in Kelham and Neepsend), details of the scheme can be found here New parking zones | Sheffield City Council. This will be the only scheme to be implemented in 2024 that will be similar to the existing controlled parking zones around the edge of the City centre, including Highfield and Broomhall

3aviii. What percentage of Sheffield buses are currently low-emission? How much will this improve this year?

While the council is not the Transport Authority for Sheffield, we work with the South Yorkshire Mayoral Combined Authority (SYMCA) to deliver improvements to our public transport system, primarily journey time reliability and accessibility at bus stops. Bus operators are increasingly positive about bringing e-buses to Sheffield (topographical challenges). These are considerably more expensive than diesel buses currently but there is some government assistance with that through a fund called the ZEBRA which SYMCA can bid for. It had some success with a bid in ZEBRA1 and that will support a small number of e-buses to run the City Connect service, to start this year. SYMCA has also bid into ZEBRA2 – outcome to be announced later in the year. More information about the transition to ultra low carbon vehicles in public transport in Sheffield can be found on their website, or by contacting them directly. Beyond this, we have set out the actions that the council has committed to take to improve and increase the use of public transport between now and 2025 in The Way We Travel Routemap (p46)

Googling found this article in Now Then which is out of date but says 30% of Stagecoach buses now have the cleaner Euro VI diesel engines but it does not say what proportion of First buses have this technology. Retrofitted diesel buses have been struggling with Sheffield Hills but the new Connect service uses 4 electric buses.

3bii. Will the Council publish a climate change risk register in 2024? Sheffielders need to know about the increased risk of flooding and other extreme weather events to their homes and workplaces.

Plans for responding to extreme weather events, like other emergency situations are lead by the Emergency Planning Shared Service, which is a joint service between Rotherham and Sheffield. There is an extreme weather plan which the EPSS team put together based on the national plans and guidance.
The Service works with the emergency services and other responders to make sure Sheffield is fully prepared for every eventuality as part of the South Yorkshire Local Resilience Forum. They write plans on how the Council would response to emergencies and incidents.
The webpage contains details on how communities can prepare for emergencies including winter conditions and signing up to receive flood warnings.
As noted in a previous response, Service areas also have operational plans on how to respond if there is a heatwave and all services will be required to develop a service based climate adaptation risk assessment and action plan during 2024. The Council will consider how this is communicated to residents and businesses as this work develops.

A climate change risk register is not the same as Emergency Planning. It is a risk management tool, which can be used to improve the resilience of an organisation by making a database of its climate related risks. These risks provide the basis upon which you can identify actions required to adapt operational capability, thereby making your organisation more resilient.

3bix. Does the Council have plans to raise income for climate action from property development in 2024?

No answer. Friends of the Earth say “Money to fund climate action and nature restoration projects can be brought in via legal and planning mechanisms, such as Section 106 agreements or the Community Infrastructure Levy (CIL). Section 106 agreements are when a local authority approves a development, such as new homes, based on the requirement that the developer also funds other related projects. The CIL is a charge that can be levied on new developments, which can help local authorities to deliver other infrastructure needed in their area. Councils should be using the CIL to fund carbon-cutting projects like active travel infrastructure and new green space, but it’s worth noting that a replacement Infrastructure Levy has been proposed”

3bx. Will the Council launch a Climate Bond, Community Municipal Investment or equivalent as a way to raise funds for climate action in 2024?

No answer. But they did feature in the Green Party Budget amendment

On Feb 7th 2024 the Council passed this motion which includes (v) ask the Strategy and Resources Policy Committee to consider adding to its work programme as a matter of urgency, investigation of the practicalities of issuing Green Bonds to raise extra funding to support climate action;

3bxi. Will the Council support the divestment of the council’s pension investments from fossil fuel companies in 2024?

No answer. But googling reveals that the aim is to divest by 2030. This is far too late.

3cii. Will the council ban the use of pesticides on all Council-owned and managed land.

No answer. The Council has committed to gradually reduce its use of Glyphosate but is making slow progress.

3ciii. Will the council ensure at least two-thirds of the wildlife sites in the city boundary are in positive conservation management.

