Decision details

Proposed decision:

To agree to:

1. Kent County Council continuing to participate in a non-statutory voluntary Sub National Transport Body (SNTB) for the South East, known as Transport for the South East (TfSE), at the cost, for the purposes, and with the membership, set out in the accompanying report; and

2. Delegate to the Corporate Director Growth, Environment and Transport to take, in consultation with the Cabinet Member for Highways and Transport, the actions necessary to implement the decision, subject to the Council’s decision-making procedures.

Reason(s) for decision:

Background

The Cities and Local Government Devolution Act 2016 amended the Local Transport Act 2008 to allow the creation of Sub-national Transport Bodies (STBs). There are now several shadow STBs in England, with Transport for the North becoming the only statutory STB in April 2018.

Transport for the South East (TfSE) is a partnership of 16 Local Transport Authorities and five Local Enterprise Partnerships. In July 2020, TfSE’s Shadow Board adopted a Transport Strategy. TfSE applied to Government to become a Statutory body in July 2020, submitting a business case following adoption of the Transport Strategy. In October 2020, TfSE was notified it would not be granted statutory status for the foreseeable future. TfSE had also embarked on a series of Area Studies and Thematic Strategies (Freight and Future Mobility) in August 2020 and which are completing in early 2022. These completed studies will enable the preparation of a Strategic Investment Programme for submission to government, following public consultation, in 2023.

Financial Implications

As a constituent authority, KCC contributes £58,000 per year to fund the development of TfSE. The Department for Transport (DfT) has provided funding support to TfSE, most recently to a value of £1.625m within Financial Year (FY) 2021/22. Funding for future FYs has not yet been confirmed by DfT.

Legal Implications

Invicta Law have previously provided advice that KCC’s Constitution requires Transport for the South East to be listed in Section 19, Partnerships. The Monitoring Officer will be informed of the decision and asked to list TfSE as an Outside Body on the Council website and also asked to update the Constitution consequent to the exercise of Executive power in relation to the decision taken concerning Transport for the South East. This advice remains valid for this decision.

Equalities implications

An Equalities Impact Assessment has been undertaken and provided alongside the decision report to Environment and Transport Cabinet Committee for consideration. TfSE have completed an EqIA for the Transport Strategy for the South East and are undertaking further assessment as part of an Integrated Sustainability Appraisal for the Area Studies and Thematic Studies.

Data Protection implications

A Data Protection Impact Assessment is not required as this project does not require the processing of personal data.

As Leader, I agree to:

1.    Kent County Council continuing to participate in a non-statutory voluntary Sub National Transport Body (SNTB) for the South East, known as Transport for the South East (TfSE), at the cost, for the purposes, and with the membership, set out in the accompanying report; and

2.    Delegate to the Corporate Director Growth, Environment and Transport to take, in consultation with the Cabinet Member for Highways and Transport, the actions necessary to implement the decision, subject to the Council’s decision-making procedures.