Appendix C

Index

  1. Purpose of Report3
  1. Recommendations3
  1. Background4
  1. Conclusions6
  1. Members and Witnesses7

Appendix 1: Scoping Document

Appendix 2: Winter Maintenance HCC Liability Note

Hertfordshire Highways Winter Maintenance Programme

  1. Purpose of Report

1.1 This the report of the Topic Group which scrutinised the effectiveness of the Hertfordshire Highways Winter Maintenance Plan.

1.2The Scoping document can be seen at Appendix 1. The papers issued to members can be found at Winter Maintenance Topic Group papers

  1. Recommendations

Hertfordshire Highways will be presenting the Winter Maintenance Plan for 2009/10 at the Highways & Transport Panel in September 2009. The Group expects that its recommendations, listed below, will inform the Plan for next winter. Where actions require a longer timescale this is to be included in the Executive Response (to be received two months after the publication of this report).

2.1Involvement of partners in reviewing the winter maintenance programme. This needs to take into account the following

  • a better understanding of the capabilities of each authority (including HCC) to be gained before next winter (2009/10)
  • an assessment of the number of community facilities currently on treatment routes (e.g. schools, care homes) and costs associated with including additional routes and the implications to the Code of Practice
  • Requests for salt bins and information regarding their use and location needs to be reviewed and improved. Consideration needs to be given to locating salt bins near community and older people facilities, including care homes and schools
  • an initial exploration into the feasibility of footway treatment machines
  • The implications of Local Treatment Plans, including cost, timescales and ownership and the feasibility of including the voluntary sector. This needs to be informed by input from district/boroughs and town and parish councils.

2.2Information needs to be readily accessible to partners and the general public (gritting routes, the Winter Maintenance Plan etc). This needs to take into account the following

  • improving operational communications (e.g. with head teachers) in ensuring that information to aid effective decision making is easily accessible
  • that during periods of heavy snow, Hertfordshire Highways personnel will continue to co-locate with the police
  • Clearer signposting from HertsDirect (HCC’s website) to relevant pages (policy, gritting routes etc and the decisions made during severe weather)
  • liaison with significant facility operators (for instance, bus operators) to establish their information needs and how to supply the necessary information to them
  • The Ready for Anything[1] campaign to include preparation for severe weather and information regarding self help and liability issues when clearing snow.

2.3Clarifying communication channels: liaison with districts/boroughs, especially at times of pressure, to be improved by the identification of designated post holders in each authority to channel communication and information. Hertfordshire Highways to inform key partners (e.g. transport operators) at the outset of the winter period of the location of relevant information and ensure this information is regularly updated.

2.4 Investigate and report on the implications of raising the priority of treating high traffic pedestrian areas and busy footways leading to them.

  1. Background

3.1The Met Office has stated that for prolonged snowfall, the first fortnight of February 2009 was the worst incident for 20 years. A series of snowfalls over 12 days and nights, with some intervening temperatures well below freezing, was ended by a period of heavy rain and a quick thaw on Friday 13 February, which led to flooding and further disruption.

3.2Winter service is not an emergency service in that low temperatures, ice and snow are regular, frequent and reasonably predictable occurrences, even given the effects of climatic change. In these circumstances the Winter Service can and should be subject to the same regime of planning and review as other aspects of the highway maintenance regime.

3.3To give effect to this, a national Code of Practice requires a Winter Service Operational Plan to be prepared, and reviewed annually to accommodate changes in legislation, best practice and local operating requirements. The Plan is presented to Highways and Transport Panel for endorsement each autumn after the annual review.

3.4The majority of roads and pavements in Hertfordshire are highways maintainable at public expense. This means that maintenance is the responsibility of Hertfordshire County Council as the Highway Authority. They are treated in priority order, with the objective of reducing danger to the travelling public from snow and ice. There are other highways, not maintainable at public expense, where the duty of HCC as Highway Authority is limited to clearing obstructions caused by snow, according to the available resources. There are also further areas, such as some shopping precincts, where another agency is wholly responsible.