No answer. Googling found “Through the actions of the Local Wildlife Sites Partnership the total number of Local Sites currently in positive management will be 144 or 45.1% (all LWS) in 2018. This is an increase of 4 (1.2%) on the position at year end of 2016/2017.

3dii. Will the Council lobby the Government to enable more climate action in 2024?

No answer. Surely if the Council believes we are in a Climate and Nature Emergency and hasn’t got the resources that it requires to get to Net Zero, a lobby of the Government would be the first thing to do?

3evi. Is the council actively enforcing Minimum Energy Efficiency Standards of homes in the private rented sector? How many compliance or enforcement notices were carried out the last financial year 2022/23. Will this improve in 23/24?

Trading Standards have no current active enforcement activity in this area and nil compliance enforcement notices were issued during 2022/23. Our service is intelligence led so individual complaints falling within this remit would receive a response and investigation where applicable. There is a program of work scheduled for 23/24 relating to Tenants Fees Act legislation which may highlight some circumstances of non-compliant MEES in private rented properties. However, resource restrictions mean we are unable to commit to a proactive program of checking all EPCs relating to private rented properties. It is, therefore, unlikely that the current position will change/improve during 23/24.

3fi. Will the council commit to building all future council-owned or managed housing to a high energy efficiency or operationally net-zero standard in 2024?

In the developing Local Plan, due to be adopted in 2024, developments that result in new dwellings or new non-residential buildings will be expected to reduce their regulated carbon emissions by at least 75% from 1 January 2025 and be net zero carbon (in terms of both operational carbon and embodied carbon) from 1 January 2030. In order to achieve this, developments should:
a) adopt a ‘fabric first’ approach, achieving minimised energy demand through the use of efficient services and low carbon heating before maximising potential for onsite renewables; and
b) generate renewable energy and/or provide low carbon heating in accordance with Policies ES2 or ES3; and
c) reuse existing buildings wherever possible; and
d) use sustainable and/or recycled materials wherever possible; and
e) create and restore habitats that absorb carbon, such as wetlands and woodlands wherever possible and in accordance with Policies GS5-GS7 ; and
f) improve soil management to enable better storage of carbon within soils wherever possible

2030 is far too late. We should be doing this now.

3fii. A fabric-first approach to building design involves prioritising the building envelope (walls, roofs, floors, windows, and doors) to create a high-performance, energy-efficient building. Will the Council require developers to use a fabric-first approach in new developments in 2024?

We submitted our Draft Sheffield Plan to central government in September 2023 and are currently awaiting it’s independent examination by the Planning Inspectorate. Once approved and adopted, the following Policies relating to your queries will apply: ES1, ES2, ES3, ES4 & CO2. The Policies will require developments to adopt a fabric first approach, but do not set requirements of whole lifecycle carbon assessments, remove minimum parking requirements or set percentages for renewable energy generation. It is highly unlikely that the examination into the Draft Sheffield Plan will have completed by the end of 2024, so the currently adopted policies in the Core Strategy (CS63, CS64, CS65) will still apply.

My translation, yes when the Sheffield Plan is agreed by the Planning Inspectorate. !

3fiii. Will the Council require developers to carry out a whole life cycle carbon assessment of new build developments in 2024?

My translation, no.

3fiv. Will the Council remove minimum parking requirements for new residential homes in 2024?

My translation, no.

3fv. Will the Council require 20%, or above, onsite renewable energy generation for new building development in 2024?

My translation, no.

3gi. How will the Council reduce use of single-use plastics in 2024? Will it
*install water drinking fountains on the council estate/public spaces
*ban plastic cups for water
*reduce plastic packaging
*reduce the use of plastic cutlery (forks, knives, spoons, chopsticks), plates, straws, beverage stirrers, balloon sticks or food and cup containers made of expanded polystyrene; including their covers and lids at their external events.

Council procurement practise must align with national leislation. With single use plastics ban from 1 October 2023, council vendors must no longer supply, sell or offer certain single-use plastic and polystyrene items in England, including single use plastic cutlery and plastic balloon sticks; expanded and extruded polystyrene food and drinks containers and cups; and single use plastic plates, bowls, and trays (subject to restrictions). At the time of the implementation, Business Sheffield sought to make Sheffield businesses aware of the changes with email bulletins being sent to its mailing lists and signposting businesses to government information, and by reposting social media posts from DEFRA about the ban.

