Devolved Services Scope Document Author: Donna Boardman Date: 26/09/2014 Version: 3.0 Executive Summary E 1 Services in Scope As part of the offer Parishes will be expected to deliver the essential services in the table below: Service Urban Grass Cuts (RM15003) Description Cutting of grass verges within 30 mph limit. This excludes rural grass cuts which are those outside 30mph limit. Parishes with urban areas where a road with a 40mph limit runs through it will be dealt with on a case by case basis. Minimum Standard Information on Hazard and Speed limit signs is legible to oncoming road users. Treatment of cuttings: Cuttings must be left to mulch on the road side, disposed of commercially or composted in the community. They must not be taken to the local household recycling site. Weed control of noxious and injurious types on pavements Control the spread of weeds which can damage habits and agricultural land. These are: Common ragwort Creeping thistle Field thistle Spear thistle Curled and broad-leaved dock. Signs on verge are not obscured by vegetation. To maintain green cover and protect habitats. Do not apply fertiliser within two metres of the centre of a hedgerow, watercourse or field ditch • within one metre of the top of the bank of a watercourse or field ditch. Signs must be clearly visible. It is advised that they are cleaned with cold soapy water and a brush. (RM15007) Cleaning of traffic signs Information on Hazard and Speed limit signs must be legible to oncoming motorists. Minor repairs to traffic sign Minor repairs to traffic signs, such as tightening of brackets where a sign has slipped. Signs that are badly damaged (e.g. bent, buckled) must be reported to TfB for repair. Information on Hazard and Speed limit signs must be clearly visible and legible to oncoming road users. Trimming vegetation obstructing pavements (or liaising with landowner to carry out where appropriate) Where vegetation is obscuring pavements this should be removed to ensure pedestrians can navigate the route. Pavements must be removed of all obstructions. Pavements are accessible to pedestrians. Encroaching grass must be cut out of pavements. Where landowners are involved they must be made aware of their obligations and prompted to clear footpaths and pavements. 2 Health and Safety Personal Protective equipment (PPE) is worn/used. Correct type of grass cutting equipment used for different environments (steep verges etc). A risk assessment must be carried out. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Specific training in safe use of chemicals. The employer is responsible for providing all PPE stated on the herbicide’s label. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Checking for obstructions to pavements Hedge cutting (RM15006) Rights of Way clearance Serving of hedge cutting notices Siding out of overgrown pavements Clearing of drainage grips and kerb weirs in order to keep the highways free from standing water Check that pavements are clear of obstructions, such as scaffolding and debris, and arrange for removal. A vehicle blocking a vehicular access or footpath should be reported to the local police, as they have sole enforcement powers. Cutting hedges which are a danger to road users. Landowners must be found in the first instance and issued a hedge cutting notice. If they cannot be found or they have not cut the hedge (and it is still deemed a danger), Parishes/ Clusters will cut the hedge. Pavements are accessible for pedestrians. N/A Information on Hazard and Speed limit signs is legible to oncoming road users. Visual splays are clear. Rights of Way (RoW) includes any path listed on BCCs annual clearance schedule (bridleways, footpaths, byways and restricted byways). Clearance means surface moving or public rights of way network up to the parish boundary where landowners have not carried this out. Parishes have the right to issue a notice to landowners to surface mow the network. The landowner is responsible for ensuring hedge trees are safe and if they fall across the public right of way they are removed. They also have responsibility for cutting hedge growth across a right of way. Send requests to frontages and landowners to deal with overhanging vegetation that is causing an obstruction and/or danger to the public highway. If no co-operation of the landowner within 14 days a reminder letter is sent, if no response the matter is referred to the LAT. Preventing the encroachment of verge soil and growth onto the pavement. This is essential if overgrown pavements are obscuring visual splays. Rights of way are accessible for pedestrians. Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Legislation relating to safe working on/near carriageways must be observed. When using specialist equipment staff must be properly trained. Training must be given to operate mowing equipment. A risk assessment must be carried out. Cleansing of silt, debris and water from drainage grips for removal of surface water from the carriageway. Legal minimum width is 1.5meters for a public footpath and 3meters for a public bridleway. Right to demand that an obstruction is removed and to recover costs of removal. Clearance does not include hedge cutting, clearing of side growths or cutting down trees. Information on Hazard and Speed limit signs is legible to oncoming road users. Visual displays are clear. Pavements and RoW are accessible to pedestrians; and bridleways to pedestrians and horses. N/A Signs