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Decision details

HSAAT-01-23: Service Delegation & Asset Transfer Package - Trowbridge Town Council

Decision Maker: Cabinet Member for Housing, Strategic Assets and Asset Transfer

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To approve the list of services that will be delegated to Trowbridge Town Council on the 1 April 2023. The list of services is contained in Appendix 1.

 

To approve that the freehold of The Down Cemetery is declared surplus, to enable the freehold transfer to take place to Trowbridge Town Council no later than 1 April 2024.

 

To delegate the implementation of the service devolution to the Director of Highways and Transport, in consultation with the Cabinet Member for Transport, Street Scene and Flooding.

 

To delegate the implementation of the freehold transfer, including terms, of The Down Cemetery to Trowbridge Town Council to the Corporate Director for Resources in consultation with the Cabinet Member for Housing, Strategic Assets and Asset Transfer. 

 

Decision:

To approve the service delegation and asset transfer package as set out in the report.

Reasons for the decision:

In November 2017 the Service Devolution and Asset Transfer policy was approved; it sets out clear guidelines for the packages of services and assets subject to transfer and provides a streamlined process, including the use of standardised service delegation agreements, lease agreements and freehold asset transfer documents.

 

The policy states that the entirety of the Streetscene Service in any one local area must be devolved to enable the best outcome for the transfer. Piecemeal delegations are difficult to manage and risk disparate levels of delivery across the area.

 

The Trowbridge Town Council service delegation meets the policy criteria and the following services are to be included (detailed list in Appendix 1):

 

·       Services:

o   All grounds maintenance services within the Trowbridge Town Council boundary

o   All Streetscene services within the Trowbridge Town Council boundary

o   Responsibility of amenity land hard areas and assets where funded by S106 agreements.

o   Management of the market

o   Management of the Southwick allotment site

o   Management of the maintenance of all closed church yards within the town boundary

o   Responsibility, management and freehold ownership of the Town’s open cemetery at any time before April 2024.

 

All future amenity and cleaning services within the town boundary will be the responsibility of Trowbridge Town Council to manage, including any future land adopted by Wiltshire Council.

 

Ongoing financial analysis has been conducted to examine the revenue impact for the council budgets. The financial model is based on the following assumptions:

 

·       The model assumes the delegation and asset transfer will take effect from 1st April 2023.

·       The model is based upon 2022 rates.

·       Legal Services and Highways staff costs for progressing the delegation are excluded, but are covered in the core service existing budgets. The table below shows the effect of the service delegation and asset transfer on the 2023/24 Streetscene Service revenue budget.

 

Streetscene Savings:

 

 

With service delegation including cemeteries and burials

With service delegation without cemeteries and burials

Comments

Saving

£470,000

£315,000

Reduction to Streetscene Contract

S106

-£30,000

-£30,000

 

 

Market

-£15,000

-£15,000

Reduction in Market Income Budget

Burials

-£60,000

£0

Reduction in Burial Income Budget

Total

£365,000

£270,000

Reduction to Highway Operations budget on the 1st April 2023

 

 

For the Estate and Development Service, the savings from transferring responsibility for the assets will be £0.006m, pro rata from 1st April 2024 per annum. The freehold of the Cemetery will transfer at nil consideration, in line with the approved policy for Service Devolution and Asset Transfers.

 

Property Savings With Asset Transfer Of Downs Cemetery:

 

Property

£5,700

£0

Reduction in Property costs

 

The 2023/24 Budget includes the savings proposal for the Service Delegation to Trowbridge Town Council at £0.365m for 2023/24.

 

There will be a delay in transferring the Cemetery until April 2024 which will create a budget pressure in 2023/24 that the Service will need to manage in year.  This will be captured and reported through quarterly Budget monitoring to Cabinet.

 

There will be a net revenue budget saving of £0.270m pro rata from 1st April 2023 per annum for the Streetscene services.

 

For the delegation/ transfer of the Down Cemetery on the 1st April 2024 a further Streetscene saving of £0.095m has been assumed.

 

Section 106 funds will be transferred to Trowbridge Town Council.  There is a clear process outlining what funds can be used for and the date by which they must be spent.

 

Section 101 of the Local Government Act 1972 and supporting legislation (the Local Authorities Arrangement for the Discharge of Functions Regulations 2012) allows the council to decide to delegate certain functions relating to services to town and parish councils, including Trowbridge Town Council.

 

The delegation of the Grounds Maintenance and Streetscene provision (Appendix 1) can only be undertaken where Wiltshire Council has discretion about the delivery of the services.  The delegation of services will be discharged by way of an Agency Arrangement.  A number of functions are statutory services which will remain the responsibility of Wiltshire Council, however the delivery of the services may be transferred to Trowbridge Town Council. The Agency Arrangement clearly defines the services being transferred and any conditions to which the delegation is subject.

 

Trowbridge Town Council have the power to deliver the services (Appendix 1), and this was considered and approved at their full council meeting on the 21 March 2023.   

 

Alternative options considered:

To continue with the status quo in the Trowbridge area, with the Streetscene Services provided by Wiltshire Council.  If this was continued the opportunity for greater local decision making for street scene services would be reduced.

 

Other reasons / organisations consulted

The council’s Business Plan objective is to transfer packages of assets and services, where applicable, to parish and town councils.

 

The council’s internal main consultation services have been consulted.

 

Contact: Adrian Hampton - Email: adrian.hampton@wiltshire.gov.uk.

Publication date: 23/03/2023

Date of decision: 31/03/2023