WARDS AFFECTED by tyndale

VIEWS: 15 PAGES: 7

									Page 1 of 7


                                                             WARDS AFFECTED:
                                                                Sutton New Hall
                                                                  Sutton Trinity

REPORT OF HEAD OF TRANSPORTATION STRATEGY

TO: CABINET MEMBER FOR TRANSPORTATION AND STREET SERVICES

                                                                       JULY 2004
NON KEY DECISION


      DETRUNKING OF THE A38 FROM WEEFORD IN STAFFORDSHIRE TO
                      MINWORTH IN BIRMINGHAM


1.0     SUBJECT AND BRIEF SUMMARY OF PROPOSALS

1.1     The original order for the Detrunking of the A38 from Weeford in
        Staffordshire to Minworth In Birmingham was issued by the Secretary of
        State in August 2003. This was the subject of The Report to the Cabinet
        Member for Transportation and Street Services that was approved on 2 nd
        September 2003. Approval to this report led to the raising of an objection
        to the order on the basis that a 1.6km length of the A38 between the M6
        Toll Road roundabouts also be de-trunked

1.2     The Secretary of State has given notice that he intends to make an
        amended order under sections 10 and 12 of the Highways Act 1980 which
        will change lengths of the A38, between Weeford in Staffordshire and
        Minworth in Birmingham, from trunk road to principal road on the date
        from which the order comes into force. Objections to this order were to be
        received by the Secretary of State by 11 th June 2004. Birmingham has
        been granted an extension to this deadline to enable this report to be
        considered by the Cabinet Member following the recent local elections.

1.3     The revised order takes note of Birmingham’s objection to the original
        order issued in August 2003 and proposes that 1.6km of the A38 between
        the M6 toll road roundabout junctions also changes classification from
        trunk road to principal road in line with the rest of the A38 between
        Weeford in Staffordshire and Minworth in Birmingham.

1.4     Lengths of the A38 earmarked for re-classification lie within the
        Birmingham boundary and would become the maintenance responsibility
        of Birmingham City Council following detrunking, in accordance with the
        Highways Act 1980. Whilst supporting the amended de-trunking
        programme, it is proposed that that subject to certain conditions, the City
        Council withdraws its objection to the order. The conditions are
Page 2 of 7


      1. a satisfactory agreement with the Highways Agency that all aspects of
         the highway, along with associated structures and services, are
         brought up to an agreed standard prior to handover, or that the
         Highways Agency makes available funding to enable any appropriate
         works to be carried out. This will prevent expenditure in the early years
         of adoption for all but routine maintenance purposes, which should be
         covered by additional Revenue Support Grant to the City Council via
         the Formula Spending Share (FSS) distribution process.
      2. a satisfactory agreement with the Highways Agency to the transfer of
         ‘properties and liabilities’ upon the highway ceasing to be a trunk road.
         Section 265 of the Highways Act 1980 sets out the framework for the
         transfer of ‘property and liabilities’ upon a highway ceasing to be a
         trunk road. Whilst the framework precludes the transfer of any obvious
         liabilities, e.g. for outstanding payments, compensation for any act
         before the operative date for the detrunking, the position regarding any
         other liabilities will need to be resolved prior to the City Council taking
         over responsibility for the road length in question.
      These agreements, together with the supporting financial and legal
      implications will be brought to the Cabinet Member for approval.

2.0   RECOMMENDATIONS
      That the Cabinet Member approves the following response to the
      Highways Agency :
         Subject to the following conditions, Birmingham City Council withdraws
         its objection to the proposed Detrunking Order for the A38 Trunk Road
         (Weeford, Staffordshire to Minworth, Birmingham):
         1. that a satisfactory agreement be reached between Birmingham City
             Council and the Highways Agency that all aspects of the highway,
             along with associated structures and services, are brought up to an
             agreed standard prior to handover, or that the Highways Agency
             makes available funding to enable any appropriate works to be
             carried out.
         2. that a satisfactory agreement be reached between Birmingham City
             Council and the Highways Agency to the transfer of ‘properties and
             liabilities’ upon the highway ceasing to be a trunk road.

