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Standard Procedure AGENDA ITEM NO. 14 REPORT TO: Executive Board REPORT NO: HE/18/13 DATE: 10 December 2013 LEAD MEMBER: Councillor Bob Dutton OBE (Environment) CONTACT OFFICER: Darren Williams (Tel: 729629) (Network & Infrastructure Manager) SUBJECT: Funding of Community Footway Lighting WARD: Ceiriog Uchaf, Chirk Town, Glyn Traian, Llangollen Rural 1. PURPOSE OF THE REPORT 1.1 To present for consideration the introduction of a Special Expense on Council Tax on those Communities who currently do not fund the costs associated with the provision and maintenance of footway lighting in their areas. 2. EXECUTIVE SUMMARY 2.1 At present, the majority of Community Councils throughout the County Borough fund footway lighting through the Community Council precept, others have chosen to pay through a Special Expense on Council Tax and some is funded directly by Wrexham County Borough Council through its cash limited revenue resources. 2.2 In response to inequalities in the current funding mechanisms and budget pressures on the street lighting service, examination of the provision, management and funding of Community footway lighting has taken place. 2.3 This report deals specifically with those Community Councils who currently do not meet the cost of footway lighting in their respective areas. 3 RECOMMENDATIONS 3.1 Members recommend to Council the introduction of a Special Expense on Council Tax on those Community Councils who refuse to fund the provision of footway lighting through the Community Council Precept. REASONS FOR RECOMMENDATIONS (i) To promote equality in the way Community footway lighting is funded through the County Borough. 4. BACKGROUND INFORMATION Community Footway Lighting 4.1 At present, the majority of Community Councils throughout the County Borough fund footway lighting through the Community Council Precept, others have chosen to pay through a Special Expense on Council Tax and some is funded directly by Wrexham County Borough Council through its cash limited revenue resources. In response to inequalities in the current funding mechanisms and budget pressures on the street lighting service, examination of the provision, management and funding of community footway lighting has taken place. Community Footway Funding - Special Expense on Council Tax 4.2 Section 147 of the Local Government Act 1972 deems all expenses to be general unless the Council by resolution declares any expenses to be special expenses chargeable on specific areas within the County Borough. Section 35 of the Local Government Act 1992 defines ‘Special Expenses as those incurred by the billing Authority (ie Wrexham County Borough Council) in performing in part of its area a function performed elsewhere in its area by a Community Council. 4.3 At present the cost of footway lighting in the Communities of Ceiriog Uchaf, Glyn Traian, Llangollen Rural and Chirk is funded as part of the General Expense which is charged evenly across the County Borough’s Council Tax payers. As a matter of principle and to ensure a consistent and equitable approach to the funding of Community footway lighting, it is proposed that a Special Expense on Council Tax be levied on those Communities who continue to refuse to fund the provision of footway lighting. 4.4 To reflect changes in the costs associated with the provision of lighting, an exercise has been undertaken to re-calculate the unit cost of provision for 2013/14. A figure of £61.79 per unit has been calculated based upon the following elements:- - Asset inventory details - 2012/13 maintenance costs - 2013/14 forecast energy consumption costs. 4.5 The revised unit cost, together with the number of assets, determines the total amount payable by each Community Council. Included in Table 1, Appendix A are details of the Special Expense to be levied should the Communities of Ceiriog Uchaf, Glyn Traian, Llangollen Rural and Chirk refuse to fund the provision of footway lighting through the Community Council precept. 4.6 Although it is acknowledged that there is disparity between the numbers of owned lights within each Community, the proposal to introduce a Special Expense will promote an equality of funding that is proportionate to the number of footway lights owned and ensures all Community Councils contribute to the cost of providing footway lighting in their respective areas. 4.7 Policy Framework – Although there is no statutory duty placed on Highway Authorities to provide street/footway lighting, its provision contributes to a number of the Wrexham Council’s wider priority outcomes:- - PE3 People feel, and are, safe and secure - PE6 All vulnerable older people are safe, and have optimal health, independence and well-being. - PL 4 Well connected communities. 4.8 Budget –The impacts of an ageing stock of infrastructure and increases in energy costs continues to add pressure on already limited financial resources. It is only appropriate that where a Special Expense on Council Tax is levied, that the value of that Special Expense reflects the actual cost of operating and maintaining the asset. 4.9 Legal – Section 147 of the Local Government Act 1972 deems all expenses to be general unless the Council by resolution declares any expenses to be special expenses chargeable on specific areas within the County Borough. Section 35 of the Local Government Act 1992 defines ‘special expenses as those incurred by the billing Authority (ie Wrexham County Borough Council) in performing in part of its area a function performed elsewhere in its area by a Community Council. 4.10 Staffing –There are no staffing implications arising from the recommendations of this report. 4.11 Equality/Human Rights – No impacts have been identified resulting from an equalities impact assessment undertaken on the recommendations of this report. 4.12 Risks – Failure to agree the recommendations of this report will ensure there remains an inequality in the way Community footway lighting is funding and will increase the pressure on already limited WCBC revenue resources for the provision of this service. 5. CONSULTATION 5.1 A Community Council Consultation event was held in the Guildhall on Thursday 10th October 2013 where the opportunity was provided for Community Council representatives to discuss the proposals. Following this meeting, individual consultation letters were sent out to Community Councils in November 2013 seeking views on their preferred means of funding from the options available (ie Community Council Precept or Special Expense on Council Tax). A summary of the responses received are as follows:- Chirk Town Council (Response dated 17th October 2013) “Chirk Town Council will not fund the provision of footway lighting through the Community Council precept. The Council is aware that Wrexham County Borough Council will raise a Special Expense on Council Tax”. Ceiriog Uchaf Community Council (Response dated 17th October 2013) “The Community Council has decided to undertake responsibility for footway lighting and the cost funded through the Community Council precept”. Llangollen Rural (Response dated 6th November 2013) “The Community Councillors have been unable to make a decision on taking over community footway lighting”. Additional information sought form Wrexham County Borough Council to inform a future discussion. Glyn Traian (No Response To-Date) 6. EVALUATION OF OPTIONS – Considered in the body of the report. 7. SCRUTINY COMMITTEE COMMENTS 7.1 Several reports were presented to Scrutiny Committee Members on the provision and funding of Community Footway Lighting back in 2010. A report was submitted to Executive Board (CLDSO/137/10) where Members approved a new policy on the future funding of footway lighting. The proposals identified within this report are in line with the recommendations approved by Executive Board. BACKGROUND PAPERS LOCATION WEBSITE INFO. Executive Board http://www.internal.wrexham.gov.uk CLDSO/137/10 /MinutesData/ExBoard/Reports/clds o13710.pd Appendix A Table 1: Community Footway Lighting – Special Expense on Council Tax Existing Proposed Tax Community No. Of Current Revised Base Total Cost Total Cost Council Units Special Expense Special Expense 2013/14 Opted to pay via Community Ceiriog Uchaf 18 157 0 0 Council Precept Glyntraian 70 382 0 0 £11.32 £4,324.24 Llangollen Rural 225 859 0 0 £16.18 £13,898.62 Chirk 258 1666 0 0 £9.57 £15,943.62 ** Calculations based upon revised unit cost (£61.79) ** Special Expense = (No. of Units x Unit Cost) / Tax Base) .
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