ITEM CMDT3
CABINET MEMBER FOR TRANSPORT – 27 NOVEMBER 2008
DECRIMINALISED PARKING
Report by Head of Transport
Introduction
1. On 23 November 2006, the Cabinet Member for Transport gave approval to enter into a single agency agreement with all District Councils to deliver Decriminalised Parking within Oxfordshire.
2. Since that time considerable work has been undertaken to develop this project, but regrettably it has not been possible to develop a single agreement with all districts. This report therefore seeks authority to enter into an agency agreement solely with West Oxfordshire District Council (WODC) and to authorise Oxfordshire County Council officers to continue discussions with the remaining Districts to develop similar individual/ joint agreements.
3. Subject to a draft agency being acceptable, this report also seeks authority to submit a joint application, with West Oxfordshire District Council, to the Secretary of State for Transport, to implement a Civil Enforcement Area for the District of West Oxfordshire.
Background
4. The former Executive of the County Council approved a project extending decriminalised parking enforcement to the remaining areas of Oxfordshire outside of Oxford.
5. The project necessarily includes the District Councils as partners because the Department for Transport will require the Civil Enforcement Areas to include their off-street car parks and for them to convert to a de-criminalised parking regime. This is to simplify things for the public so that there is just one system of parking control that applies whether they park on or off-street.
6. A review of all parking and waiting restrictions within West Oxfordshire has been undertaken, and a draft consolidation order is to be advertised early 2009.
7. A working group which included the Cabinet Member for Transport and the WODC Cabinet Member with responsibility for Environment has now met on two occasions and developed a draft Agency Agreement and Service Level Agreement as well as a project plan. A copy of the draft agreement is available in the Members’ Resource Centre. 8. The draft Agreement outlines the roles and responsibilities of each party. The County Council, as Traffic Authority, will delegate the functions related to on-street parking enforcement to WODC in accordance with the Traffic Management Act 2004.
9. The draft agreement sets out the legal framework of the relationship between the two councils and proposes that following the introduction of civil parking enforcement, when the responsibility for the control and regulation of on-street parking passes to the traffic authority from Thames Valley Police, WODC agrees to perform these functions on behalf of the traffic authority. The draft Agreement also enshrines WODC’s total control and sovereignty over its off-street car parking facilities.
10. Through supporting
Service Level Agreements, the Agency Agreement will also outline how the
service will work operationally and confirms that the County Council will be
responsible for ensuring that all signs and lines will be provided and
maintained at an acceptable standard. The Agency Agreement sets out the
details of how, and how frequently, WODC will operate an enforcement service
and what accounting and reporting processes are to be used. 11. The implementation of the Agency Agreement will be subject to approval of an application to the Secretary of State for Transport to introduce Civil Parking Enforcement into West Oxfordshire. It is intended that Oxfordshire County Council and West Oxfordshire District Council submit a joint application in order that the existing functions and sovereignty of each authority remain protected.
Financial and Staff Implications
12. The draft Agency Agreement proposes that Oxfordshire County Council will fund reasonable initial set up costs of the scheme, excluding those costs associated with development of an Agency Agreement or Application to the Secretary of State, or enhancements made to the existing off street provision, up to a maximum of £70,000.
13. Subject to the terms of legislation, any deficit in the on street parking account within the West Oxfordshire Civil Enforcement Area, will be the responsibility of the District Council. Any surplus in the on street parking account will be retained by the District Council and will be used to offset any deficit in past or future performing of the Delegated Functions or as defined in section 55 of the Road Traffic Regulation Act 1984 in agreement with Oxfordshire County Council.
14. The implementation of a Civil Enforcement Area within West Oxfordshire will require Oxfordshire County Council to report financial outturns and performance to the Secretary of State on an annual basis.
Corporate Policies and Priorities
15. The proposed implementation of civil parking enforcement will assist in the appropriate management of on street parking and the free flow of traffic, for the economic benefit and wellbeing of businesses and residents in West Oxfordshire and will realise real choice in travel mode with nominal impact upon public budgets.
Legal Implications
16. The implementation of Civil Parking Enforcement will require the County Council to enter into an Agency Agreement with West Oxfordshire District Council in order to delegate the appropriate powers for enforcement upon the public highway.
17. The County Council will be required to submit a joint application, with West Oxfordshire District Council, to the Secretary of State for Transport in order that the appropriate Statutory Instrument for making a Civil Enforcement Order for West Oxfordshire can be made.
18. Should a Civil Enforcement Area be granted, the County Council will be required to set a PCN charge level. In order to maintain consistency with charge levels within Oxford, it is proposed that Band 2 of the Civil Enforcement of Parking Contraventions (Guidelines on Level of Charges) (England) Order 2007 is adopted which means £70/50 PCN levels discounted to £35/25 for payment within 14 days and incremented to £105/75 for payment after issue of a Charge Certificate.
Risk Management
19. The implementation of a Civil Enforcement Area cannot be reversed and as such should the Agency Agreement with the District Council be terminated then enforcement powers will revert to the County Council rather than to the Police Authority. The County Council will then be required to fund all costs associated with the transfer and operation of such a scheme and thereafter bear any subsequent financial risk.
20. The agency agreement proposes that West Oxfordshire District Council bears all financial risks associated with the operation of the scheme during the term of the agency agreement.
21. The transfer of powers from the Police to the Local Authority is likely to provide ongoing local media interest and interest from relevant action groups. Any negative or positive interest is likely to be directed towards the operating authority, although there is the potential that the County Council may also bear some of this interest. It is proposed that Oxfordshire County Council and West Oxfordshire District Council work closely together to maintain a positive image of parking enforcement within the County.
22. The proposed agency agreement is considered to bear a low risk to the County Council.
RECOMMENDATION
23. The Cabinet Member for Transport is RECOMMENDED to agree:
(a) to concluding an Agency Agreement with West Oxfordshire District Council delegating the Council’s on street parking enforcement powers subject to:
(i) final approval of the provisions of the agreement by the Head of Transport in consultation with the Cabinet Member for Transport; and
(ii) the agreement being contingent on a successful application to the Department of Transport for the necessary civil enforcement powers.
(b) to authorise officers to continue discussions towards the development of similar agreements with the remaining District Councils;
(c) that the Head of Transport, in consultation with the Cabinet Member for Transport, be authorised to submit an application, jointly with West Oxfordshire District Councill, to the Department for Transport (DfT), for a Special Parking Area (SPA) in West Oxfordshire.
(d) that Band 2 of the Civil Enforcement of Parking Contraventions (Guidelines on Level of Charges) (England) Order 2007 is adopted which means £70/50 PCN levels discounted to £35/25 for payment within 14 days and incremented to £105/75 for payment after issue of a Charge Certificate as is the case in the City of Oxford.
STEVE HOWELL Head of Transport Environment & Economy
Background papers: Draft Agency Agreement
Contact Officer: Steve Smith, Assistant Head of Transport Tel (01865) 810435
November 2008
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