3.0   BACKGROUND

3.1   Under the 1946 Roads Act, the Secretary for State is empowered to add
      or remove roads to the trunk road network. In July 1998 the Government’s
      White Paper, ‘A New Deal for Transport’, and the report ‘A New Deal for
      Trunk Roads in England’, unveiled plans to de-trunk 3000km of non-core
      trunk road and hand them back to local council control.

3.2   Warwickshire County Council has maintained this section of the A38 in the
      past under an agency agreement with the Highway Agency. As the
      majority of the road now lies within the Birmingham boundary it is felt that
Page 3 of 7


      Birmingham should maintain the road to either the northern M6 Toll Road
      roundabout or to Bassett’s Pole roundabout

3.3   The A38 Sutton Bypass de-trunking is due to take place in 2005. The A38
      between Minworth and Bassett’s Pole is to be classified as principal road.

3.4   The principle of de-trunking this section of the A38 following construction
      of the M6 Toll Road is acceptable, The majority of the A38 between
      Bassett’s Pole and Minworth is in Birmingham, but in reality passes
      through Birmingham, Warwickshire and Staffordshire. For continuity from
      a customer point of view it is considered unacceptable for the A38 to
      change from being maintained by Birmingham then to Warwickshire and
      then to Staffordshire over such a short distance. A close working
      relationship will be required with the Highways Agency in order to control
      the link to the toll operation as well as to the published diversion routes for
      the M6 along the A446 and the A38. Midlands Expressway Limited (the
      operators of the toll road) have responsibility to maintain only up to the
      give way approach to the new roundabout. For ease of understanding the
      whole of the A38 is to be de-trunked with a management arrangement
      being agreed with the highways agency.

3.5   There are concerns that the capacity of the roundabout at Bassett’s Pole
      would not be able to cope with the increased traffic which could result from
      a closure of the M6 toll road. The Highway Agency are considering adding
      traffic signals to the roundabout to help cope with this issue but details are
      not yet available. The roundabout lies adjacent to the City boundary in
      Staffordshire.

3.6   Issues still to be resolved include:-

              Land transfer
              Lighting
              Drainage
              Sweeping and litter collection
              Grass Cutting and horticulture
              Maintenance agreements with adjacent authorities
              Highway limits
              Ensuring highway is up to standard prior detrunking.
              Winter maintenance

      Holding objections to the original order were also raised by Warwickshire
      C.C. and Staffordshire C.C. Further discussions are due to be held with
      the Highways Agency, Warwickshire County Council, Staffordshire County
      Council, Leisure and Culture to resolve outstanding issues.

4.0   MATTERS FOR DECISION
Page 4 of 7


4.1   That the Cabinet Member gives approval that subject to the following
      conditions, the City Council withdraws its objection to the order:
         1. a satisfactory agreement with the Highways Agency that all aspects
             of the highway, along with associated structures and services, are
             brought up to an agreed standard prior to handover, or that the
             Highways Agency makes available funding to enable any
             appropriate works to be carried out.
         2. a satisfactory agreement with the Highways Agency to the transfer
             of ‘properties and liabilities’ upon the highway ceasing to be a trunk
             road.

5.0   EVALUATION OF ALTERNATIVE OPTIONS

5.1   The principle of de-trunking this route was set in the July 1998
      Government report. The order may be accepted, as proposed. The
      alternative to the recommendation is to object to the published order.

6.0   CABINET MEMBER CONSULTATION

6.1   Not Applicable

7.0   WHAT CONSULTATION (if any) HAS TAKEN PLACE

7.1   Consultation has been undertaken by the Highways Agency. Copies of the
      draft Order and the plans referred to in it were available for inspection free
      of charge, during normal opening times, at:-

                 The Highways Agency, Broad St, Birmingham,
                 Birmingham City Council, Council House

      And in locations outside Birmingham

      Any person could object to the making of the Order not later than 11 th
      June 2004 or within 6 weeks from the date of the first publication of the
      Order.

