Cabinet Member for Highways and Infrastructure Ref No: HI27 (17/18) February 2018 Key Decision: Yes
Arun and Chichester Agency Agreements for Parking Part I Services
Report by Executive Director of Economy, Electoral Infrastructure and Environment and Director of Divisions: Highways and Transport All in Chichester and Arun Districts
Summary
A review of the current Agency Agreements with Arun and Chichester District Councils for the provision of parking services has taken place. The existing Agreements will both expire at the end of March 2018. The County Council will enter into a new (separate) agency Agreement with Arun District Council and Chichester District Council for the procurement, management and operation of Civil Parking Enforcement (CPE), and operational management of the Bognor Regis and Chichester Controlled Parking Zones (CPZ).
Recommendation
That the Cabinet Member for Highways and Infrastructure authorises the Executive Director of Economy, Infrastructure and Environment to enter into an Agreement with Arun District Council and Chichester District Council for the procurement, management and operation of CPE in Arun and Chichester Districts and operational management of the Bognor Regis and Chichester CPZs, under the provisions of the Local Government Act 1972 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000/2851.
Proposal
1. Background and Context
1.1 West Sussex County Council, in its capacity as highway authority, is responsible for managing all aspects of on-street parking. The County Council has the ability to delegate responsibility for some functions of both on and off street parking management to a Borough or District Council through the use of an Agency Agreement.
1.2 The County Council entered into an Agency Agreement with Arun District Council in July 2010 and Chichester District Council in March 2010. The Agreements, in summary, are for the discharge of the on- street enforcement service, provision of an on-street parking management service in Bognor Regis and Chichester, and management of any local off-street parking assets in the Districts of Arun and Chichester.
1.3 Arrangements under the Agreements have run very successfully, have been extended to their full extent (from 2014), and both are now due to expire on 31 March 2018.
1.4 Approval is being sought from the Cabinet Member for Highways and Infrastructure for the County Council to negotiate and enter into an Agency Agreement with Arun District Council and Chichester District Council. The Agreement will delegate authority for the procurement, management and operation of Civil Parking Enforcement (CPE) and operational management of the Bognor Regis and Chichester Controlled Parking Zones (CPZ), together with management of any local County Council off-street parking assets in the Districts of Arun and Chichester.
1.5 The new agency Agreements will be broadly similar to the current Agreements, although updated to reflect changes to the legislative framework, and current best practice and the new agency Agreements are being drafted and finalised with support from Legal Services. The present division of responsibility for on and off-street management will remain unaltered.
2. Proposal
2.1 It is proposed to enter into an Agency Agreement in each District for an initial period of five years with a facility to extend for a further four years (to a maximum contract period of nine years) by mutual agreement between the parties.
3. Resources
3.1 The new Agency arrangements will not have any significant resource implications since the provisions will be broadly similar to those already in place. The annual costs have been reviewed over the last twelve months and set at £178,000 per annum for Arun and £195,000 per annum for Chichester. The service will be contained within existing budgets and so no budgetary pressures are expected to follow from these proposals. It should be noted that for 2017/18 an additional surplus of up to £0.4m is projected within the countywide parking revenue account.
3.2 In addition, the contracts will be under continuous review as the agreements mature, in order to ensure that every opportunity is taken to reduce costs, and improve the efficiency of the service. Areas for future consideration will certainly include the use of virtual parking permits and cashless parking payments.
3.2 Whilst not directly related to the Agency Agreements themselves, it is worth noting that income and expenditure for on-street parking is required by law to be contained within the County Council’s On-Street Parking Account. This account must be self-contained and held separately from the County Council’s other accounts. The purpose for which any surplus might be utilised, should a surplus be generated, is ring-fenced by Section 55 of the Road Traffic Regulation Act, 1984 (RTRA) as amended. In summary, these are:
• to repay any funds for parking measures that have been borrowed from the general rate fund; • to contribute towards the provision or maintenance of parking facilities; • to contribute towards improvements to passenger transport services or infrastructure; and, • to contribute towards other highway improvements.