3.5During the 13-day period, 22 full salting or ploughing runs took place, plus numerous partial runs or individual actions. Each full run involves 54 Spreaders (double-manned for ploughing), takes 2 to 2½ hours, and covers 2311 km (approximately 1450 miles) at a cost, depending on the time of day, of around £23,000. This compares with 31 and 33 full runs in the whole of each of the two preceding winters. The Council’s direct spending on the Highways Winter Service for 2008/09 is estimated at £4.8M, £1.6M over budget.

3.612,000 tonnes of salt is the maximum quantity that can be practically stored in current facilities.

3.7On 2 and 3 February, the main need was to get the Priority 1, 2 and 3 road network usable and this is where effort was placed. From 4 February on, work was concentrated on the Priority 1 and 2 road network, specific trouble spots, and Priority 1 footways. An order was placed at 04.50 on 2 February to liaise with district/borough councils to help clear pedestrian areas in town centres, but this was only effective in some areas due to communications failures.

3.8Hertfordshire Highways procure a specific road forecast from Meteo Group, who is one of the main suppliers of specialist forecasting. This arrangement provided good support to operations.

3.9The mass media considered that more use could be made of their websites to get more timely information and advice to the public when it was needed. Both HertsDirect and the commercial sites experienced abnormally heavy traffic during the incident.

3.10The Closure Notification System (CNS), due to be launched later this year, will provide schools with the facility to text information which will be published instantly on a public-facing web page, linked from HertsDirect. CNS will eliminate the need for teachers to telephone or email their status to HCC. The system will be quicker and more efficient than current arrangements and should reduce the stress on school websites, HCC’s website and the Customer Service Centre. Easier access by schools and others to information about expected conditions and treatments would help their decision-making, with positive consequential effects for parents, transport officers, employers and the Constabulary. It will also allow HCC and the Constabulary to accurately identify school closures and accordingly influence local policing strategies concerning transport/ community impact.

3.11The Group wished to encourage self help and resilience. The Ready for anything campaign is an ideal vehicle to address these themes (see Recommendation 2.2 and footnote).

3.12The Group clarified the issue of residents clearing the pavement outside their property. The note at Appendix 2 makes clear that liability does not rest with the householder/business when clearing snow near their property.

4Conclusions

4.1The Group commended the positive response from Hertfordshire Highways officers to this scrutiny and their willingness to learn from the experience.

4.2Liaison and communication with the Constabulary was commended by its officers. The Group would like to see a similar approach with all partners and the general public, as this was an area of weakness identified during the scrutiny (districts/boroughs, transport operators etc). The Group are confident that measures to address this are contained in its recommendations and other planned service developments including the school Closure Notification System. During the Police Briefings HCC and the Constabulary utilised telephone Call Conferencing and this proved to be very useful. This could be widened to include districts/boroughs, transport operators etc. either independently or at Police Area HQ. (Recommendations 2.1, 2.2, 2.3).

4.3The East of England Ambulance Trust raised the issue of ambulance stations that are not co-located with fire stations or not on a priority route not being gritted. It is an area the Trust would find helpful if it were addressed in the future. (Recommendation 2.1)

4.4Adding extra mileage to the treatment routes, or changing treatment methods, would have a significant cost implication. The Group would like a careful analysis of need before any decisions are made (Recommendations 2.1, 2. 4)

4.5The Constabulary reported particular problems with A41 and A505 during this period. One of the difficulties is that these roads are higher than others in Herts and, therefore, particularly susceptible to winter conditions. The Group would welcome Hertfordshire Highways reviewing the feasibility of any practical additional measures to treat some major routes (e.g. A41 from the M25 to Tring and the A505 Baldock bypass and west of Hitchin) to address these conditions.

4.6The Group believe there is benefit in issuing a press release clarifying that liability remains with the Highways Authority (i.e. the County Council) if residents/businesses clear snow from the front of their properties. This release could usefully be issued either at the onset of winter or during severe weather. It would clear some of the confusion among the public as identified in the evidence heard by the Group and raised by councillors. (Recommendation 2.1 and Appendix 2).