3gii. Will the council reduce single-use plastic at external events on council land, property or public spaces such as roads and parks in 2024?

Our 2024 trader terms and conditions for Parks and City Centre events states that
‘Exhibitors and Caterers must manage their business in a sustainable and environmentally friendly manner and must abide by the Single Use Plastics Ban introduced in October 2023’ –

For example –

Organisers of the 2 road races continually looking at their water suppliers with a view to reduce / remove plastic at their events. In the interim waste is collected, and split it in to two categories’, general waste and dry mix recycling (DMR) and ensure that all that can be recycled is channelled through DMR.

For Fringe, we have swapped to paper cups and also reduced the amount of cups we give out and encouraged people to bring their own reusable cups and vessels to decant into via marketing.

3giii. Will the council take steps to support a circular economy locally in 2024? Will it provide funding or space for a repair cafe? Will it provide funding or space for exchange shops?

The council does not current have any budget for providing a reuse café nor do we have any space to make available. While we are not aware of any current funding stream available for this, we continue to monitor for future oppurtunities. We are currently considering feasibiloty of a Household Waste Recycling Centre supersite, which may include a reuse shop, however it is unlikely this would be delivered in the next few years due to uncertainty around land availability and funding.

A re-use shop is a great idea. Ideally all recycling sites should have one but I appreciate space is limited at current sites. The Council could do more to promote existing repair cafes such as Reyt Repair and Harland Works on its website and communications.

3giv. How will SCC work with food groups in 2024 to increase our food production and make Sheffield more resilient to the problems global heating is bringing?

The ‘Fairer, Healthier, Greener’ Food Strategy for Sheffield focuses on the council’s key priorities around addressing the climate emergency, better health and reducing inequalities. Amongst others, we have committed to use our influence to create environments where healthier and more sustainable food choices are possible, easy, affordable, culturally appropriate and abundant; and to safeguard our food system by ensuring it produces nutritious food, restores nature, reduces greenhouse gas emissions and is resilient to effects of climate change and other global shocks. The strategy outlines a number of priority actions we intend to take in order to meet those commitments. In relation to carbon emissions, these can be found on pages 18 to 19. A public consultation will occur which will aim to gather and understand the publics views on the areas of priority for The Council in relation to Food (Access, Security, Sustainability, and Policy). One subject that will be explored in this consultation is reducing meat consumption and increasing the availability of plant-based food provision. I realise that this can be a contentious subject, which is why we must gather and understand public views, as well as inform.”

This all sounds good, but I want to know what the Council is actually going to do, rather than their good intentions.

3gv. Can the council support initiatives to redistribute surplus food in 2024? Can it support an organisation that redistributes surplus food within the area through funding, staff or other ways (such as being listed as a partner of the project).

It is very good to hear that reducing meat consupmption will be explored in the consultation but the question was about redistributing surplus food and hasn’t been answered. In the Food Strategy it does say the Council will “Consider how we can work strategically with community initiatives that seek to minimise the negative impact of the food system on the environment, for example by redistributing food surpluses or by growing food for local use in order to maximise the positive outcomes.” It was written in 2022 so the Council should have had time to “consider”.

3gvi. We appreciate that kerbside food recycling has been investigated but found to be too expensive due to the Veolia contract. How will the Council improve the promotion of home composting and wormeries in 2024?

No answer. But there is some news from Now Then here.

3gvii. Sheffield’s recycling rate in 22/23 was 28% plus a further 5% composting. How will SCC improve these figures in 2024?

No answer. But we should be working towards becoming a Zero Waste City.

3gviii. Sheffield needs to reduce the amount of waste it produces. What is the annual residual waste in kg per household in the area? What measures will SCC take to encourage waste reduction in 2024?

No answer. But I googled to find this. For 2022/3 it was 470.7. Sheffield does not do too badly compared with other cities and is slightly better than average.