8.0   WHAT REPRESENTATIONS (if any) HAVE BEEN RECEIVED E.G. IN
      RESPONSE TO THE INCLUSION OF THIS DECISION IN THE
      FORWARD PLAN

8.1   Not Applicable.

9.0   LEGAL POWERS AND IMPLICATIONS FOR RESOURCES (INCLUDE
      FINANCE, PEOPLE, PROPERTY AND IT CONSIDERATIONS)

9.1   The notice relating to the de-trunking order is given under sections 10 and
      12 of the Highways Act 1980. Following de-trunking, Birmingham City
Page 5 of 7


       Council will have the duty to maintain parts of the A38 in accordance with
       Section 36 of the Highways Act 1980, taking over responsibility from the
       Highways Agency.

9.2    The Highways Act 1980 sets out in Section 265 the framework for the
       transfer of ‘property and liabilities’ upon a highway ceasing to be a trunk
       road. All liabilities incurred for the purposes of the function in relation to
       the highway and not discharged before the operative date, with the
       exception of loans and loan charges, will be transferred to the highway
       authority, with the following exceptions. There is not transferred any right
       or liability in respect of
         a) work done, services rendered, goods delivered, or money due for
               payment, before the operative date, or
         b) damages or compensation for any act or omission before that date,
               or
         c) the price of, or compensation for, any land purchased, or for which
               a contract to purchase has been concluded, before that date.
       The position regarding any other liabilities would need to be resolved prior
       to recommending that the City Council take over responsibility for the road
       length in question.

9.3    It is proposed that the agreements with the Highways Agency, together
       with the corresponding financial and legal implications will be brought to
       the Cabinet Member for Transportation and Street Services for approval.

9.4    De-trunking of the whole length of the A38 between Weeford,
       Staffordshire and Minworth, Birmingham will result in a consistent
       approach to the maintenance of the highway over a substantial length of
       the A38. This will result in a more consistent and predictable highway and
       hence safer route for users.

9.5    This proposed change to the City’s highway network will need to be taken
       into account in the proposed highways private finance initiative, especially
       in relation to the ring fenced highways account.

10.0   IMPLICATIONS FOR POLICY PRIORTIES

10.1   Subject to a satisfactory agreement being reached on the transfer of
       responsibilities for this section of road, this proposal will enable the City
       Council to take responsibility for the maintenance of this key route into
       Birmingham.

10.2   This will contribute to raising the image of the City and support the
       flourishing neighbourhoods initiative.
Page 6 of 7


11.0   ARE THE RECOMMENDATIONS IN THIS REPORT CONSISTENT WITH
       ANY APPROVED “POLICY FRAMEWORK” PLAN OR STRATEGY/OR
       THE APPROVED BUDGET

11.1   Support is contained for de-trunking within the Local Transport Plan. The
       City Council will gain greater control of its own network.

12.0   REASONS FOR RECOMMENDATIONS

12.1   To enable negotiations for maintenance responsibilities, etc., to take place
       between the Highways Agency, Birmingham C.C., Warwickshire C.C. and
       Staffordshire C.C., in order that the de-trunking programme can move
       forward.

13.0   BACKGROUND DOCUMENTS

       The A38 Trunk Road (Weeford, Staffordshire to Minworth, Birmingham)
       (Detrunking) Order 200

       West Midlands Local Transport Plan 2003

       Report to Cabinet Member for Transportation and Street Services 2 nd
       September 2003
Page 7 of 7




-------------------------------------------

David Bull
Head of Transportation Strategy




-------------------------------------------------

Chris Haynes
Policy Manager




--------------------------------------------------

Peter Garghan
Accountancy Services Manager


Originating Officer
Phil Woodhouse
Tel : 0121 303 7508
E- mail Phil.Woodhouse@birmingham.gov.uk

    DETRUNKING OF THE A38 FROM WEEFORD IN
  STAFFORDSHIRE TO MINWORTH IN BIRMINGHAM

 My decision is to adopt the recommendation(s) set out in this
 report. (Pages 1 to 7)


                    .....................................................
                             CABINET MEMBER



                 DATE: ..............................................

								
To top