Town and Parish Devolution: Summary of the proposed approach in Buckinghamshire

September2014

  1. Introduction
  1. Contents

Currently the County Council has devolved arrangements with 23 town and parish councils. The Council has carried out a review of the current devolved arrangements. This found that the current devolved services provide a high quality of service and also added value for residents. However the 23 arrangements now represent an unequal distribution of resources. The Council has been seeking to increase the number of devolved arrangements, but this will only be possible with a wholesale change to the approach across the county.

We are making an offer to each town and parish council to take on a set of devolved urban transport services. We have been transparent about the current costs to TfB for providing these services, and open to a range of ways for towns and parishes to provide services. This proposal is a first step; we are looking to work with local councils to identify the best local delivery solutions. The total budget available will not change, but we are open to discussing how it is used.

We would prefer to deal with clusters of parish councils. All councils will need to be involved in each area for the new approach to be viable.

  1. Benefits

Some towns and parishes are already asking to take on more devolved services. Devolved services can have the following benefits:

  • Improved quality of service: Parishes and towns take pride in delivering services locally and will likely ‘go the extra mile’ to deliver a high quality of service.
  • Increased service provision: For example increased number of cuts under the pilot devolution arrangement with six parishes led bythe Stewkley Enterprise Agency.
  • A more responsive service: As service delivery is based locally parish clusters will be able to respond more quickly to problems and resolve complaints.
  • Increased satisfaction: If the above two benefits are achieved then communities will be more satisfied with the service they receive.
  • Generation of local employment opportunities: The Community Interest Company set up for the Stewkley Cluster employs local people on a part time basis and provides an opportunity for NEETs (Not in Education, Employment or Training) to gain employment. This is a possible but not essential opportunity for other parish clusters to take.
  • Increased pride in local area: Through devolving services to a more local level, communities will feel that they have greater control over local delivery and will more likely become involved in service delivery.
  • More local decision making:For example on the number of grass cuts, how the local budget is allocated, when grass is cut.
  • Opportunity to expand on current service delivery: Parish clusters, with support from BCC, will be able to take on additional services in their local area.
  • The opportunity to take ownership of the local environment, and to combine contracts for grass cutting and other services where the parish already provides some of these services.
  1. The approach

Cluster model

We would prefer parishes and towns to cluster because:

  • It is the best way for the County Council to effectively manage the arrangements;
  • Clusters enable parishes to share resources;
  • Clusters can enable larger parishes to deliver services to smaller parishes who do not have the resources to manage service delivery;
  • Clusters empower parishes to identify the most suitable form of service delivery for their local area;
  • Clusters will ensure that smaller parishes still benefit from these arrangements.

Towns and parishes are entirely free to work out who to cluster with. Clusters are likely to be geographic, but some parishes have already indicated that they may prefer to work with more distant councils with whom they have more in common.

Taking on a devolved service could involve very little work for an individual parish. Options that clusters could choose from include; a larger town council delivering services within the town and in neighbouring parishes using their own employees; a parish council delivering services through a community interest company which is training and employing local people for this purpose; and a parish council commissioning commercial subcontractors.

BCC’s offer includes support to co-create the most appropriate model for each cluster, providing resources to work out costs and method of service provision.

  1. Services in scope

Services will only be devolved which are of minimum risk to parishes if delivered by them. The essential services which will be included in every arrangement are:

As part of the offer Parishes will be expected to deliver the essential services in the table below:

