Agenda item

The enquiry scope is as follows:

“On street parking arrangements in the District – and parking PCNs, Permits, Traffic

Regulation and enforcement. The Council’s participation in the North Essex Parking

Partnership (NEPP), the work and business model of the Partnership.”

In respect of the NEPP, the enquiry will consider the role of the Council within the Partnership, the overall financial risks to the Council and the work of the Partnership to support road safety e.g. outside of schools and shortterm parking in shopping areas and its contribution to the economic success of those shopping areas. 

Invitations have been sent to representatives of Essex County Council and the NEPP for them to assist the enquiry.  Likewise, an invitation has been sent to the Portfolio Holder for Leisure and Public Realm (as the Council’s representative on the NEPP). Relevant officers of this Council have also been invited to support the enquiry.

[Note: This enquiry was originally allocated to the Community Leadership Overview and Scrutiny Committee. However, with the agreement of the Chairmen of the two Committees the enquiry is to be undertaken by this Committee.]

Further to Minute 39 above, and for the sake of public transparency, both Councillors P Honeywood and Land declared for the public record that they were both Essex County Councillors.

The Head of Democratic Services and Elections informed the Committee that the enquiry into On Street Parking Arrangements, was approved by Full Council in July 2023 and added to the work programme for the Community Leadership Overview and Scrutiny Committee. The Chairmen of both Committees agreed that due to the time constraints of having this item heard, it was best served to the be discussed at this meeting by the Resources and Services Overview and Scrutiny Committee.

The Committee was provided with a report from the Corporate Director for Operations and Delivery on the North Essex Parking Partnership (NEPP) in relation to the establishment and operation of the Partnership.  A ‘rescue plan’ produced by the NEPP in view of severe financial issues affecting it was submitted s part of the report.  The Committee Members had also been provided with a separate report to be considered by the Council’s Cabinet on 12 March 2024 (Agenda Item 13 – Report of the Leisure & Public Realm Portfolio Holder – A6 Joint Committee Agreement of the North Essex Parking Partnership). 

The Committee heard from Councillor Barry, as this Council’s representative on the North Essex Parking Partnership (NEPP) (a joint Committee with the five other District Councils in North Essex and Essex County Council).He explained how his first meeting was in June 2023 and that at that time there were already historical concerns in relation the NEPP’s budget figures, he felt they didn’t add up and how he raised this as an issue at that meeting.

Councillor Barry then explained to the Committee that with in the NEPP agreement there was the need for the organisation to have a designated Treasurer and when he enquired into this, at the second meeting in November 2023, he was met with the answer of “I don’t know, maybe it is Colchester City Council’s 106 Officer”?

Due to this answer Councillor Barry stated that he was no longer able to agree on any matters in relation to NEPP finance until the financial records were signed off by the Colchester City Council 106 Officer and after a full set of accounts were sent to each of the Partner Authorities 106 Officers for review.

Councillor Barry outlined how after reading the agenda for the third meeting of the NEPP, set to take place in December 2023, he was unhappy that the figures were still not supplied and asked for the meeting to be postponed until 1 February 2024 so the figures could be supplied. At the meeting in February 2024, he asked for there to be monthly updates as it was coming to the end of the financial year. The level of deficit was so out of control he actively discussed the possibility of leaving the NEPP.

The Committee heard that to leave the NEPP any Partner Authority must give 12 months’ notice, and that notice must be given at the end of the financial year, that meant that if notice was given in after March 2024, the Council couldn’t leave the NEPP until April 2026.

Councillor Barry had asked for a variation to the agreement that would allow the Council to either:

a)    Give the Council more time to scrutinise the finances of the NEPP and make an informed budget decision, or;

b)    make the decision to leave, but then have the ability to have that decision rescinded if the Council can scrutinise the finances of the NEPP and find them acceptable.

