Local Highway Panels (LHPs)
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1 Local Highway Panels (LHPs) Terms of Reference November 2016
2 Background Local Highway Panels (LHPs) have been set up in all 12 Borough/City/Districts. These panels are responsible for making recommendations and setting priorities for highway schemes in their areas. County and Borough/City/ Districts Members meet on a quarterly basis to discuss and mutually consider Highways expenditure within their local City District or Borough boundaries. The LHP is Accountable for: Recommending the annual LHP programme for submission to the Cabinet Member with responsibility for Local Highway Panels. Documenting highways issues raised by residents and the community in its area, so that the concerns can be investigated and the possibility of addressing these through engineering solutions can be validated. The LHP is Responsible for: Ensuring that when making recommendations the LHP: Harlow Epping Forest Uttlesford Brentwood City of Chelmsford Basildon LHP Terms of Reference Has regard to the annual LHP Budget. Ensures that any schemes submitted to the Cabinet Member for approval which do not meet ECC policies, strategies and standards are clearly identified as such and are made on the basis of a unanimous decision of all LHP members present and voting at a meeting having considered all alternative measures. Considers whether schemes can be funded from s106 monies and whether the LHP is prepared to recommend schemes which can be part funded by s106 money. Braintree Castle Point Maldon Rochford Colchester Tendring Above: Ashwell s scheme, Brentwood, before work carried out Ensures that the County s Prioritised Road Safety Schemes are included in the annual LHP programme in order to enable the County Council to fulfil its statutory duty. Ensures that as far as possible that recommended schemes meet ECC policies, strategies and standards and have due regard to the advice from Officers. Ensures that LHP schemes do not conflict with s106 schemes Undertaking a review of the annual local road safety schemes report for the LHP area and the prioritised Casualty Reduction Schemes. Referring to the Cabinet Member any prioritised Casualty Reduction Schemes that the LHP does not wish to include in the annual LHP programme. Above: Ashwell s scheme, Brentwood, on completion 2 LHP Terms of Reference
3 Approving Cabinet Member Briefings and Cabinet Member Action papers for the approval of the prioritised annual programme and any other issues requiring Cabinet Member approval. Recommending work to be undertaken by the Highway Rangers and receive reports of the minor works to be undertaken by the Highway Rangers. Monitoring the delivery of the annual LHP programme. Considering and respond to any requests referred to the LHP by other council constituted bodies, panels or groups. Provide feedback as requested, regarding the effectiveness of the activities of Essex Highways within the LHP Area. Membership A LHP has been established for each Borough, City and District in Essex. Membership of the LHP is as follows: Four County Councillors to be appointed by the Cabinet Member (three in the Maldon which has three County Councillors) on the recommendation of the Chairman of the LHP. Four Borough/City/District Councillors (three in the case of Maldon) to be nominated by the Borough/City/District Council. The LHP Chairman will be appointed by the Cabinet Member with responsibility for Local Highway Panels, and will usually be a County Member. The LHP Chairman will appoint another member of the LHP to be Vice Chairman. The Vice Chairman can be either a County or a Borough/ City/District Member. LHP Members cannot nominate substitutes to attend on their behalf. The political balance of the LHP must reflect the political balance of the County Council wherever possible. The ECC Cabinet Member with responsibility for LHPs and his/ her Deputy are entitled to attend LHP meetings. County Councillors representing divisions within the LHP area are encouraged to attend as observers. The LHP Chairman may invite Borough, City, District and Parish representatives to attend the LHP as observers. If a LHP wishes to operate a different Membership, approval must be sought from the Cabinet Member with responsibility for Local Highways Panels. LHP Terms of Reference 3
4 Meetings LHP meetings should be held at least quarterly. The LHP meeting will be quorate if three Members and either the Chairman or Vice Chairman are present. Where a Member is unable to attend a meeting, he or she can submit a written report to be included in the agenda or submit a written representation on a particular agenda item. The LHP meetings are not open to attendance by the public or the Press other than by specific invitation of the Chairman. Meetings are not broadcast. The Chairman can invite non- Members to attend LHPs to provide specialist advice or information. Essex Highways will provide officer support to the LHPs. Information Sharing and Resources Agendas will normally be posted on the ECC LHP webpage and circulated to LHP Members at least 28 days before the meeting. Late items may be added to the agenda with the agreement of the LHP Chairman. Minutes and scheme programmes will normally be updated on the ECC LHP webpage within one month of the LHP meeting. Briefing notes and agendas must be prepared in line with the ECC communications policy. Written material should be in Arial font at a minimum 12 point size. Decisions on recommended schemes taken by the ECC Cabinet Member with responsibility for Local Highway Panels will be published on the ECC website and shared with LHP Members. LHPs will use the standard ECC templates for agenda, minutes, scheme lists and work programme so that there is consistency across all LHPs. The secretariat and meeting room will normally be provided by Borough, City or District Council but this may be changed by the Cabinet Member with responsibility for the LHPs. The public may submit written questions to the LHP. These questions will either be answered in writing or the Chairman may invite the questioner to attend the meeting to receive the answer orally. A programme of meeting dates for the full financial year will be agreed and published in advance to ensure that preparations can be made for reporting. Any request for an LHP to operate outside these rules will require written agreement of the Cabinet Member with responsibility for the LHPs. 4 LHP Terms of Reference