4.7Experience of this snow event shows that the better and more detailed the planning in any area, the better the overall service provided. A system of local treatment plans, to co-ordinate the efforts of such partners as district, town and parish councils, landowners and community groups, would need to cover resources, call-out arrangements, treatment techniques and areas involved. Its benefit would have to be judged against the resources which would be required to maintain the plans ready for use at any time during the winter period. (Recommendations 2.1, 2.3, 2.4)

4.8The Group would like to thank all the witnesses who provided evidence (verbally and in writing). This contribution aided a vital piece of scrutiny.

4.9After assessing the evidence the Group considered that Hertfordshire Highways had provided an excellent response in a difficult situation.

5 Members and Witnesses

Members

Sherma Batson (Chairman)

Mary Bayes

Malcolm Cowan (Vice Chairman)

Doug Drake

Bill Storey (Vice Chairman)

Witnesses

Including those who provided written evidence

Herts Highways & Partners

Vince GilbertHead of Herts Highways

Derek TwiggStrategy Development Manager, Herts Highways

Clive RillstoneProject Director, Amey Lafarge

Richard FryerOperations Manager, Amey Lafarge

Dr Julian Mayes Head of Training/Senior Meteorologist, Meteo Group UK

HertfordshireCounty Council Members & Officers

Stuart PileExecutive Member for Highways, Transport & Rural Affairs

Derrick AshleyPlanning, External Relations & Waste

Tony Doddmember, Sawbridgeworth

Alan SearingChairman, Overview & Scrutiny Committee

Earl DuttonAssistant Director: Older People & Physically Disabled People, ACS

John BoulterHead of SERMU

Justin DonovanDeputy Director, CSF

James Ottery Health & Safety Manager, CSF

Sharon Robinson Communications Officer: School Access, CSF

John Sellgren HCC Communications Director

Jo Brown Press Officer

Sharon Davies Senior Communications Officer

John SykesIntegrated Transport Services Manager

Tessa YatesSenior Solicitor: Environment & Property Law

District/Borough Council

Durk ReynerHead of Client Services, Welwyn/Hatfield Borough Council

Mike RobsonHead of Street Cleansing, Watford Borough Council

Ian SkeltRisk Management & Community Resilience Officer, St Albans District Council

Herts Constabulary

Inspector Rod ReevesForce Incident Manager & Control Room Inspector, Herts Constabulary

NHS

Hayden Newton Chief Executive, East of England Ambulance Service

Robert Flute Head of Resilience & Emergency Planning, East of England Ambulance Service

Mark JarvisAssistant Director: Integrated Governance, WestHertsHospital Trust

Commercial Sector

Brian DruryCommercial Director, Arriva the Shires & Essex

Dave StreetonOperations Manager, Centrebus

Reg’s Coaches

Larry HeymanIntegration & Partnership Manager, First Capital Connect

Darren Isted Editor, The Comet

Richard HardimanBusiness Link

APPENDIX 1

SCRUTINY REMIT: Hertfordshire County Council Winter Maintenance

OBJECTIVE: To consider the effectiveness of the County Council’s Winter maintenance plan and establish what was learnt from this severe test of current maintenance plans and operations.
QUESTIONS & ISSUES TO BE ADDRESSED:
  • What could have been done better?
  • Are there other ways than relying on weather forecasts from the Met Office to determine when and at what time gritting operations should be undertaken?
  • How could prompt clearance of snow and ice on footways/ footpaths in towns be best achieved to aid safe use by pedestrians?
  • use of salt bins to salt local public highways including misuse
  • possible assistance from District / Borough Councils during periods of severe weather plus other additional assistance i.e. local farmers, plant operators, community groups and self-help

OUTCOME: To establish whether anything else could be done to improve current winter maintenance (gritting, ploughing and clearance) arrangements

CONSTRAINTS: It is too early to consider the consequential damage to the road network

