Cabinet Member decisions

The Cabinet Member for Highways and Transportation is asked to give approval for the County Council to:

i) all acts required to carry out and complete the Dover Fastrack scheme;

 ii) all acts required to acquire the land and rights for the carrying out and completion of the Dover Fastrack scheme, including by means of a compulsory purchase order;

 iii) the delegation to the Interim/Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member, any further or other decisions as may be appropriate to deliver the Dover Fastrack scheme.

 iv) confirm that other decisions in Record of Decision 15/00053 remain extant.

Dover Fastrack (formerly known as Dover Bus Rapid Transit (BRT)) is a proposed high quality dedicated bus scheme (like that operating in North Kent) that is a fundamental part of Dover District Council’s Local Plan Core Strategy and current Local Plan Review to 2040 to support inter alia the delivery of 5,750 new homes as part of the Whitfield Urban Expansion.  It will also provide connectivity to the White Cliffs Business Park, the development of up to 500 new homes at Connaught Barracks, the town centre and Dover Priory station.  The key infrastructure involves i) a link from White Cliffs Business Park on a new bridge over the A2 and a route through Phase 1A of the Whitfield Urban Expansion to link up with Archers Court Road; ii) a link from White Cliffs Business Park to Dover Road and iii) localised widening and improvements to Dover Road.  The scheme received planning consent in March 2021.

Land is required, primarily, from the developer of Phase 1A of the Whitfield Urban Expansion.  Negotiations have commenced and while it is hoped that agreement can be reached the use of compulsory purchase is required to give overall land availability and programme certainty.

Following a Report to Environment & Transport Cabinet Committee 8 August 2019, a Record of Decision 19/00053 gave a wide range of authorities to allow the scheme to proceed.  However, compulsory purchase is a strong power available to local authorities and it is appropriate to seek an updated and specific authority for its use.

How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’

The scheme supports the objectives by reducing congestion, improving the highway infrastructure to provide more reliable journey times and improved public transport links and accessibility, to support Kent business and housing growth and encourage economic activity to benefit the local and wider communities.

As Cabinet Member for Highways & Transport, I agree to:

i) all acts required to carry out and complete the Dover Fastrack scheme;

ii) all acts required to acquire the land and rights for the carrying out and completion of the Dover Fastrack scheme, including by means of a compulsory purchase order;

iii) the delegation to the Interim/Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member, any further or other decisions as may be appropriate to deliver the Dover Fastrack scheme;

iv) confirm that other decisions in Record of Decision 19/00053 remain extant.

The Cabinet Member for Highways and Transportation is requested to give approval to:

i) the feasibility design options for A229 Blue Bell Hill Improvement Scheme to be developed and further explored to establish a preferred option which best meets the objectives for the scheme;

ii) to progress the preferred option through the next stages of development and delivery including any ancillary works such as drainage and environmental mitigation;

iii) to submit a planning application/development consent order for the scheme, following completion of the outline design process and public consultation;

iv) take all steps necessary to obtain and implement all Statutory Orders and approvals or consents required for the schemes;

v) all acts required to acquire the land and rights for the carrying out and completion of the A229 Blue Bell Hill Improvement Scheme, including by means of a compulsory purchase order;

vi) to enter into Agreements to allow the County Council to design and deliver a scheme on Highways England and Network Rail (High Speed 1) infrastructure;

vii) to enter into Large Local Majors funding, developer funding and other such funding Agreements subject to the approval of the Corporate Director for Finance;

viii) to enter into construction contracts as necessary for the delivery of the scheme, subject to the approval of Strategic Commissioning;

(ix)   the Corporate Director of Growth, Environment & Transport, under the Officer Scheme of Delegations, to take further or other decisions as may be appropriate to deliver the A229 Blue Bell Hill Improvement Scheme in accordance with these recommendations.

Background

The A229 Blue Bell Hill is a strategically important link providing the shortest route between the M2 and M20 and connecting both the County town of Maidstone and the conurbation of Medway.

The scheme is needed to provide improvements to the junctions at either end of Blue Bell Hill, A229/M2 J3 and A229/M20 J6, as well as the length of Blue Bell Hill itself, to provide safer and more reliable journeys for strategic traffic, including following the opening of the Lower Thames Crossing, and additional capacity to support local growth.