on verge are not obscured by vegetation. Cyclical maintenance approx. once every 2/3 years. Also carried out before routine maintenance work, such as surface dressing. Drainage grips cleared annually. Dump ditch material into fields rather than leave on the side. N/A 3 Use of vehicle for drainage clearing? Open grips and ditches can be dug by hand. Removal of fly posters and other illegal signs Approval of charity event advertising signage Maintenance of BCC street furniture including repair, replacement or repainting Fly posters and signs which are illegally erected must be removed to ensure the general tidiness and maintenance of the network. This becomes essential if they obscure signs. Charity event advertising signage may be put up, however, this must be approved by the Parish and is deemed illegal if put up without approval. Maintaining street furniture, such as seating, cycle racks, bollards and decorative lighting. Limited to those erected within the public highway or attached to street furniture. Procedure outlined in footnote.1 Personal Protective equipment (PPE) is worn/ used when working on/near carriageways. Limited to the locations listed and administered in accordance with procedure outlined in footnote.2 N/A Inspect street furniture and undertake minor repairs or repainting. Report major damage or vandalism? N/A Services out of Scope The services which are out of scope are as follows: Passenger Transport: This is delivered by Amey. Parishes may wish to be involved in the various community transport projects around the county. Street Lighting: Although towns and Parishes are encouraged to report defects with street lights. Winter maintenance: Although Parishes are involved in minor winter maintenance involving salting of footpaths and some roads, TfB will continue to respond to emergency road clearance and maintain the network during winter. Parking services: Town Councils and Parishes may report parking infringements to the police or BCC but they do not have the powers to issue Penalty Charge Notices. Road Space Management: This requires coordination at a strategic level across the county and would not be appropriate for Parishes to manage. Capital Works: These are large scale programmes which require BCC expertise to manage. Asset management: Requires BCC expert knowledge to manage. Traffic Management: Requires BCC expert knowledge to deliver. Casualty Reduction: Parishes may be involved in this, however, it requires countywide coordination. Routine maintenance: As mentioned in 4.2.4 there are a number of areas where Parishes will be able to conduct maintenance, however the following areas are not appropriate for Parishes to deliver because they involve work on or by the highway: o Filling of category 1 & 2 potholes; o Resurfacing of roads; o Replacements of road signs; o Rural Grass cuts (outside the 30mph boundary); o Major siding out; o Drainage schemes; o Lining works; o Minor patching; o Any works involving positive traffic management. Safety Inspections: Parishes do not have the expertise to carry this out. Transportation systems: Parishes do not have the expertise or the strategic view of the network to manage transport; 1 1: Letter to be sent to the individual, business or organisation responsible for placing the sign requesting their cooperation by removing with 14 days, 2: Should the sign not be removed pursuant to 1, a follow up letter must be sent upon the expiry of the 14 days giving a further 7 days’ notice for removal after which the sign will be removed and returned to store and held for 28days. 3: A charge of £25 per sign will be levied for the signs to be reclaimed. 4: If the signs are not collected within 28 days then they will be disposed of. 5: Should offenders persist on replacing illegal signs BCC retains the right to take whatever legal action it considers appropriate. 2 Charity event signage will only be permitted if a request for permission is made and approved and subject to the sign permit general conditions. All requests must be sent to the Parish Clerk and each request considered on its merits and in light of the general conditions. If a request is approved, the approval letter should be sent to the applicant on Parish Council headed paper. 4 Structures: Parishes do not have the expertise to manage carriageway structures. Existing Range of Powers Parishes & Town Councils have a wide range of existing powers to deliver services and in the majority of cases, there is no legal bar to them taking on services or managing assets. They and principal authorities frequently have concurrent powers where both can provide a service, so delegation from one to the other is possible. These include:3 o Power to maintain footpaths and bridle-ways; o Power to light roads and public places; o Power to enter into agreement as to dedication and widening; o Power to provide roadside seats and shelters; o Power to complain to highway authority as to unlawful stopping up or obstruction of highway or unlawful encroachment on roadside wastes; o Power to provide traffic signs and other objects or devices warning of danger; o Power to plant trees and lay out grass verges etc. and to maintain them; o Powers to contribute financially to traffic calming schemes; o Power to deal with ponds and ditches; o Power to take enforcement action against those that fly-post or graffiti. 3 http://www.aylesburyvaledc.gov.uk/GetAsset.aspx?id=fAA0ADIAMgA3AHwAfABUAHIAdQBlAHwAfAAwAHwA0 5