5 Funding The LHP budget is intended to be used to implement Local Safety Schemes and make other local highways improvements for the benefit of the Borough/City/ District. LHP Capital Budget The total LHP capital budget is approved annually by Essex County Council and is allocated to individual LHPs in line with the ECC approval formula. The LHP Formula = % of total sum of employment, population and road Length (from 2010) in district from total sum of employment, population and road Length in county (subject to dampening rational). The percentage allocation per LHP is set out opposite. Further funding may be identified by the City/Borough/District Councils and match funded by Essex County Council. The availability and level of match funding will be agreed on an annual basis. The annual prioritised capital funded schemes are agreed by the LHP. They may include but are not limited to: Casualty reduction schemes Traffic management improvements Tackling congestion Public Rights of Way improvements Cycling schemes Passenger transport improvements Minor improvement schemes LHP Percentage Basildon 12.50% Braintree 10.19% Brentwood 5.62% Castle Point 5.72% Chelmsford 12.50% Colchester 12.50% Epping Forest 8.74% Harlow 6.09% Maldon 5.00% Rochford 5.35% Tendring 9.88% Uttlesford 5.90% Total 100% Dampening Dampening = No individual district to receive more than X or less than Y (2016/17 X = 500k and Y = 200k). Remaining money is then distributed as per original percentage between the remaining districts that have not had a dampening effect applied Employment and Population Source: East of England Forecasting Model (Autumn 2010 forecasts) & the Office of National Statistics Mid 2010 population estimates Road Length Source: Hi Net (official record of Highways, used by ECC to report road lengths to DfT) in 2010 Continues overleaf... LHP Terms of Reference 5
6 Funding (continued) Capital Budget Continued... The requests for schemes can come from various sources but the LHP Members must agree the final list to be presented to the Cabinet Member for approval. Road Safety Schemes The Road Safety Schemes will be prioritised annually by Essex Highways following the confirmation of the annual collision data, (the annual road safety data set is measured during over the calendar year, Jan Dec and reported to the Department for Transport). The collision analysis is undertaken across the county and sites are prioritised on the basis of those that can be effectively treated with engineering measures to reduce the number of people killed or seriously injured in road traffic collisions. The Cabinet Member will receive recommendations for the Road Safety schemes in July Once approved these will be included in the next annual LHP programme or funded from other funding allocations as set out below: Schemes up to the value of funding agreed by the Cabinet Member on an annual basis will be included in the LHP s annual programme of work. Schemes above the individual LHP budget allocation up to 500k will be considered by the Cabinet Member and funding source determined. Schemes over 500k will be considered for Capital funding based on their business cases and forecast reduction in casualties. Any funding concerns must be raised directly with the Cabinet Member. Other LHP Schemes The LHP should initially commission more schemes than the budget allocation so that as many schemes as possible can be delivered by the end of the financial year. LHP funding should not be used for maintenance or Traffic Regulation Orders for new parking restriction. Maintenance schemes are prioritised separately as part of the maintenance programme. Requests for Traffic Regulation Orders to prohibit or limit parking are considered and prioritised by the Parking Partnerships. Any local maintenance or parking concerns should be raised for consideration with the appropriate channels. Only in exceptional circumstances should the LHPs include these within their programme. LHP to Major Schemes Where schemes are identified by either the LHP or the Road Safety Team, whose predicted costs are between 200,000 and 500,000 a decision will need to be made by the Cabinet Member regarding funding allocation. If the predicted scheme cost exceeds 500,000 the scheme will be classed as a major intervention and will be removed from the LHP priorities list as it will need to adhere to the major schemes development process. It is assumed that for major LHP derived projects the necessary studies and investigations will have been carried out, for example: that the scheme has had up to date traffic surveys, has gone through necessary optioneering, and public consultation if necessary. For Road Safety derived projects the necessary studies and investigations will have been carried out using separate resources. The scheme can only proceed and be eligible for capital funding once it has completed the necessary studies and investigations. The