Ref No: H&T 10 (15/16) Cabinet Member for Highways and Transport Key Decision: Yes Horsham and Mid Sussex Agency Agreements for Part I Parking Services Report by Executive Director Residents’ Services Electoral and Director of Highways and Transport Division(s): All in Horsham District and Mid Sussex District Executive Summary The Cabinet Member for Highways and Transport has reviewed the current Agency Agreements with Horsham and Mid Sussex District Councils for the provision of parking services. The existing agreements will expire at the end of March 2016. This report seeks approval to enter into new agency agreements with Horsham and Mid Sussex Councils for the procurement, management and operation of Civil Parking Enforcement (CPE), and operational management of the Horsham, Billingshurst and East Grinstead Controlled Parking Zones (CPZ). Recommendation That the Cabinet Member for Highways and Transport authorises the Executive Director Residents’ Services to enter into agreements with both Horsham District Council and Mid Sussex District Council for the procurement, management and operation of CPE in both districts and operational management of the Horsham, Billingshurst and East Grinstead CPZs respectively, under the provisions of the Local Government Act 1972 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000/2851. 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 district and borough councils through the use of an agency agreement. 1.2 The County Council entered into agency agreements with Horsham District Council in March 2006 and Mid Sussex District Council in January 2006. The agreements, in summary, are for the discharge of the on street enforcement service, provision of a CPZ management service in Horsham, Billingshurst and East Grinstead, and management of any local off street parking assets in the districts of Horsham and Mid Sussex. 1.3 Arrangements under both agreements have run very successfully, have been extended to their full extent, and are now due to expire on 31st March 2016. 1.4 Approval is being sought from the Cabinet Member for Highways and Transport for the County Council to negotiate and enter into Agency Agreements with Horsham District and Mid Sussex District Councils. The agreements will delegate authority for the procurement, management and operation of Civil Parking Enforcement (CPE) and operational management of the Horsham, Billingshurst and East Grinstead Controlled Parking Zones (CPZ), together with management of any local WSCC off street parking assets in the districts of Horsham and Mid Sussex. 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. The present division of responsibility for on and off street management will remain unaltered. 2. Consultation 2.1 Proposed agency arrangements have been discussed, and agreed in principle, with Horsham and Mid Sussex District Councils. 2.2 Heads of Terms have been exchanged, agreed, and signed by all parties. 3. Proposal 3.1 It is proposed to enter into an Agency Agreement 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. 4. Other Options considered 4.1 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. 4.2 The Operational Guidance says that Non-metropolitan district 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 Councils and their County Council. The guidance goes on to suggest that the district Council might, under an agency agreement, carry out enforcement on behalf of the County Council. 4.3 The Secretary of State is aware that in most areas with two tiers of local government it is the district Councils that own and operate most local authority off-street car parks. Where these district Councils also act as agent for their County Council, there should be significant efficiency gains in having a unified civil parking enforcement operation. 4.4 DfT Operational Guidance notes that in some cases the County Council carries out on-street parking enforcement directly and district 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 Councils may wish to consider allowing their district Councils to carry out on-street enforcement under agency agreements. 4.5 If the districts Councils are 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 would result in significant cost and resource implications for the County Council. New teams would need to be established, premises secured, and software systems and equipment purchased. This would duplicate the work of the existing teams within the districts, and the main advantage of integrating on and off street parking management, would be lost. Whilst this option has been examined it is not considered viable or appropriate. 5. Resource Implications and Value for Money 5.1 The new Agency arrangements will not have any resource implications since the arrangements will be broadly similar to those already in place. No budgetary pressures are expected to follow from these proposals, with the annual costs expected to remain unchanged at £126k for Horsham, and £180k for Mid Sussex. The service will be contained within existing budgets. 5.2 Whilst not directly related to the Agency Agreement itself 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. 6. Impact of the proposal 6.1 Equality Duty An Equality Impact report (EIR) is not required because this report is dealing with procedural matters only. 6.2 Crime and Disorder Act Implications The County Council is of the view that there are no foreseeable crime and disorder implications to this proposal. 6.3 Human Rights The proposal has no implications under the Human Rights Act 1998. 6.4 Social Value All customers will be positively affected by good management of on street parking, and more integrated management of on and off street parking, across Horsham and Mid Sussex. 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 • better access to loading bays supporting deliveries to local business Greater accessibility of town centre parking will benefit the local economy and support local shops and services. 7. Risk Management Implications 7.1 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. 7.2 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 both Horsham and Mid Sussex. This monitoring and performance management informs officers if parking management and enforcement resources are deployed at an appropriate level to meet published objectives. Bernadette Marjoram Nicola Debnam Executive Director Director Residents’ Services Highways and Transport Contact: Chris Barrett 03302226707 Appendices Appendix 1 – Agency Agreement Heads of Terms for Horsham Appendix 2 – Agency Agreement Heads of Terms for Mid Sussex No Background Papers .