Request ID: FOI-0520-2122 Date published: 01 July 2021
You asked
I'd like the questions to be addressed to the departments that are most equipped to answer them. Given that TFL has a responsibility to the Mayor's office and that Sadiq Khan is chair of the TFL I thought that the Mayor's office would be the appropriate place to seek answers.
In the interests of getting those answers I have copied in the TFL address that you sent me, I guess that together you should be able to compose a response.
Hi, three questions on the Silvertown Tunnel development:
Can you publish the environmental impact assessment that measures how this new road tunnel will help London achieve its targets for reducing carbon emissions and the city playing its part in limiting global warming to 1.5 degrees, compared to pre-industrial levels, as per the Paris conference in 2015?
As the road to the Silvertown Tunnel will filter off the A102 that already leads to the Blackwall crossing, that road is likely to become even more busy and, unlike today, full of the larger HGVs. What additional HGV traffic is expected in the area and has this been factored into the environmental audit?
What are the current estimated cancellation costs for the project? Broken by as much detail as possible please.
We answered
TfL Ref 0520-21/22
Thank you for your request received by Transport for London (TfL) on 11 June 2021 asking for information about the Silvertown Tunnel.
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm that we hold the information you require. You asked the following three questions on the Silvertown Tunnel development:
-Can you publish the environmental impact assessment that measures how this new road tunnel will help London achieve its targets for reducing carbon emissions and the city playing its part in limiting global warming to 1.5 degrees, compared to pre-industrial levels, as per the Paris conference in 2015?
-As the road to the Silvertown Tunnel will filter off the A102 that already leads to the Blackwall crossing, that road is likely to become even more busy and, unlike today, full of the larger HGVs. What additional HGV traffic is expected in the area and has this been factored into the environmental audit?
-What are the current estimated cancellation costs for the project? Broken by as much detail as possible please.
-The Environmental Impact Assessment for the Silvertown Tunnel is reported in the Environmental Statement for the scheme available on the National Infrastructure Planning website at the address below:
Please note that this reflects the relevant legal and policy context at the time of its production. Since then a number of other legal and policy changes have taken place, including the publication of the Mayor’s Transport Strategy, London Environment Strategy, and revisions to the London Plan. All of these changes, and the evidence on which they are based, take into account the Silvertown Tunnel proposals as appropriate, recognising this is a committed development.
The forecast impacts on traffic as a result of the Silvertown Tunnel scheme are reported in the Transport Assessment and other relevant documents available on the National Infrastructure Planning website at the address below. These are taken into account in the Environmental Impact Assessment referenced above.
-We do not expect any significant additional HGV traffic at the Silvertown / Blackwall tunnel as a result of the scheme. This is principally due to the user charge which we are proposing on both tunnels to control demand and ensure there is no incentive for traffic from outside of London to divert away from the Dartford Crossing to benefit from a ‘free’ crossing at Blackwall.
We have also developed comprehensive plans for monitoring and mitigating the effects of the scheme to ensure we deliver these expected outcomes.
-In line with standard commercial practice, the Silvertown Tunnel project agreement provides for compensation of costs incurred and loss of expected profits less payments received. These would be calculated in line with the provisions of the Project Agreement which is published on TfL’s website here: https://tfl.gov.uk/corporate/publications-and-reports/silvertown-tunnel-project-agreement
As this is a Design, Build, Finance and Maintain (DBFM) agreement, there would be compensation due and costs associated with cancellation of the loans put in place by Riverlinx to finance the construction, in line with normal practice for DBFM agreements. No fixed value can be placed on the compensation payable as it would depend on parameters such as the timing of the cancellation and magnitude of the claim (consisting of items such as finance fees, mobilisation, design, overheads, loss of profit and interest rate swaps).
The costs of cancelling the scheme would be significant, however, and would have to be funded from other project budgets due to the private finance currently funding the scheme.
In accordance with the FOI Act we are not obliged to supply the details we do hold on the estimate of the costs of cancelling the Silvertown Tunnel project as this is subject to a statutory exemption to the right of access to information under section 43(2). In this instance the section 43(2) exemption has been applied as disclosure wouldprejudice our commercial position with our contractor, Riverlinx. This is because any estimate of termination costs would require assumptions on a number of variables to be applied which could prejudice the outcome in the event the contractor was to become aware of such TfL assumptions.
The use of this exemption is subject to an assessment of the public interest in relation to the disclosure of the information concerned. We recognise the need for openness and transparency by public authorities but in this instance the public interest in ensuring that we are able to obtain the best value for public money outweighs the general public interest in increasing transparency of our processes.
If this is not the information you are looking for, or if you are unable to access it for any reason, please do not hesitate to contact me.
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
Yours sincerely
Sara Thomas FOI Case Management Team General Counsel Transport for London
