Archived decisions

7. Background

7.1 At the Decision Meeting on 15 June 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 July 2004. Letters had been 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 had arisen in discussion with a number of Districts which it appears delayed a formal decision being made. This was 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 had financial implications which District Councils regarded as significant, since they did not already carry this insurance. Following consideration of risk assessments it has been agreed that Professional Indemnity Insurance is not required in respect of the grass cutting and tree maintenance or development control functions and can be reduced to £2 million for the traffic management function. It is hoped that this will now enable agreements to be concluded with the outstanding District Councils.

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 the outstanding agreements to be concluded.

7.5 It is not intended to allow a further extension, and districts will be requested to notify the County Council by 1 December 2004 if they do not intend to complete a new agreement, so that alternative arrangements can be made.

8920/PDB/BB