Meeting documents

Cabinet
Wednesday, 7th March, 2007

Bath & North East Somerset Council

MEETING:

Council Executive

MEETING DATE:

7th March 2006

AGENDA ITEM NUMBER

12

TITLE:

Greater Bristol Bus Network

EXECUTIVE FORWARD PLAN REFERENCE:

   

E

1573

WARD:

All

AN OPEN PUBLIC ITEM

List of attachments to this report:

1)  Draft Memorandum of Understanding with First Group, (M o U)

2)  Extract of paper following Value ManagementExercise.

1 THE ISSUE

1.1 The report outlines progress on the Greater Bristol Bus Network (GBBN) major scheme and recommends that the final bid be submitted to the Department for Transport for Full Approval. In making this bid, the Council needs to enter into an agreement with the other West of England partnership local authorities. This agreement covers the financial, legal and project management arrangements of the scheme. This agreement will ensure that each authority is responsible for delivery of its scheme elements, identified in the construction profile.

1.2 In making the bid to the Department for Transport, the 4 Councils are required to make certain commitments regarding longevity of the scheme (to provide assurance). To do this, in addition to the Memorandum of Understanding they are proposing to develop a Statutory Bus Quality Partnership Scheme and a Quality Bus Partnership Agreement which will also secure First Groups commitment. In addition some of the UA's but not Bath and North East Somerset will require where appropriate further agreement with the Highways Agency.

1.3 The final agreements with the Department for Transport and First Group and Highways Agency will not be signed until the Department for Transport has considered the submission and provided an offer letter to the Councils. The agreements will continue to be refined in the meantime.

1.4 That it be noted that following a value for money exercise and a construction price increase there has been an increase in the estimated cost of the project from £68.603M to a little over 70M. The £1.757m increase will require to be met by the 4 Unitary Authorities. For Bath and North East Somerset this amounts to £219K and will require to be funded from future LTP integrated transport settlements over the four year period of the scheme. This would be achieved by re-prioritisation of the Capital Programme or more hopefully by additional allocations in the DfT settlements over this period.

1.5 That to meet the assurance requirements of the Department for Transport it is proposed that a Statutory Quality Bus Partnership Scheme and a Quality Bus Partnership Agreement for each corridor be developed at the appropriate time.

2 RECOMMENDATION

2.1 The Council Executive resolves that:

2.2 The Greater Bristol Bus Network Major Scheme be submitted to the Department for Transport for Full Approval.

2.3 That the project management approach for the scheme as summarised in this report be noted and incorporated into the legal agreement referred to in recommendation 2.4.

2.4 That the Council enters into a Legal Agreement with the North Somerset, Bristol City and South Gloucestershire Councils and the funding department which defines the roles and responsibilities of all signatories

2.5 That the Council enters into a Memorandum of Understanding with First Group and the other Councils referred to, including entering into a Statutory Quality Bus Partnership and a Quality Bus Agreement as appropriate.

2.6 That the Council accepts in principle the need to fund the additional £219k from future LTP settlements to meet its share of the increased scheme cost outlined in Para 1.4 above.

2.7 That to meet the future maintenance requirements of the project, which are yet to be quantified in detail, and which in turn will need to be negotiated with the Department for Transport, an appropriate provision will subsequently need to be included within future Service Plans.

3 FINANCIAL IMPLICATIONS

3.1 If the Department for Transport accepts the GBBN bid for full approval, it is expected that DFT will contribute £42.343M toward the project. Bath and North East Somerset Council's share of this was £3.613M prior to the Value Management Exercise and is now £4.952M and represents a significant increase in funding available to the authority through the LTP process. ( See Appendix Two)

3.2 Once the scheme has received full approval then the funding will be paid to Bath and North East Somerset Council, who it is proposed will act as Banker for the project. The budget will then be redistributed to the other authorities in line with the legal agreement identified in Recommendation 2.4 above to ensure the correct apportionment of liability and responsibility for each of the Unitary Authorities in terms of delivering the scheme.

3.3 The Major Scheme process limits the risk of cost over-runs to the Department of Transport. Once full approval has been achieved however, this risk transfers to the four local authorities. The £42.343M bid includes an allowance for risk of £3.48 M at the 80% confidence level based on the risk analysis completed in the bid. The latest estimate of costs for the project (excluding the contributions from First and developers) is £44.1M; this has arisen due to increases in construction costs. It is proposed that the difference of £1.757M be found from other sources. For Bath and North East Somerset Council this amounts to £219,000 which would require to be funded from the LTP integrated transport allocation.