Options (other options considered but discarded)

Two options are currently being progressed (options 1 and 2 from the public consultation) and will be further developed to establish a preferred option which best meets the objectives of the scheme. A third option was presented at public consultation but has since been dropped as a result of further design work which showed unacceptable impacts on the M20 and surrounding area.

How the proposed decision meets the challenges in the Interim Strategic Plan

·         Economic Challenge - Bring forward infrastructure to stimulate economic growth

The project brings central government funding into the county to invest in infrastructure, supporting the construction industry and supply chain and providing an opportunity for green infrastructure.

·         Demand Challenge - Understand and meet long-term demand for transport

The project considers the use of active travel, providing facilities and routes for walking and cycling and provides additional capacity to accommodate future growth.

·         Demand Challenge - Invest in effective prevention

The project provides opportunities for asset upgrades and maintenance as part of the scheme, provides improved quality assets and aims to minimise future maintenance liabilities.

As Cabinet Member for Highways and Transport, I agree to approve the following:

i)          the feasibility design options for A229 Blue Bell Hill Improvement Scheme to be developed and further explored to establish a preferred option which best meets the objectives for the scheme;

ii)         to progress the preferred option through the next stages of development and delivery including any ancillary works such as drainage and environmental mitigation;

iii)        to submit a planning application/development consent order for the scheme, following completion of the outline design process and public consultation;

iv)        take all steps necessary to obtain and implement all Statutory Orders and approvals or consents required for the schemes;

v)         all acts required to acquire the land and rights for the carrying out and completion of the A229 Blue Bell Hill Improvement Scheme, including by means of a compulsory purchase order;

vi)        to enter into Agreements to allow the County Council to design and deliver a scheme on Highways England and Network Rail (High Speed 1) infrastructure;

vii)       to enter into Large Local Majors funding, developer funding and other such funding Agreements subject to the approval of the Corporate Director for Finance;

viii)      to enter into construction contracts as necessary for the delivery of the scheme, subject to the approval of Strategic Commissioning Board;

ix)        the Corporate Director of Growth, Environment & Transport, under the Officer Scheme of Delegations, to take further or other decisions as may be appropriate to deliver the A229 Blue Bell Hill Improvement Scheme in accordance with these recommendations.

·   Background

Vision Zero road safety strategy for Kent states an ambition of zero deaths on Kent’s roads by 2050, adopting the Safe Systems Approach which includes: Safe Roads and Streets, Safe Speed, Safe Behaviours, Safe Vehicles and Post Collision Response, to achieve this goal. The strategy proposes ‘Community CIRCLE’ listening to and working with local communities to reduce road danger, to enable KCC to be more proactive in our approach.

·     Options (other options considered but discarded)

Not to adopt the new strategy  but this would mean continuing with a primarily reactive approach to road safety which does not reflect the ambition of zero deaths on Kent’s roads by 2050 or the broader proactive working with partners and local communities supported by the Safe systems approach

·   How the proposed decision meets the challenges in the Interim Strategic Plan

Financial Challenge: Cost Avoidance: The costs from road injuries are significant, the social care implications alone of a serious injury to a child are substantial. Safer roads and streets will lower these costs in the long term. It is also essential that this authority produces an ambitious strategy to stand a good chance of attracting central government and grant funding.

Economic Challenge: Development of safer streets could be part of the investment to spur growth. Increasing the public’s confidence that their journey will be safe, can only benefit the economic recovery from the pandemic.

Demand Challenge: Working with partners, stakeholders, and communities to share responsibility for road safety will in the medium to long term reduce demand for KCC services.

Partnership Challenge: Vision Zero - Safe Systems – Community CIRCLE is all about working in partnership to achieve combined goals. Partnering with communities, stakeholders, internal teams, and departments. Working with KALC members will be the focal point.

Environmental Challenge: Creating safer streets will encourage more walking and cycling and lower car use with benefits for health, environment, and air quality. The focus on safer vehicles will also have benefits in creating cleaner vehicles.

