Contact: Peter Bayless, ext 6882 email: [email protected]

Barbara Beardwell, ext 5157 email: [email protected]

1. Summary

1.1 The following decision is sought:

That, unless superseded by new agreements, existing Agency arrangements with District Councils for the delivery of highway-related services on traffic management, grass cutting and tree maintenance, and capital programme scheme preparation, design and implementation, and as varied from 1 April 2004 in respect of Development Control, continue from 1 July 2004 for a period of three months, or until such time as these arrangements are superseded, whichever is the sooner.

2. Reason

2.1 This decision supports Aim 5 of the Corporate Strategy (Improving Services) by ensuring effective continuation of these services pending signing of new Agency agreements with District Councils.

3. Other Options Considered and Rejected

3.1 To allow the current arrangements to expire on 30 June 2004, before new agreements with District Councils or suitable alternative arrangements are in place, would lead to immediate difficulties in the delivery of these services.

4. Conflicts of Interest Declared by the Decision Maker or Other Executive Member Consulted - None.

5. Dispensation granted by the Standards Committee - Not applicable.

6. Reason(s) for the Matter being dealt with if Urgent - Not applicable.

Approved by: Date:

Councillor K B Estlin

7. Introduction

7.1 At the Decision Meeting on 9 March 2004 the Agency arrangements with District Councils which remained following the transfer of highway maintenance functions to the County Council were extended for a period of three months from 1 April 2004. Letters were sent to all District Councils varying the Development Control agreements to reflect changes in dealing with land searches and Section 38 functions from 1 April 2004.

7.2 Informal discussions with officers indicate that the Districts now operating agency arrangements wish, in principle, to continue doing so. However, a particular issue has arisen in discussion with a number of Districts which it appears has delayed a formal decision being made. This is the inclusion in the draft agreements for all functions of a clause requiring the District to have Professional Indemnity Insurance cover of £5 million, as required for contractors, or consultants, working for the County Council.

7.3 This clause was not included in the previous agency agreements and therefore has financial implications which District Councils regard as significant, since they do not already carry this insurance. Further consideration is being given to how this issue might be dealt with, for example consideration is being given to whether after suitable risk assessment a lower level of cover can be agreed.

7.4 To avoid any discontinuity and allow for a smooth transition in the delivery of services, it would be sensible to extend the existing arrangements for those functions still undertaken by District Councils for a further period of three months, to allow for this issue and any other outstanding issues to be resolved.

8800/PDB/BB