3.4 If cost over-runs do occur then it should be noted that the Department for Transport has proposed changes to the approach on how risk is shared between them and local authorities and these are likely to affect this project (see http://www.dft.gov.uk/stellent/groups/dft_localtrans/documents/pdf/dft_localtrans_pdf_611479.pdf for details. The approach suggested in this document is that each project will have an agreed risk layer within which cost over-runs are shared on a 50% basis between the local authorities and the Department for Transport. Beyond this risk layer then the costs are 100% the responsibility of the local authorities. Should cost over-runs occur then these would require to be funded from future LTP allocations or other capital resources.

3.5 The delivery of this scheme will lead to a large increase in the quality and quantity of bus and other infrastructure. The Department for Transport require assurances regarding the future maintenance of this infrastructure and this has implications for the revenue budget for the on-going operation and maintenance of real-time information at bus stops as well as for the maintenance of bus shelters, new traffic signals and other infrastructure provided. For Bath and North East Somerset this figure has yet to be calculated in detail.

3.6 It should be noted that if GBBN is successful it will significantly reduce the 4 Council's future funding liability to meet the requirements of the Disability Discrimination Act (see equality implications below). For Bath and North East Somerset Council this amounts to some £403,400 that would have otherwise had to have been found from other sources so represents a significant reduction in the Council's liability in this area.

3.7 Provision for the Council's commitments for the forthcoming financial year are accordingly contained within approved capital and revenue budget provision

Community Strategy Outcomes

Promoting a 'sense of place' so people identify with and take pride in our communities by introducing showcase quality bus routes.

Celebrating the contributions people from different backgrounds and with different experiences can make, and promoting equality of opportunity by increasing the number of bus stops which comply with Disability Discrimination Act from 13% to 22% which will exceed the 2005-2006 target set in the JLTP ( which was 16%.)

Sharing resources, working together, and finding new ways of doing things in conjunction with our neighbouring authorities.

Building communities where people feel safe and secure

Taking responsibility for our environment and natural resources now and over the long term

Improving our local transport by offering a sustainable and improved travel choice.

Improving our local economy by offering an alternative mode of travel to and from the city.

Improving and protecting our local environment by offering a more sustainable mode of travel than the private car.

Improving our local health and social care by making the alternative travel mode more widely available.

4 CORPORATE IMPROVEMENT PRIORITIES

Reducing fear of crime by promoting safe means of travel.

Promoting independence of older people by offering DDA compliant access to the bus.

Improving life chances for disadvantaged teenagers by providing an improved public transport system.

Improving the environment for learning by offering improved access to public transport.

Improving the Quality of Public Transport/Roads/Pavements and easing congestion

Developing a sustainable economy.

Improving the public realm.

Improving customer satisfaction with the bus journey.

5 CPA KEY LINES OF ENQUIRY

5.1 The Greater Bristol Bus Network supports the CPA lines of enquiry of improving the quality of public transport and easing congestion, it will assist in promoting the independence of older people, improve the life chances of disadvantaged teenagers by offering access to improved public transport provision, and assist in improving customer satisfaction whilst developing a sustainable economy for Bath and North East Somerset.

6 THE REPORT

6.1 The GBBN Major Scheme bid was submitted to the Department for Transport in July 2005. In July 2006 the Government announced that it had accepted the scheme for "programme entry" into the Department for Transport's Local Authority Major Scheme Programme.

Details of the GBBN major scheme bid are included in the final bid submission but in summary it is a £70M project to improve the bus infrastructure, services and vehicles along 10 corridors in the sub-region. The £70M is made up as follows:

£42.343M contribution from DfT

£20Mfrom First in rolling stock

£6.0M in developer contributions.

£1.757M from the 4 local authorities

6.2 The map below shows the particular bus routes that benefit from this project (some of the routes not included in this project will receive investment from the Local Transport Plan instead). Planned improvements include bus stop enhancements, real-time information, new and improved vehicles and further bus priority measures. First Group have also committed to improving the frequency of certain bus services. There will also be road safety benefits due to some of the junction improvements proposed as well as benefits for cyclists. The scheme is predicted to have a positive impact on overall congestion in the sub-region and lead to greater use by public transport.

6.3BANES have agreed to act as banker (section 151 officer) for the project and will channel funding from the Department of Transport to the each of the respective authorities involved in GBBN. South Gloucestershire has agreed to act as the Senior Responsible Owner (SRO) for the project on the basis that they have the largest amount of spend within GBBN. The SRO chairs the programme board for the project and is ultimately responsible to a group of members and officers of the 4 Councils for the overall delivery of the project. Responsibility for decisions in connection with the project, and particular scheme elements and budget, resides with the constituent Councils . The relationship between the four Councils and the funding department will be documented in a legal agreement which will limit the respective Council's liabilities to their share of the allocated funds and provide this Council with indemnities in respect of its role as financial responsible body.

