Agenda and minutes

To note any apologies for absence from Members.

Apologies were received from Councillors C Hilliard, J Priest and M Sewart. Councillors S Adams, D Clark and D Edwardes attended as substitutes.

To provide an opportunity for Members and Officers to declare any disclosable pecuniary interests, other registerable interests, and non-registerable interests in any item on the agenda.

No declarations of interest were made.

To approve as a correct record the minutes of the previous meeting held on 20 June 2024.

RESOLVED:

That the minutes of the meeting held on 20 June 2024 be approved as a correct record.

In accordance with paragraph 2.24 of the Council’s Committee Procedure Rules and Appendix on Public Speaking, set out in the Constitution, a total period of 15 minutes is allocated for members of the public to put questions to the committee on any matter relating to this agenda. Each member of the public will be allowed up to two minutes each to speak, and the Chair will have discretion to vary this where they consider it appropriate.

Members of the public wishing to speak are required to provide notice of this at least three clear working days’ in advance of the meeting.

Petitions - To receive any petitions which have met the criteria - Petitions Scheme Criteria, and falls within the remit of the Committee. Petition organisers will be allowed up to three minutes to speak.

There were no public speakers.

To consider a report on the review of the Highway Service Contract (HSC) and recommended actions.

The Committee considered the report on the review of the Highways Service Contract (HSC).

On 3 October 2018 the Council had commenced a 15-year contract to deliver highways services with Ringway Jacobs Ltd (the Highways Service Contract). 

The HSC contained a mid-term break clause which allowed the Council to shorten the service period to 8 years in specific circumstances.  If exercised the Council was required to notify Ringway Jacobs by 2 October 2024.

The Council had appointed the Future Highways Research Group to undertake a peer review of the HSC.  The Peer Review report, at Appendix 1 to the report, made 20 recommendations for improvement.  An improvement plan would be developed in response to these recommendations. 

From the findings of the peer review, it was recommended that the Council should not exercise the break clause.

A Member Advisory Panel had been created to advise the Director of Highways and Infrastructure, from an elected member perspective, on matters concerning the peer review.  The report of the Member Advisory Panel was set out in Appendix 3 to the report.

The Committee referred to the funding for the highways works and how the contract operated.  It was explained that an open book approach was used, and the Council has regular discussions with the contractor on costs.   Reference was made to the quality of repairs done and resources available to carry out the work and the expansion of the client team to include a quality control officer.   The Committee noted the disconnection between the public perception of the state of road in Cheshire East and the industry professional view reported in the peer review report.  

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded. The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 3 and 5 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

RESOLVED:

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act 1972 and the public interest would not be served in publishing the information.

To consider Appendix 4.

The Committee considered the confidential Appendix 4.

RESOLVED:

That the press and public be re-admitted to the meeting.

The recommendations were proposed and seconded and put to the vote.

RESOLVED (unanimously):  That the Committee

1               note the findings of the peer review, as set out in Appendix 1 to the report, and the views of the Member Advisory Panel, as set out in Appendix 3 to the report.

2               approve the contact break clause is not exercised.

3               delegate to the Director of Highways and Infrastructure to develop and implement a plan to respond to the findings of the peer review.

4               Approve that resources to consider the successor delivery model are included in financial planning from April 2028 to October 2033.

To consider the Work Programme and determine any required amendments.

The Committee considered the Work Programme.

It was noted that the report on the Flowerpot Junction Improvement Scheme would now be brought to the Committee in January 2025. 

There was still no clarity on how the National Parking Platform would be rolled out and it was therefore proposed that the update report be moved back to the November 2024 meeting.

RESOLVED:

That the Work Programme be noted.