Here is the Council email in full.

Dear Graham Wroe

We advised you on 23 February 2024 that we are treating your requests for information about the council’s climate change action plan under the Environmental Information Regulations 2004 (EIR). Although our deadline is 19 March 2024 (extended under Regulation 7(1) because of its complexity and volume) your latest email of 3 March 2024 repeating questions you are expecting an answer for in public questions at the Council Meeting of 6 March 2024 has necessitated a quicker response.

In the first instance, we’d like to recap what you asked and what we have answered. On 23 January 2024 you submitted a request with 94 questions in a nine-page document about the Council’s response to the Climate Emergency. We regard this as a request for recorded information under the EIR, even though you have emailed FOI@sheffield.gov.uk on previous occasions. In our spreadsheet tracking our responses your questions fall into 65 rows of a spreadsheet.

Please regard our reply of 6 February 2024 as a response to 37 of the areas you have covered. At the Council meeting of 7 February 2024, we addressed a further five. We are attaching the entirety of our response to this email, including responses to a further 13. That includes the questions of Sunday night 3 March 2024, which you want answered as public questions. All these responses should be taken to be formally within the ambit of this EIR response. We do not intend to respond to the remaining 10.

We are making recourse to Regulation 12(4)(b) of the EIR which a public authority can invoke to refuse requests which are manifestly unreasonable. There are two limbs to this exception. We don’t regard your request as vexatious. We do regard it as excessive because it exceeds the cost of compliance.

We have erred by not refusing this request at the outset on these grounds. We did on 30 January 2024 invite you to narrow the focus of your request thereby choosing those areas of priority. We began in good faith. But we have to draw a line under our efforts now. We do not have infinite resources. There is a finite number of staff who can answer these questions. The same staff are those executing the plans around the climate emergency. We consider that a more than fair expenditure of resources given the huge amount of staff time taken.

The regulation is subject to the public interest test, namely that even after an exception is engaged, we can only refuse a request if the public interest in maintaining the exception outweighs the public interest in disclosing the information.

The public interest in maintaining this exception lies in protecting the Council from exposure to the disproportionate burden of handling your multifaceted request. It is straining our resources and getting in the way of delivering our core service.

There will always be some public interest in disclosure to promote transparency and accountability of the Council’s efforts around the climate emergency, greater public awareness and understanding of environmental matters, a free exchange of views, and more effective public participation in environmental decision making, all of which ultimately contribute to a better environment.

Regulation 12(2) states that we “shall apply a presumption in favour of disclosure” when considering the exceptions. We estimate we have provided 85% of a response. Our committee work programme will address the action around the climate emergency in its cycle of meetings. On balance, we conclude that the balance of the public interest lies in withholding the information from you.

Regulation 9 requires us to provide you with advice and assistance to narrow your request to come within the cost guidelines. We hope you will understand that a further request from you would be unfair in the circumstances given our labours to date. We ask that you accept our efforts and follow the work programme of the Transport, Regeneration and Climate Policy Committee where Council efforts will be reported.

If you have any queries about this response, please do not hesitate to contact us.

The information provided in this response is available for re-use under the terms of the Open Government Licence v3.0. The terms of the OGL can be found here. When re-using the information, Sheffield City Council requires you to include the following attribution statement: “Contains public sector information obtained from Sheffield City Council and licensed under the Open Government Licence v3.0.”

If you are unhappy with the response you have received in relation to your request, you are entitled to have this reviewed. You can ask for an internal review by replying to this email. Internal review requests should be submitted within 40 working days from the date of this response.

If you remain dissatisfied with the outcome of your internal review, you can contact the Information Commissioner’s Office. Please see https://ico.org.uk/make-a-complaint/official-information-concerns-report/official-information-concern for further details.

Kind Regards,

Sheffield City Council

PO Box 1283

Sheffield, S1 1UJ

Email: FOI@sheffield.gov.uk

It is clear we need to continue presurising the Council to Act on the Climate and Nature Emergencies. Like the Government, they continue to fail to act as if we are in an emergency. They don’t get it! Please use the content of this post to lobby your Councillors and influence your vote in the May elections.

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