6.4These roles sit within an overall Governance structure, which consists of project managers in each individual local authority who report to an overall independent project director. The independent project director reports to the programme board. This consists of representatives from each of the four local authorities, First, GOSW and WEPO and is chaired by the SRO. The programme board reports to the overall major schemes programme steering group. This consists of the Directors and Executive Members with responsibility for transport. Such cross boundary governance structures are based upon the existing roles of the constituent Councils who need to take any formal decisions required through their normal decision-making processes.

6.5GBBN is an unusual major scheme project as it is a collection of a large number of smaller schemes rather than a single large scheme (like a new bridge or road). This requires careful co-ordination and project management to ensure that project is delivered to time, budget and consistency across the four local authority areas. To assist this, a project handbook has been developed which essentially sets out the 93rules94 by which the project will be delivered. This devolves responsibility for the project budget and the timetable to individual project managers, the project director, programme board and ultimately the programme steering group. Again, this supports the Councils role in delivering the scheme and individual project elements. Essentially each layer of decision-making has greater scope for adjustment to the budget/ timetable/ scope of each element of the project. Without such an approach there would be a greater risk of the project overspending or being delayed.

6.6Once the project has been delivered, the Department for Transport requires that the benefits claimed are realised and are maintained. Therefore we need to provide assurance to them that we will not remove the GBBN infrastructure, but will maintain it. There are similar concerns regarding the provision of rolling stock and service enhancements by First, which in-turn wants commitments (from the unitary authorities) that GBBN bus priority measures and other improvements will be maintained.

6.7To address these assurance issues it is proposed to enter into a statutory quality bus partnership scheme for each of the corridors included in the bid. This makes use of the powers in the Transport Act 2000 whereby local authorities can specify a minimum standard of vehicle that is allowed to make use of specified bus infrastructure provided an authority makes a commitment to maintain said infrastructure for five to ten years. Under the Transport Act 2000 these agreements cannot be made until the scheme is complete. This does not prevent other commercial operators entering the market, though they would be required to meet this standard. Also the agreement would provide exemptions, for example to those operators who are under contract to the Council for supported (non-commercial) services.

6.8Alongside this a separate, but non-statutory legal agreement covering service frequencies would also be developed with First.

6.9The nature of these statutory quality partnership schemes and the commitments required from the local authority in making them also provide assurance to the Department for Transport regarding the longevity of the scheme. These two agreements with First would not be signed until after the Department has considered the submission and provided an offer letter to the authorities. The agreements will continue to be refined in the meantime.

6.10For the purpose of this bid a third agreement or memorandum of understanding with First covering these issues has been developed and is attached in Appendix 1

It should be noted that the Government is reviewing the legislation around statutory quality partnership schemes such that issues like frequencies and fares will be included in these in the future.

7 RISK MANAGEMENT

7.1 The report author and Lead Executive member have fully reviewed the risk assessment related to the issue and recommendations, in compliance with the Council's decision making risk management guidance. The major scheme business case includes a risk register which is updated by the interim independent programme directors.

8 RATIONALE

8.1 GBBN supports the Councils corporate priorities, not accepting the recommendations in section 2 would have a detrimental affect our work with other UA's and our future aspirations for future major transport schemes including the Bath Package. The burden of complying with DDA legislation and the provision of transport infrastructure would fall on the Council.

9 OTHER OPTIONS CONSIDERED

9.1 The only other option would be to not make the bid for full approval to the Department for Transport. The implications of this would be significant in terms of our work with the other Joint Local Transport Plan partners and our aspirations for further major transport investment.

10 CONSULTATION

10.1 Executive Councillor; Section 151 Finance Officer; Chief Executive; Monitoring Officer.

10.2The Greater Bristol Bus Network was consulted upon as part of the development of the provisional and Final Joint Local Transport Plans and received positive support. Investment in public transport and particularly buses was identified by respondents as the highest priority for investment and this bid reflects that aspiration. Ideas for further consultation on the project were sought at the last Joint Local Transport Forum held in December 2006. The bid provides for further detailed consultation on the project once it has received full approval.

11 ISSUES TO CONSIDER IN REACHING THE DECISION

11.1 Social Inclusion; Customer Focus; Sustainability; Young People; Equality (age, race, disability, religion/belief, gender, sexual orientation); Corporate; Health & Safety; Other Legal Considerations

12 ADVICE SOUGHT

12.1 The Council's Monitoring Officer (Council Solicitor) and Section 151 Officer (Strategic Director - Support Services) have had the opportunity to input to this report and have cleared it for publication.

Contact person

Joy Jefferys 394446 Vernon Hitchman 395171

Background papers

Provisional Joint Local Transport Plan, July 05 and Final Joint Local Transport Plan, March 06

Sponsoring Executive Member

Cllr. Sir Elgar Jenkins OBE

Please contact the report author if you need to access this report in an alternative format