scheme if eligible for capital funding will then be passed to the Major Projects Team for consideration for advanced Scheme Design. There is no guarantee that any particular scheme will be prioritised for advanced scheme design as this is only undertaken on schemes where there a strong economic benefits and a robust business case outlining the need for the scheme. In some instances schemes may be included in a package of measures for a funding bid. If the project is eligible for advanced scheme design there is still no guarantee that the scheme will be delivered as an appropriate source of funding will need to be identified for example the Local Enterprise Partnership. LHP Revenue Budget LHPs also have access to revenue budget. This budget is pay for the Highway Rangers Service and to fund any ongoing revenue maintenance of VAS/SID equipment. It is also required to carry out surveys prior to a scheme being commissioned. Highway Rangers undertake works across the County that are too small to give to a contractor but make a huge difference to the appearance of the area. These will include small scale maintenance works such as repainting or straightening a signpost; cutting back vegetation that is obscuring a road sign; strimming an overgrown highway verge or cleaning the road signs in an area. 6 LHP Terms of Reference
7 LHP Working Protocols City/District/Borough to provide the secretariat function for the LHP. LHPs will operate in line with the Terms of Reference. Recommendations agreed by LHP Members must be clearly minuted. Actions must clearly identify the responsible person including the Highways Liaison Officer. All meeting agendas must be posted on the website and circulated to Members a minimum of one month before the meeting. Minutes to be published on the ECC LHP webpage within one month of the meeting. LHPs must maintain a regularly updated Potential Schemes List from which an Approved Works Programme can be determined. All schemes promoted by the LHP must comply with ECC policies, strategies and standards. Prioritisation and delivery of Casualty Reduction Schemes must conform to the County s Statutory Duty. All schemes must undergo a validation process. LHPs must have regard to the advice from ECC/EH officers on all relevant statutory and duty of care requirements. In setting priorities for local scheme selection, Members will need to have due regard to the responsibilities of the County Council.These will include, although are not limited to, its statutory duties, standing orders and financial regulations. Schemes included within the LHP delivery programme may not be deliverable within one financial year. Where a two-year programme is developed, schemes will be developed and designed in year one and programmed for delivery in year two. If the scheme requires land that is not within the highway boundary or within ECC ownership then the scheme cannot be included in the delivery programme until the land negotiations have been completed. Initial design work will be required in order to commence land negotiations. Land negotiations can take between 12 and 18 months to complete. The LHP cannot allocate funding to the scheme delivery until the land negotiation phase has been completed. LHP recommendations cannot be agreed outside of formal LHP meetings. The Chairman can use his discretionary powers, by exception, when a scheme top up is required for 20% of the scheme costs up to a maximum of 10k. LHPs can make recommendations towards topping up other non LHP, schemes which have a local improvement aspect to them, this includes, but is not limited to - Surface Water Alleviation Schemes (SWAS), footway improvements which involve surfacing, S106 schemes and street lighting. LHPs may only consider and prioritise areas of work defined in this document. LHPs should make best use of their resources by considering implications on other programmes and taking into account work that may already be planned within other funding streams. Allocated funding must reflect priorities of the LHP across the whole Panel area and must not be sub-divided by Division or Subarea. LHP funding is only for minor highway capital infrastructure improvement schemes up to a value of 500,000 or the maximum capital budget allocation per LHP where this is less than 500,000. Requests for funding to be slipped into the next financial year is not automatically approved. Representations must be made to the Cabinet Member by end of October each year. LHP funding cannot be used for Highway Maintenance projects. Maintenance concerns should be sent to the Report a Highway Problem web page Where the Panel considers that a site visit with the HLO to review LHP schemes is essential, this will need to be agreed by the County Member for that area. Site visits must only relate to LHP schemes. Site visits cannot cover maintenance concerns or general area walkabouts. The LHP Terms of Reference will be reviewed on an annual basis and any suggested amendments reported to the Cabinet Member. Approved changes will be incorporated in a revised document and circulated to all LHP Chairmen. All LHP matters can be subject to review by the ECC Cabinet Member with responsibility for LHPs. LHP Terms of Reference 7
8 Definition of Terms ECC - Essex County Council EH - Essex Highways CM - Cabinet Member with responsibility for Local Highway Panels LHP - Local Highway Panels HLO -Highway Liaison Officer COA - Chief Officer Action CMA - Cabinet Member Action CMB - Cabinet Member Briefing CRS - Casualty Reduction Schemes DMRB - Design Manual for Roads and Bridges TSRGD -Traffic Signs Regulations and General Directions 8 LHP Terms of Reference
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