·   Financial Implications:

It is essential that the authority maintains its financial commitment to road safety education and engineering. The revenue budget for the Casualty Reduction Team for staff and education, training and publicity, transport intelligence, safety camera partnership, safer mobility and road crossing patrols currently stands at £1,810k pa. This does not include the capital budgets required for engineering works.

The implementation of the strategy and the drafting and development of subsequent delivery plans will be met from existing base budgets. This will allow us to build the evidence base to leverage in central government funding, the level of which will depend on how quickly we will be able to meet our Vision Zero aspirations. At the time of writing, we do not have details for the next funding round.

There are therefore no direct immediate financial implications for this strategy, as it outlines a new approach which can be tailored to available funding. In the longer term the adoption of this strategy will enable KCC to lever higher levels of funding for safer roads and streets from central government and charities.

Reducing the level of serious injuries on Kent’s roads will also reduce the County Council’s spending on social care and special education.

·     Legal Implications  

There are no legal issues regarding the strategy.

·     Equalities implications

An EqIA was undertaken before we went to consultation which showed no major equalities issues. Representatives of protected characteristic groups were invited to consult on the strategy and attend stakeholder meetings. Disability groups for instance have contributed to the consultation and are supportive of Vision Zero. 

·     Data Protection implications

The consultation report has been developed closely with the consultation team to ensure that no personal data is shared.

As Cabinet Member for Highways and Transport, I agree to formally adopt Vision Zero – The Road Safety Strategy for Kent 2021 – 2026 for subsequent development of delivery plans and pilots.

Proposed decision:

Adoption of Highways Asset Management Plan 2021/22-2025/26 – An Investment Strategy and Action Plan for the next 5 Years.

To adopt and publish a single document that sets out our approach to highways asset management over the next five years.

Background and reasons:

Over the past years we have significantly developed our approach to highways asset management enabling KCC to maximise Department for Transport (DfT) funding. As part of this work, KCC has formally adopted various key documents - Our Approach to Asset Management in Highways, Implementing Our Approach to Asset Management in Highways and Developing Our Approach to Asset Management in Highways. We have also introduced various measures to implement the Well-managed Highway Infrastructure (WMHI) code of practice, again resulting in the adoption and publication of a range of documents – Applying the code of practice in Kent, Implementing the code of practice in Kent and A Risk Based Approach –

Service Level Risk Assessments. As a result we have been able to demonstrate consistently that we are a Band 3 DfT Incentive Fund authority, make the case for additional funding, and optimise our ability to defend claims. Collectively, these published documents form our existing Highways Asset Management Plan (HAMP).

Despite making significant progress in recent years, we, as other highways authorities, are in an increasingly challenging environment, with deteriorating assets, increasing traffic volumes, uncertainty around future funding and, more recently, facing the impacts of the global pandemic.  It is therefore timely to develop a new single and updated HAMP document, to identify a clear investment strategy and associated action plan for the future that is fit for purpose and recognises the challenges and opportunities ahead.

The new document is a forward-looking document covering the next five years which:

•           includes a vision statement

•           sets out how highways asset management, as a key enabling service, contributes to achieving strategic outcomes and delivering Kent’s interim strategic plan

•           describes how we go about asset management and risk-based decision-making

•           explains what we know about the condition of our assets both now and going forward based on various investment levels

•           sets out what our service levels are in terms of what we do and what we do not, alongside an assessment of associated risks

•           outlines our asset management and WMHI improvements and achievements in recent years

•           includes a five-year forward works programme (for specific asset groups), and

•           lists the actions we will take forward in the coming years to further improve our approach to asset management, maximise asset lifespans, reduce lifecycle cost and improve future maintainability. 

In addition to being an asset management plan for highways, the document essentially amounts to an Investment Strategy and Action Plan for the next five years. It seeks to move towards treating the management and maintenance of our highway assets as a multi-year plan, rather than an annual one. In that respect, the document highlights the importance of consistency of (broad levels of) funding and approach over that longer period, to enable us to deliver a more efficient service with better condition outcomes.

At the time of writing, the Department for Transport has only confirmed the levels of capital grant to be provided for highway maintenance in 2021/22.  This funding is, in real terms, around 20% lower (around £9m) than in 2020/21 (but higher than 2019/20), though KCC was able to maintain existing budget levels overall in 2021/22 using unallocated 20/21 resource.