EVIDENCE / WITNESSESS
  • Winter Maintenance Programme
/
  • Vince Gilbert

  • Event Summary
/
  • Derek Twigg

  • Background Report
/
  • Districts/boroughs

  • Forecasting Services
/
  • SERMU

  • Constabulary

  • Other HCC departments

  • NHS

  • Chamber of Commerce

  • Bus operators

  • Amey Lafarge

METHOD: One off topic group DATE: 2 & 3 April
MEMBERSHIP: Mary Bayes, Doug Drake, Bill Storey, Sherma Batson, Malcolm Cowan

SUPPORT:

Scrutiny Officer: Natalie Rotherham

Lead Officers: Vince Gilbert & Derek Twigg

Democratic Services Officer: Adrian Service

HCC CHALLENGES: how this item helps deliver the Challenges
  1. Helping people feel safe & secure
  2. Maximising opportunities for children and young people
  3. Supporting the independence of the growing number of older people
  4. Tackling the causes and impact of congestion
  5. Dealing with worn out roads and pavements
  6. Reducing the impact of new development on the environment
  7. Maximising efficiency savings

CfPS OBJECTIVES:- how the item delivers these objectives
  1. Provides a critical friend challenge to executive policy makers and decision makers
  2. Enables the voice and concerns of the public
  3. Is carried out by independent governors who lead and own the scrutiny role
  4. Drives improvement in public services

Appendix 2

WINTER MAINTENANCE – LIABILITY OF HIGHWAYS AUTHORITY

In its capacity as Highways Authority, the County Council has a statutory duty to maintain highways which are maintainable at public expense (“adopted highways”). A highway is a way open to and over which the public have a right to pass and re-pass and can therefore include roads, pavements and verges.

As part of this statutory duty, the Highways Authority (i.e. Hertfordshire County Council) must ensure, as far as is reasonably practicable, that safe passage along highways are not endangered by snow or ice. As this is a statutory duty, the responsibility and/or liability for highways maintainable at public expense, in all circumstances, ultimately remains with the Highways Authority, unless express contractual arrangements are in place for a third party to act as its agent. The issue of residents clearing the pavement outside their property makes clear that liability does not rest with the householder.

In relation to snow or ice, in exercising its duty to maintain, the County Council is only required to undertake such maintenance or repair work (including preventative measures) as is considered in all the circumstances to be reasonable to ensure the highway is not dangerous for traffic. What is reasonable is considered against a range of factors including any maintenance programme in place (including prioritisation) and financial or other resource implications.

For roads, pavements and other routes/ways which are not highways maintainable at public expense, there are two possible scenarios: -

(a)It is a highway i.e. the public have a right to use it but it is not maintenance responsibility of the highway authority. In this case the Highway Authority’s responsibility only extends to keeping the route clear for unobstructed passage.

(b)It is not a highway, in which case, all responsibility and liability, including maintenance/repair, rests with the landowner.

Tessa Yates

Senior Solicitor: Environment & Property Law

For further information about this report please contact:

Natalie Rotherham

Scrutiny Officer

Room 322,

County Hall,

Hertford,

SG13 8DQ

Tel: 01992 555589

Appendix C (continued)

EXECUTIVE MEMBER RESPONSE
NAME OF TOPIC GROUP: Hertfordshire Highways Winter Maintenance Plan
TOPIC GROUP CHAIRMAN:Sherma Batson
LEAD OFFICER:Vince Gilbert
Recommendations:
e.g. To undertake a customer survey in the Autumn of 2008 / Executive Response:
e.g. To carry out the survey in September 2008
1Involvement of partners in reviewing the winter maintenance programme. This needs to take into account the following:
  • a better understanding of the capabilities of each authority (including HCC) to be gained before next winter (2009/10)
  • An assessment of the number of community facilities currently on treatment routes (e.g. schools, care homes) and costs associated with including additional routes and the implications to the Code of Practice.
  • Requests for salt bins and information regarding their use and location needs to be reviewed and improved. Consideration needs to be given to locating salt bins near community and older people facilities, including care homes and schools.
.
  • An initial exploration into the feasibility of footway treatment machines.
  • The implications of Local Treatment Plans, including cost, timescales and ownership and the feasibility of including the voluntary sector. This needs to be informed by input from district/boroughs and town and parish councils.
/ 1. Key Partners are being involved as below