Future Delivery of Public Rights of Way (PROW) & Traffic Regulation Orders (TRO)
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To recommend approval of the insourcing of the Public Rights of Way (PROW) and Traffic Regulation Order (TRO) now to be known as Traffic Management (TM) Services from the Public Realm Contract delivered by Balfour Beatty Living Places (BBLP) which will involve the necessary TUPE staff transfer process.
a) That the Public Rights of Way (PROW) and Traffic Management (TM) Services currently delivered by BBLP on behalf of the Council as part of the Public Realm Contract, be insourced to Herefordshire Council for delivery as Phase 1 of a transformation of services project;
b) That the Public Realm contract currently delivered by Balfour Beatty Living Place be varied accordingly to enable the insourcing of PROW and TM Services to the Council;
c) That staff within the Public Rights of Way and Traffic Management Services be transferred to Herefordshire Council in line with Transfer of Undertakings (Protection of Employment) regulations (TUPE);
d) That a Service Level Agreement (SLA) be entered into with Hoople for the delivery of all revenue maintenance activities for PROW.
e) A formal review of the PROW/TM service is undertaken post April 2022 as Phase two and any outputs and recommendations are presented in a further report for Cabinet Member approval by November 2022; and
f) That all operational and budgetary decisions regarding this transfer be made by the Interim Service Director Environment, Highways and Waste following consultation with the s151 Officer;
Alternative options considered:
1. The Public Rights of Way (PROW) and Traffic Management (TM) Services could remain within the Public Realm Contract to be delivered by Balfour Beatty Living Places (BBLP) without triggering TUPE. This is not an option as BBLP have already provided formal notice to the council of the intention to transfer those services back to the council.
2. The PROW/TM services could be procured through an alternative provider (involving either the TUPE transfer of staff or utilising their own staff). This is not recommended as it would not meet the aims and objectives of the transfer and is likely to have further increased cost and time implications.
3. The entire PROW/TM services could be transferred to Hoople with a Service Level Agreement. This is not recommended as the Council is the Local Highway Authority and has structures in place which are best suited to deliver PROW and TM services and insourcing the teams into the Economy and Environment Directorate will better meet the aims and objectives of this project.
4. The revenue maintenance activities for PROW could also be brought back and delivered directly by the Council. This is not recommended as Herefordshire Council do not currently have any other direct labour and it would be safer and more efficient to deliver this area of service via Hoople through a service level agreement (SLA).
Reason Key: Expenditure;
Wards Affected: (All Wards);
Contact: Paul Kennedy, Highways and Public Realm Contract Manager Email: Paul.Kennedy@herefordshire.gov.uk Tel: 01432 383766.
Publication date: 31/01/2022
Date of decision: 31/01/2022
Effective from: 05/02/2022
- Future Delivery of Public Rights of Way (PROW) & Traffic Regulation Orders (TRO)