 There is considerable uncertainty about DfT funding in 2021/22 and beyond.  In the event that available resource over the next five years is considerably different to the broad levels of funding assumed in our analyses, (based on current funding levels continuing), the new strategy  provides detailed information to enable informed decision-making around how we  prioritise investment going forward. The HAMP document confirms our approach to asset management and how funding is allocated, which is particularly important in the event that funding reduces.

The main document also proposes new maintenance hierarchies for our road and footway  assets, following detailed work during the last year in which we examined a number of options. The preferred hierarchies are based on those recommended in WMHI, as these provide sufficient granularity for our use given the scale and make-up of Kent’s network. For roads, we have adjusted the WMHI hierarchy to include our Resilient Highway Network as a new top category. The proposed hierarchies also enable us to adjust our future inspection and maintenance approach, for example to move resource away from little used or impassable country tracks, so that higher risks can be targeted.

The new HAMP document also sets out in detail the asset management and related services we provide (and equally those we do not), and an assessment of risk associated with that balance.

As Cabinet Member for Highways and Transport, I agree to adopt and publish a single Highways Asset Management Plan document that sets out our approach to highways asset management over the next five years.

The Cabinet Member for Highways and Transportation is asked to give approval for the County Council

i) to progress the proposed junction improvements as indicatively shown on drawings SK24 Rev 4; and SK49 Rev D and SK50 Rev D through surveys, design and construction;
ii) to submit the proposed junction improvements shown on drawings SK24 Rev 4; and SK49 Rev D and SK50 Rev D for Land Charge disclosures and development control;
iii) to take a transfer of land for the B2160 junction improvements from the adjacent housing development under a S106 planning obligation and to acquire other land and rights as necessary;
iv) to progress all statutory approvals and consents required for the scheme including detailed planning consent, drainage and environmental consents and securing temporary use of land for a construction site compound;
v) to enter into construction contracts as necessary for the delivery of the scheme, subject to approval of the Infrastructure Commissioning Board to the recommended procurement strategy; and
vi) for any further decisions required to allow the scheme to proceed through to delivery to be taken by the Interim/Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member.

·   Background

Paddock Wood is a housing growth area within Tunbridge Wells Local Plan.  Three developments at Mascalls Court Farm, Mascalls Farm and Church Farm were given planning consent in 2018.  Development progress is at various stages but has started at all three sites and together they will deliver nearly 1,000 new homes.  As part of the traffic mitigation to accommodate these new developments, improvements were identified for the A228/B2017 and B22017/B2160/Mascalls Court Road junctions.

The proposed improvement of the A228/B2017 junction is for an enlarged roundabout within the existing highway boundary to achieve  an increased diameter with wider entry lanes and more circulating space.  The proposed improvement of the B22017/B2160/Mascalls Court Road junction is to locally realign the B2170 and change the current staggered priority junction into a traffic signal-controlled crossroads together with pedestrian crossing facilities.

As three developments are involved with no individual development willing to take overall responsibility or liability to implement the works under a S278 agreement, the former Leader of the County Council decided in 2014 that KCC would deliver the junction improvements and the S106 agreements were completed on that basis.

The S106 agreements have intervention triggers but there was an over-riding longstop date of 1 April 2021 whereby KCC was obliged to notify the developers of its intent to progress the improvements.  That notification was issued on 29 March 2021 and that triggered the full or progressive payment of the contributions such that they will all have been received by 31 December 2021.  There is also an obligation to transfer a small area of land required for the B2017/B2160/Mascalls Court Road junction scheme.

KCC has a ‘reasonable endeavours’ obligation to complete the improvements by 1 April 2023.  However, while Officers are proceeding diligently, surveys are required before detailed design can proceed, public engagement will be required and the B2017/B2160/Mascalls Court Road junction proposal will require planning consent and it is possible that construction may not be able to start before spring 2023.  One agreement also has an obligation to return the contribution if the improvements have not started within 5 years – April 2026 – however, the construction period is only about 9 months and so that risk is minor.

