Agenda item

Schedule 1 of the West Midlands Combined Authority (Functions and Amendment) Order 2017, Combined Authority Roads

Report of the Director of Regeneration and Economy

Minutes:

Cabinet considered a report of the Director of Regeneration and Economy which outlined a proposal by the West Midlands Combined Authority (WMCA) to remove Schedule 1 of the West Midlands Combined Authority (Functions and Amendments) Order 2017, which prescribes a list of roads designated as Combined Authority Roads. Combined Authority Roads are also known as Key Network Roads.

 

The WMCA Board, at its meeting on 25th June 2025, resolved:

 

(1)  That WMCA Board agree to initiate a period of statutory consultation in

  relation to the removal of Schedule 1 to the West Midlands Combined Authority (Functions and Amendment) Order 2017.

 

(2)   That the consultation run from 23 June 2025 to 15 August 2025 for 8

  weeks.

 

(3)  That a report be brought back to the WMCA Board on 12 September detailing the outcome of the consultation and proposed next steps.

 

The report indicated that the reason for this resolution is that Schedule 1 duplicates WMCA powers under Section 107ZA of Local Democracy and Construction Act 2009 (2009 Act), as amended by the Levelling-up and Regeneration Act 2023, and grants the power to Combined Authorities to designate a highway in its area as a Key Network Road (KNR), or remove that designation, with the consent of its constituent authorities and its Mayor. The explicit designation of Roads in Schedule 1 causes the WMCA two main issues.

 

a)  The WMCA now has the power to designate KNRs, but Schedule 1 only

allows the WMCA to use to its powers over the roads already specified   as Combined Authority Roads.

 

b)  The ability to designate roads as KNRs is blocked as their designation as Combined Authority Roads would remain as provided for in the 2017 Order.

 

The WMCA is the only Mayoral Combined Authority where this situation is in place, and following consultation with the Department for Transport it has been agreed that the removal of Schedule 1 is the most appropriate way in which to rectify this issue.

 

In practical terms, this change will not impact upon the way in which the Key Network Roads in Coventry (which comprises most “A” class roads and some “B” class roads) is managed, with the City Council remaining responsible for the day-to-day management of these roads, including matters such as setting speed limits, determining parking restrictions and other traffic management regulations, and monitoring traffic conditions and taking appropriate action to address any incidents or emerging priorities.

 

Given the timescales and the relatively technical nature of the amendments being proposed by the WMCA, this report sought delegated authority to be granted to the Director of Regeneration and Economy following consultation with the Cabinet Member for Jobs, Regeneration and Climate Change in relation to the decision to submit the proposal to the Secretary of State and the subsequent decision regarding the laying of the Order.

 

RESOLVED that Cabinet:-

 

1.  Delegates authority to the Director of Regeneration and Economy, following consultation with the Cabinet Member for Jobs, Regeneration and Climate Change, to consent to the submission of the proposal to amend the 2017 Order to the Secretary of State, following the WMCA Board meeting on 12 September, on the basis that any WMCA powers relating to the Key Route Network within Coventry will only be applied in full agreement with the City Council.

 

2.  Delegates authority to the Director of Regeneration and Economy, following consultation with the Cabinet Member for Jobs, Regeneration and Climate Change to consent to the laying of the draft Order once it has been received from the Secretary of State.

 

Supporting documents: