Agenda item

To consider a report by the Joint Head of Highways and infrastructure (copy enclosed) which reviewed the grass cutting programme for 2012, and assessed the effectiveness of the recommendations put forward by the Committee for 2012 season.

                                                                                                         9.35 a.m.

A copy of a report by the Joint Head of Highways and Infrastructure, circulated with the agenda, reviewed the grass cutting programme for 2012, assessed the effectiveness of the recommendations put forward by the Committee for 2012 and enabled the formulation of recommendations for next year’s programme ensuring that Denbighshire’s communities were tidy and safe for residents, businesses and visitors.  A copy of “Life on the Edge”, Roadside Verges Project, Protecting Denbighshire’s Wildflowers was circulated at the meeting.

The Section Manager–Network Management summarised the report which outlined the Council’s grass cutting regime, highlighted the grass cutting issues from 2012 and provided details pertaining to the Contract.  He responded to Members questions and explained that a grass cutting regime had been agreed and adopted whereby the first cut would be a reduced treatment on rural roads within the AONB     to ensure safety levels, and elsewhere there would be a uniform cut of 1 metre wide swathe with wider treatment in areas such as junctions, visibility splays etc, to ensure visibility was not compromised.  Areas which had posed challenges in 2012, and details of grass cutting issues, had been summarised in the report.

It was explained that representations expressing concern had been received from the North Wales Wildlife Trust, and the need to balance compliance with legislative requirements and the expectations of the public was highlighted.  It was confirmed that a meeting would be convened between the Lead Member, officers and North Wales Wildlife Trust to discuss the issues raised.       

The 2010 contract had been extended to include non principal roads for the last two years with work being undertaken by a single external contractor.  Due to issues highlighted last year work had been undertaken with the Contractor to improve matters.  In reply to concerns raised regarding the standard a quality of the cut, it was explained that following a successful first cut standards had deteriorated due to the wet summer and the associated increase in grass growth, and customers had been kept informed via the Customer Services section as to progress, however, this had become more difficult as the            programme slipped.

As the standard contract contained no financial penalty clauses for the completion of work outside agreed timescales no action could be taken.  The contractor could be notified of         a failure and afforded the opportunity to address problems within an agreed time period rather than incurring loss of income.  Members expressed the view that the contract be reviewed and re-tendered for next      year, however, this could result in cost increases.  The Contractor had undergone a management restructuring and assurances had been provided about the future management of the contract.  Improvements introduced after 2011 had not worked as well as anticipated, mainly due to weather conditions, and further difficulties encountered by the Contractor in meeting the Council’s needs.  With regard to the need to clarify the Council’s legal requirements and limitations to comply with legislation in relation to grass and hedge cutting, the Joint Head of Highways and Infrastructure agreed that a fact sheet detailing the Council’s obligations be circulated to Members and the information published on the intranet.

In reply to questions from Councillor H.O. Williams, the Section Manager–Network Management confirmed that, following consultation with Local Members and local Communities, a schedule for grass cutting for roads within the AONB had been circulated.  The charging rates for grass and hedge cutting were outlined, which included the different rates charged for areas such as junctions where difficulties could be encountered.  It was confirmed that the criteria for grass cutting in urban areas differed from rural areas and was in most instances undertaken in house.

The following responses were provided to questions and issues raised by Members:-

- the officers concurred with the view expressed that response time scales for complaints lodged through the CRM system could be reviewed.

- details of expressions of interest in the contract were outlined, and it was confirmed that the contract schedule and details had been set by the Council and were essentially quality based and lead.

- it was explained that the Council did possess powers to serve Enforcement Notice’s on the owners of hedges which had not been cut and posed a danger or hazard to the public.  Reference was made to the Highway Act 1980 and the relevant Enforcement Powers which enabled the Council to undertake the work and charge the landowners accordingly.

- a re-tendering process could be undertaken.  However, this could incur financial implications for the Council if a higher rate of charges was submitted by contractor.

- problems had been encountered as a result of the equipment utilised by the Contractor being too large or unsuitable for use on narrow lanes and roads.  An assurance was provided that in cases where work had not been undertaken due to unsuitable equipment, the work would be carried out at a future date.   

- the officers responded to questions from Members and agreed to provide an information report on the grass and hedge cutting regime adopted within the Towns and urban areas of the County.      

- support for the biodiversity approach was expressed by Councillor M.L. Holland, however, he emphasised the importance of the safety element in determining the grass and hedge cutting regime.  He also highlighted the importance of consultation with the respective Community Councils, and Member input, when considering future contract arrangements.

The Chair highlighted the need to review the contract and for the provision of evidence and clarification regarding its current and future requirements, expectations and details of its matrix.  Reference was made to the importance of securing a robust contract and Service Level Agreement to ensure that performance standards met expectations.  He outlined the significance of consulting with the community and  engaging Members in the composition of the contract, particular reference being made to the need to clarify issues in respect of AONB and biodiversity requirements.

The Corporate Director: Customers referred to the previous decisions taken with regard to the procurement of the current contract, and outlined the timescales for securing a contract for the coming year.  The Section Manager–Network Management expressed his support for the decisions taken previously and was confident that the issues raised by the North Wales Wildlife trust could be resolved.  He agreed that further information pertaining to the operation and matrix of the current contract could be provided and work could be undertaken to procure a new contract with in put from Members. 

The Committee supported the view that the contract be reviewed and that Councillors W. Mullen-James, J.S. Welch and H.O. Williams, together with the Lead Member, provide Member in put with regard to the process.  Members agreed that a further progress report be submitted to the January, 2013 meeting of the Committee.

During the ensuing discussion it was:-

RESOLVED – that the Communities Scrutiny Committee:-

(a)                                       receives the report and notes the progress and success of the overall cutting regime put in place for 2012.

(b)                                       agrees that the officers, Lead Member and Members identified meet to review the matrix of the existing Contract utilising the evidence and statistics available, and

(c)                                       an information update report be submitted to the January, 2013 meeting of the Communities Scrutiny Committee to inform the Committee of the outcome of these discussions.