Service / Description / Minimum Standard / Health and Safety
Urban Grass Cuts (RM15003) / Cutting of grass verges within 30 mph limit. This excludes rural grass cuts which are those outside 30mph limit. Parishes with urban areas where a road with a 40mph limit runs through it will be dealt with on a case by case basis. / Information on hazard and speed limit signs is legible to oncoming road users. Treatment of cuttings: Cuttings must be left to mulch on the road side, disposed of commercially or composted in the community. They must not be taken to the local household recycling site. / Personal Protective equipment (PPE) is worn/used.Correct type of grass cutting equipment used for different environments (steep verges etc). A risk assessment must be carried out. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Weed control of noxious and injurious types on pavements (RM15007) / Control the spread of weeds which can damage habits and agricultural land. These are:
  • Common ragwort
  • Creeping thistle
  • Field thistle
  • Spear thistle
  • Curled and broad-leaved dock.
/ Signs on verge are not obscured by vegetation. To maintain green cover and protect habitats.
Do not apply fertiliser within two metres of the centre of a hedgerow, watercourse or field ditch
• within one metre of the top of the bank of a watercourse or field ditch. / Specific training in safe use of chemicals. The employer is responsible for providing all PPE stated on the herbicide’s label. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Cleaning of traffic signs / Information on Hazard and Speed limit signs must be legible to oncoming motorists. / Signs must be clearly visible. It is advised that they are cleaned with cold soapy water and a brush. / Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Minor repairs to traffic sign / Minor repairs to traffic signs, such as tightening of brackets where a sign has slipped. Signs that are badly damaged (e.g. bent, buckled) must be reported to TfB for repair. / Information on Hazard and Speed limit signs must be clearly visible and legible to oncoming road users. / Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Trimming vegetation obstructing pavements and footpaths (or liaising with landowner to carry out where appropriate) / Where vegetation is obscuring pavements and footpaths this should be removed to ensure pedestrians can navigate the route. / Pavements and footpaths must be removed of all obstructions. Pavements and footpaths are accessible to pedestrians. Encroaching grass must be cut out of pavements and footpaths. Where landowners are involved they must be made aware of their obligations and prompted to clear footpaths and pavements. / Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Checking for obstructions to pavements and footpaths / Check that pavements and footpaths are clear of obstructions, such as scaffolding and debris, and arrange for removal. A vehicle blocking a vehicular access or footpath should be reported to the local police, as they have sole enforcement powers. / Pavements and footpaths are accessible for pedestrians. / N/A
Hedge cutting (RM15006) / Cutting hedges which are a danger to road users. Landowners must be found in the first instance and issued a hedge cutting notice. If they cannot be found or they have not cut the hedge (and it is still deemed a danger), Parishes/ Clusters will cut the hedge. / Information on hazard and speed limit signs is legible to oncoming road users. Visual splays are clear. / Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained.
Rights of Way clearance / Rights of Way (RoW) includes any path listed on BCCs annual clearance schedule (bridleways, footpaths, byways and restricted byways). Clearance means surface moving or public rights of way network up to the parish boundary where landowners have not carried this out. Parishes have the right to issue a notice to landowners to surface mow the network. The landowner is responsible for ensuring hedge trees are safe and if they fall across the public right of way they are removed. They also have responsibility for cutting hedge growth across a right of way. / Rights of way are accessible for pedestrians.
Legal minimum width is 1.5meters for a public footpath and 3meters for a public bridleway.
Right to demand that an obstruction is removed and to recover costs of removal. Clearance does not include hedge cutting, clearing of side growths or cutting down trees. / Training must be given to operate mowing equipment. A risk assessment must be carried out.
Serving of hedge cutting notices / Send requests to frontages and landowners to deal with overhanging vegetation that is causing an obstruction and/or danger to the public highway.If no co-operation of the landowner within 14 days a reminder letter is sent, if no response the matter is referred to the LAT. / Information on hazard and speed limit signs is legible to oncoming road users. Visual displays are clear. Pavements and RoW are accessible to pedestrians; and bridleways to pedestrians and horses. / N/A
Siding out of overgrown pavements / Preventing the encroachment of verge soil and growth onto the pavement. This is essential if overgrown pavements are obscuring visual splays. / Signs on verge are not obscured by vegetation.
Cyclical maintenance approx. once every 2/3 years.
Also carried out before routine maintenance work, such as surface dressing. / N/A
Clearing of drainage grips and kerb weirs in order to keep the highways free from standing water / Cleansing of silt, debris and water from drainage grips for removal of surface water from the carriageway. / Drainage grips cleared annually.
Dump ditch material into fields rather than leave on the side. / Use of vehicle for drainage clearing?
Open grips and ditches can be dug by hand.
  1. Services out of Scope

The services which are out of scope are as follows:

  • Passenger Transport: This is delivered by Amey. Parishes may wish to be involved in the various community transport projects around the county.
  • Street Lighting: Although towns and Parishes are encouraged to report defects with street lights.
  • Winter maintenance: Although Parishes are involved in minor winter maintenance involving salting of footpaths and some roads, TfB will continue to respond to emergency road clearance and maintain the network during winter.
  • Parking services: Town Councils and Parishes may report parking infringements to the police or BCC but they do not have the powers to issue Penalty Charge Notices.
  • Road Space Management: This requires coordination at a strategic level across the county and would not be appropriate for Parishes to manage.
  • Capital Works: These are large scale programmes which require BCC expertise to manage.
  • Asset management: Requires BCC expert knowledge to manage.
  • Traffic Management: Requires BCC expert knowledge to deliver.
  • Casualty Reduction: Parishes may be involved in this; however, it requires countywide coordination.
  • Routine maintenance: As mentioned in 4.2.4 there are a number of areas where Parishes will be able to conduct maintenance, however the following areas are not appropriate for Parishes to deliver because they involve work on or by the highway:
  • Filling of category 1 & 2 potholes;
  • Resurfacing of roads;
  • Replacements of road signs;
  • Rural Grass cuts (outside the 30mph boundary);
  • Major siding out;
  • Drainage schemes;
  • Lining works;
  • Minor patching;
  • Any works involving positive traffic management.
  • Safety Inspections: Parishes do not have the expertise to carry this out.
  • Transportation systems: Parishes do not have the expertise or the strategic view of the network to manage transport;
  • Structures: Parishes do not have the expertise to manage carriageway structures.
  1. Existing Range of Powers