·   How the proposed decision meets the objectives of ‘Increasing Opportunities, Improving Outcomes: Kent County Council’s Strategic Statement (2015-2020)’

The scheme supports the objectives by reducing congestion, improving the highway infrastructure to provide more reliable journey times and improved public transport links and accessibility, to support Kent business and housing growth and encourage economic activity to benefit the local and wider communities.

As Cabinet Member for Planning, Highways, Transportation and Waste, I agree to give:

i.          Approval to progress the proposed junction improvements as indicatively shown on drawings SK26 Rev P4; and SK49 Rev A and SK50 Rev B through surveys, design and construction;

ii.         Approval for the proposed junction improvements shown on drawings SK26 Rev P4; and SK49 Rev A and SK50 Rev B to be used for Land Charge disclosures and development control;

iii.        Approval to take a transfer of land for the improvements from an adjacent housing development under a S106 planning obligation and acquire other land and rights as necessary;

iv.        Approval to progress all statutory approvals and consents required for the scheme including detailed planning consent, drainage and environmental consents and securing temporary use of land for a construction site compound;

v.         Approval to enter into construction contracts as necessary for the delivery of the scheme subject to the approval of the Infrastructure Commissioning Board to the recommended procurement strategy; and

vi.        Approval for any further decisions required to allow the scheme to proceed through to delivery to be taken by the Corporate Director of Growth, Environment & Transport under the Officer Scheme of Delegations following prior consultation with the Cabinet Member.

Reason(s) for decision:

Government confirmed in late June that the COVID Local Support Grant would be extended over the Summer Break.  While previous acceptance and management of related grants was possible via delegated authority arising from previous decisions, it is appropriate and necessary for these previous arrangements to be noted and the ongoing acceptance of the Grant to be subject to Executive Member decision-making.

Government confirmed on 6 July 2021 that the extension would make £4.239m available for use over the Summer break.

Reason for urgency

Confirmation from Govt of the latest extension and associated arrangements prevents compliance with normal Executive decision-making timeframe while allowing for implementation in advance of the School Summer break.

Background

Urgent Decision 20/00110 was taken in November to accept the £4.5m  Government’s Covid Winter Grant and allocate it as follows:

·          £2.5m on providing vouchers during the Christmas and February school holidays to families with children in receipt of benefits-related Free School meals, and other low income families as set out in paragraph 2.4

·          £900k to be allocated to Districts, on the same funding formula used by DWP, to target vulnerable households in their areas

·          £800k to be used by KCC services to distribute to families in financial hardship

·          £500k to be earmarked for low income families who need help with food and utilities bills

The grant had to be spent between early December 2020 and 31 March 2021.

Subsequent to this initial COVID grant, various extensions and additional grants have been provided by Govt.  These have been processed by KCC through a mixture of existing Officer delegation (where permitted under the previous decisions) and additional Executive Member decisions.

The DWP advised LAs that “for the summer break it is unlikely that we will be in a position to notify LAs of any funding extension until early/mid-June 2021 and appreciate that this is not ideal as LAs would prefer much more notice in order to plan and prepare for a grant extension.”  The DWP issued a draft letter to LAs on 21 June 2021 informing them that the Covid Local Support grant will be extended over the summer break, with funding to be spent by 30 September 2021.  Therefore, it is certain that the usual democratic processes cannot be adhered to, and an urgent decision will need to be taken by the Leader.

As Leader of the Council, I agree to:

1) Accept the grant extension from the COVID Local Support Grant for use in line with the guidance published by Department of Work and Pensions and relevant terms and conditions

2) Confirm the arrangements used to deploy previous grant funding administered under the delegated authority from Key Decision 21/00038

2) Approve use of the grant to support the provision of vouchers to families with children in receipt of benefits-related Free School Meals or families in need of support through KSAS during the Summer 2021 school holidays.

3) Authorise the Corporate Director Finance to take any other actions needed to ensure that the grant is spent in full by the date stipulated by the Department for Work and Pensions.

4) Authorise the Corporate Director Finance to take other necessary actions, including but not limited to entering into contracts or other legal agreements, as required to implement this decision.

5) Authorise the Corporate Director Finance to accept and administer any further grant monies providing they are given by government on very similar terms of reference and that they can be appropriately managed under the funding / governance framework put in place by this decision.