Factors taken into account
4. Consultation
4.1 Proposed agency arrangements have been discussed, and agreed in principle, with Arun District Council and Chichester District Council.
4.2 Heads of Terms have been exchanged, agreed, and signed by both parties; see Appendix 1.
5. Risk Management Implications
5.1 In the management of on-street parking a balance needs to be struck which shares out a finite amount of kerbside parking space amongst the many competing users and user groups. Management and enforcement of parking provides a key element of the framework within which these competing and conflicting needs are identified, assessed and prioritised.
5.2 The availability and access to both on and off-street parking is important in supporting the economic vitality of town centres and reducing traffic congestion. Achieving the correct level of enforcement is not an exact science and there is no ‘one size fits all’ approach. Instead, many factors need to be balanced in order to arrive at an appropriate level of enforcement. Regular monitoring and performance management will take place across Arun and Chichester Districts. This monitoring and performance management informs officers if parking management and enforcement resources are deployed at an appropriate level to meet published objectives
6. Other Options Considered
6.1 The Department for Transport (DfT) has issued Operational Guidance which sets out the policy framework within which the Government believes that all English local authorities, both inside and outside London, should be setting their parking policies and, if appropriate, enforcing those policies.
6.2 The Operational Guidance says that non-metropolitan District and Borough Councils in England are not able to apply for designation orders (CPE powers). DfT Operational Guidance makes it clear that it is important that there should be very close co-operation between District/Borough Councils and their County Council. The guidance goes on to suggest that the District/Borough Council might, under an agency agreement, carry out enforcement on behalf of the County Council.
6.3 The Secretary of State is aware that in most areas with two tiers of local government it is the District/Borough Council that own and operate most local authority off-street car parks. Where the District/Borough Council also
acts as agent for their County Council, there should be significant efficiency gains in having a unified civil parking enforcement operation.
6.4 DfT Operational Guidance notes that in some cases the County Council carries out on-street parking enforcement directly and District/Borough Councils enforce off-street parking. They point out that this approach seems likely to be less efficient than having one enforcing authority; and comment that County Council may wish to consider allowing their District/Borough Councils to carry out on-street enforcement under an agency Agreement.
6.5 If the District/Borough Council is not engaged to deliver these complicated services, the County Council would need to make separate arrangements to manage these functions direct, or use their own contractor. This could result in significant cost and resource implications for the County Council. New teams might need to be established, premises secured, and software systems and equipment purchased. This would duplicate the work of the existing teams within the District/Borough, and the main advantage of integrating on and off-street parking management, would be lost. Whilst this option could be examined in more detail in the near future, pending the development of back office management systems, it is not considered viable or appropriate at this time.
7. Equality Duty
7.1 An evaluation of the equality impact is not considered necessary because this report is dealing with procedural matters only.
8. Social Value
8.1 All customers will be positively affected by good management of on street parking, and more integrated management of on and off-street parking, across Arun and Chichester Districts. This will be experienced in the form of: • the greater availability of on-street parking spaces; • less time spent and distance travelled searching for a parking space; • less traffic congestion and pollution arising from ‘searching’ traffic; • encouraging ‘good neighbourliness’ within the local community; • better and easier access for Blue Badge holders; and • better access to loading bays supporting deliveries to local business. 8.2 Greater accessibility of town centre parking will benefit the local economy and support local shops and services.
9. Crime and Disorder Act Implications
9.1 Officers are of the view that there are no foreseeable crime and disorder implications to this proposal.
10. Human Rights Implications
10.1 The proposal has no implications under the Human Rights Act 1998.
Lee Harris Matt Davey Executive Director Director Economy, Infrastructure and Highways and Transport Environment
Contact: Miles Davy, Parking Strategy Team Manager, 0330 2226688.
Appendices
Appendix A – Arun District Council and Chichester District Council Signed Heads of Terms
Background Papers
None