Parishes & Town Councils have a wide range of existing powers to deliver services and in the majority of cases, there is no legal bar to them taking on services or managing assets. They and principal authorities frequently have concurrent powers where both can provide a service, so delegation from one to the other is possible. These include:[1]

  • Power to maintain footpaths andbridle-ways;
  • Power to light roads and publicplaces;
  • Power to enter into agreement as todedication and widening;
  • Power to provide roadside seatsand shelters;
  • Power to complain to highwayauthority as to unlawful stopping upor obstruction of highway orunlawful encroachment on roadsidewastes;
  • Power to provide traffic signs andother objects or devices warning ofdanger;
  • Power to plant trees and lay outgrass verges etc. and to maintainthem;
  • Powers to contribute financially totraffic calming schemes;
  • Power to deal with ponds andditches;
  • Power to take enforcement action against those that fly-post or graffiti.
  1. Funding

The County Councils’ total budget for the services in scope is approximately £900,000 in 2015/16 and £700,000 in the three following years. Every town and parish would receive a budgeteach year to support them in service delivery. Draft figures have been provided to each town and parishcouncil. A spreadsheet showing these is available at We are open to discussions about the best way to allocate the available funding, although the total budget will not change.

Please note:

  • The total figures available only apply if all councils agree to deliver all services in scope. If fewer councils sign up to the approach the figures would need to be recalculated, taking in to consideration the areas covered by the signed up parishes and the impact these parishes delivering services would have on the economies of scale under TfB’s operations.
  • The budget per parish is based on the amount of work per activity in scope (for example grass cutting is calculated per area within parish). This provides a cost per service in each parish which, added together with other service costs within the parish, gives an indicative figure.
  • The budgets provided will be the same as those we would spend on these services if they are not devolved.
  • Where discussions identify unusual costs or particular challenges we would like to work through the best way to solve them with each parish. We recognise that some areas may require some additional initial funding to resolve such issues.
  1. Operational

Responsibility

We are seeking to hand responsibility for these services to clusters of town and parish councils. However, we will look to establish alternative local delivery solutions wherever possible should a cluster fail.

Parish clusters will adhere to a minimum standard of service delivery; beyond this it is up to them how they determine service delivery. Parishes will have a formal role in quality and quantity of service provision.

Parishes and Town Councils are under no obligation to take on a service delegation.

Insurance

Eachparish or towncouncilshouldinformitsinsurersofitsinvolvementin theschemeandisrequiredtoputinplacea£10,000,000 publicliability indemnityandtheappropriateemployer’sliabilityinsurance. Whereaservicecontract is used,theoperative should alsohavethislevelofindemnity.

Parish and towncouncilswillberesponsiblefor riskassessmentof all activities andensuringthatallmitigationmeasuresarisingfromthisarein place.

Health and safety

Equipment

Parishes could use the budget to hire/lease equipment to deliver devolved services. The budgetper unit, per parish, includes the expected cost of PPE, training and equipment which parishes will be expected to provide.

Monitoring

Local Area Technicians will not manage the performance of service delivery (whether contracted out, delivered in house or other). They will merely be a point of contact clusters. Any local complaints about the quality of service delivered within the cluster would be routed directly to the lead parish.

  1. Next steps
  1. We would like to meet with each parish once you have been able to consider this proposal. We will not be able to develop separate agreements with each parish; we are seeking to work with clusters of town and parish councils. Buckinghamshire County Council does not have a view about how clusters should be formed or which cluster each parish and town council should belong to. We have made some initial suggestions but these are intended only to help stimulate discussion.
  2. Once you have an idea of your likely cluster, we would like to arrange to meet with representatives from the cluster to discuss the options available, support you may need and possible timescales.We would like to meet with for these initial discussions.
  3. We hope to have sufficient understanding of the approach parishes and towns are taking by September. At that time Buckinghamshire County Council will review the viability of the proposal to devolve services and will then either make formal offers or end discussions. This approach is designed to enable parishes and towns to have the maximum involvement in co-creating the best solution for each area.
  4. We aim to have the first tranche of clusters in place by April 2015. We hope to have the remaining arrangements in place to begin by April 2016.

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