Reason for the decision

In March 2021, Cabinet approved the creation of the programme and agreed to delegate authority to the Corporate Director for Children, Young People and Education, in consultation with the Leader and the Cabinet Members for Integrated Children’s Services and Education and Skills, to take necessary actions, including but not limited to, entering into relevant contracts or other legal agreements, as required to establish the programme and undertake relevant preparatory work within normal delegated spend thresholds.

The programme commenced in April 2021 and resource has been seconded to deliver the programme. In accordance with the decision of Cabinet in March 2021, a further key decision is needed to confirm the scope, objectives, outcomes and funding of the Reconnect Programme, together with confirmation of the governance and delegation arrangements to enable Reconnect to successfully achieve KCC’s aim of reconnecting children and young people in Kent to: learning missed; sport, activities and the outdoors; health and happiness; friends, family and communities; and economic wellbeing.

Background

The Covid-19 pandemic has significantly affected children and young people, and it is recognised nationally and internationally that children and young people have sacrificed more than most over the course of the pandemic. The County Council determines it vital that the whole Kent community supports our children and young people to reconnect with the things they have missed over the past year.

The programme will run from April 2021 until the end of August 2022 and will be available to all children in Kent, from the age of 2 to 19 years old (or 24 years old if they have special educational needs and/or disabilities).  The programme’s activities and support will meet different levels of need and will be in addition to, rather than instead of, existing services.

The programme will be delivered via a combination of existing networks and structures, including Local Children’s Partnership Groups and new “Theme Teams”, which will co-ordinate local delivery of the programme and make recommendations on where programme funding should be spent. A “Network Champions” scheme has been established to expand the reach of the programme and promote engagement and involvement with the programme at a local level.

An initial governance structure, consisting of a multi-agency Executive Board and an operational Delivery Board, has been established to oversee Reconnect and manage the allocated budget. The Delivery Board will lead on the operational delivery of the programme, and co-ordinate the “Theme Teams”, and the Executive Board will provide strategic direction for the programme. Reconnect will also link to existing KCC governance structures, reporting to CYPE’s DMT, CMT, Cabinet and Cabinet Committees as appropriate.

Options

The options considered were:

·    Option 1 – do nothing.

·    Option 2 – use existing structures only to deliver new initiatives.

·    Option 3 – use existing structures and create new temporary structures to deliver new initiatives.

·    Option 4 – use new structures only these to deliver new initiatives.

Option 3 was selected as the best option for delivery of the programme because existing networks and connections can be utilised, and additional structures and resources can drive the programme and create change. This option carries a funding requirement because resources are required to introduce, integrate and manage new structures, but this option provides the framework that gives the programme the greatest chance of success.

Alignment of the programme to KCC’s strategic objectives

The County Council’s stated vision for Children and Young people is:

“We want the best for all children in Kent. Our driving ambition is to deliver the best outcomes we can for all children, young people, and their families. We constantly aim for Kent to be the most forward-looking area in England for care, education and learning, supported by specialist and early help services so that we are the best place for children and young people to grow up safely, learn, develop and achieve.”

The Reconnect programme seeks to support the achievement of this vision, providing enjoyable opportunities for children and young people to engage in to help them be safe, learn, develop, and achieve.

Cabinet agrees to:

1.      Set the scope of Reconnect as per section 4.1 of the attached report.

2.      Agree the aims, strategic objectives and outcomes of Reconnect as per section 3 of the report.

3.      Agree a specific Reconnect reserve of £10m, the funding principles and the criteria within which Reconnect will operate as set out within section 6 of the report, including the Funding Framework that is intended to provide sufficient flexibility to respond to the needs of the County and the allocation of additional funding sources that may become available over the life of this project, as set out in section 6.4 of the report.

4.      Confirm the governance arrangements for Reconnect, as set out in section 8 of the report.

5.      Delegate authority to the Corporate Director for Children, Young People and Education to take necessary actions, including but not limited to, entering into relevant contracts or other legal agreements, as required to implement Reconnect.

6.      Delegate authority to the Corporate Director of Finance, after consultation with Leader, to update, review and amend the proposed distribution of funding in response to changing need, including use of additional funding within the scope of the programme.