The Committee heard from Councillor Dan Land, in his role with Essex County Council as Chairman of the NEPP, which he had been in post for nearly a year. He explained that on street parking enforcement was the responsibility of Essex County Council and that they contract out this work to the NEPP. This covered 6 District Authorities and each of them had 1 Councillor who sits on the NEPP Committee, each Councillor was joined by an Officer called a Client Officer. He explained that since he had joined the Committee there had been a lot of change in relation to its make-up, with constantly changing Councillors and Client Officers, he expressed that there was a definite lack of continuity.

The Committee heard how the NEPP had faced financial challenges lately and some of that was down to the difficulty in employing enforcement staff as well as a raise in wages and a change to human behaviour, more people working from home has led to less parking fines.

Councillor Land acknowledged that some information had been quite difficult to obtain but he was doing everything he can to make it as transparent as possible.

During the debate Councillor Barry agreed that he was not in favour of the Council being unable to veto proposals for its own area and that any proposals to put on street parking charges along our seafronts was unacceptable. He also stated that he and the Councils 151 Officer have both looked at the NEPPs figures, and they do not add up. He drew the Members attention the fact that the NEPP agreement states that there must be surplus of £400k with in their accounts before they can action any Traffic Road Orders (TRO’s) and at present that money was not in surplus in the NEPP’s accounts, this left him questioning the legality of some of the NEPP’s actions. This level of concern was mirrored in 3 or 4 of the Partner Authorities.

Councillor Barry highlighted how the debt revenue expected from each Partner Authority was different and that how it was calculated did not seem fair, with Tendring Council being one of the highest.

The Chairman of the Resources and Services Overview and Scrutiny Committee commented that:

“In my view the NEPP appears to have adopted a one size fits all approach to on street parking enforcement and as a result is unable to recognise when local issues need addressing.

This is turn means specific enforcement action is not being taken when needed.

In coastal areas such as ours the level of support needed can vary due to several issues including the time of year, whether there are events organised or simply the weather forecast.

NEPP enforcement officers have not responded to this, rarely being around in the evening, or available for late night or special events for example.

As the report states, there has been a reluctance by the NEPP to accept offers of support for enforcement other than outside of schools which has now been discontinued.

There’s also a reluctance to delegate authority to issue Penalty Charge Notices to any enforcement officers unless employed directly by the NEPP.

Listening to local people, this has resulted in an increasing number of complaints and dissatisfaction from residents.

Two Possible Solutions

To me there are two possible solutions to this problem that would befit both ECC and TDC.

The return of all on-street parking and management to the district by means of a service level agreement with ECC creating a situation where local parking enforcement would be tailored to meet local needs by TDC.

TDC would operate the on-street service at nil cost with surpluses paid to ECC for local highway related schemes and any losses would be met by TDC.

Alternatively.

For delegated authority to be given to TDC enforcement staff to enforce on-street parking within Tendring alongside officers from the NEPP.

TDC would not seek any financial remuneration for this arrangement.

Conclusion

Personally, I would prefer the first option but, in my view, either of these proposals would benefit both ECC and TDC and would show the two councils working together for the benefit of local people.

In 2021 these proposals had the support of the then Leader of Tendring District Council, the Chief Executive, and TDC senior officers but were never progressed”.

After an in-depth discussion it was moved by Councillor P Honeywood, seconded by Councillor Smith and unanimously agreed to RECOMMEND TO CABINET that:

Alongside and in addition to the recommendations being considered by the Cabinet on 12 March 2024 concerning the Council’s membership of the North Essex Parking Partnership, the following options be authorised as part of the negotiations with the Partnership and Essex County Council (ECC):

(1)       The return of all on-street parking and management to the District by means of a service level agreement with ECC creating a situation where local parking enforcement would be tailored to meet local needs by this Council.  This Council would operate the on-street service at nil cost with surpluses paid to ECC for local highway related schemes and any losses would be met by this Council; or

(2)       For delegated authority to be given to this Council’s enforcement staff to enforce on-street parking within Tendring alongside officers from the NEPP.  In this option, this Council would not seek any financial remuneration for this arrangement.