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                                                                                                                         99 Manton Drive

                                                                                                                                                                  Luton  LU2 7DL

                                                                                                                                                                   01582 724257

Ross Bull, Deloitte Touche

Auditor to Luton Borough Council

Verulam Point, Station Way

St Albans, Herts AL1 5HE

 

Copy: Mick West, Auditor to Beds County Council

 

5 Dec 2001

 

Dear Mr Bull

 

Urgent concerns about Luton Borough Council's performance regarding Translink

 

I am writing to summarise my concerns about the way Luton BC, particularly a small group of councillors and officers, has conducted itself in regard to the above major project, for which Luton and Beds CC are joint transport authorities. The project dates from when Beds CC was the sole transport authority for the county.

 

Background

 

Following a sudden U-turn several years ago in its manifesto commitment to reinstating the rail link between Luton and Dunstable, the controlling group on Luton Council has dogmatically - many would say obsessively -pursued the idea of a guided busway, which it calls Translink, to the exclusion of other options, against the wishes of the public.  Luton Borough would claim otherwise, but its publicity in October 2000 derided rail options and was so misleading that 5 complaints were made to the Advertising Standards Authority, of which 4 are likely to be upheld.

 

Friends of the Earth is a broad-based organisation, not a single issue group. We have engaged considerably with the public and decision-makers on a local, regional and national basis.  We have no vested interests - we only wish to see the best option for the public, and a sustainable, healthy future for people and the environment  We are aware of considerable public feeling on this matter.  We have been to many public meetings, and monitored letters to the press. The overwhelming majority in both Luton and Dunstable want trains or trams - not a guided busway. 

 

The South Midlands Multi-Modal Study has confirmed what we have known for years: there is a clear, widely perceived need for a fast east west rail-based public transport service joining the Midland Mainline to the West Coast Main Line, to serve the busy industrial corridor across South Bedfordshire, between Luton Airport Parkway, Luton Central, Dunstable, Leighton Buzzard and Milton Keynes.  This is a separate issue from the proposed east-west rail route from the east coast ports through Bedford, also much needed. The conurbation of Luton, Dunstable and Houghton Regis is a quarter of a million people. 300,000 use the Luton-Dunstable hospital.  Dunstable is the largest town in Southern England without a station, and its citizens need fast access to London. 

 

Luton BC refuses to acknowledge this need, or to listen to Dunstable Chamber of Trade or the Federation of Small Businesses - it is not interested in non-voters who come in to support the local economy, those who leave the area to go to work, or whether more businesses close in Dunstable.  It only wants to provide a local busway.  This would prevent any rail solutions being put in place; would not take any journeys from the A5 or M1; would lead to gridlock, frustration, stress, poor health, and increasing CO2 emissions; and would lower quality of life for the population of South Beds and many others who are obliged to travel into or through the area by car because they have no choice.

 

OUR MAIN CONCERNS FOR THE AUDITOR

 

We note that the Auditor views poorly the regular practice by Luton BC of producing documentation at meetings rather than in advance.  The government consultant, W S Atkins, considered Translink and produced a highly critical report, which Luton officers did not release even to members for over 6 months.  Luton now claims to have addressed all the criticisms: we believe that scepticism at this claim is justified.  We note also that the Audit Commission has ordered Luton Trading Standards officials to improve their service to reflect what is important to local people.  Given this background, we believe it applies not only to Trading Standards department.         / OVER

 

1    Council asked to vote without adequate information

 

A county committee chair complained on 6 Nov that Translink documents were missing.  Five final documents (at least one of which is still not completed) were supposed to have been available since 26 November - 

 

a)       full environmental study (not yet available, as 2nd draft unacceptable to conservation officers)

b)       engineering study

c)       business case

d)       operational case

e)       alternative modes study

 

It is clearly essential to have studied these documents before approving the project for TWA.  Of great concern to the public would be the environmental study statement that 16 sites between Luton and Dunstable are of County Wildlife Site status.  No overlay or large scale map has been produced of the busway development's footprint over these sites, which would not need to be damaged for a rail option. These facts are not mentioned in the summary.

 

Because Beds CC has at least twice deferred a decision, members may be able to read these studies before voting on 13 Dec whether to go ahead with a TWA application.  Luton members were given no such option in September.  A few details were available in draft form only. The County's select committee was informed on Sep 14 that the figures were now very close to being final, ready for submission in October to the Local Transport Plan annual review.  Yet the financial and environmental picture has changed considerably since then. 

 

With none of these studies available, Luton voted on 18 Sep to apply for a Transport & Works Act to enable compulsory land purchase, construction and operation of the busway.  An amendment was lost to refer the scheme to a scrutiny committee for a more detailed examination of various rail-based alternatives.

 

 

2    Escalating cost of scheme

 

In 1994 the cost of the busway was given as £17m.  (A Thameslink rail option was also £17m, and a diesel rail shuttle as £10m.)  Light rail was considered too expensive at £54m, but like the current busway, this allowed for vehicles to travel off the track and into the town centres.  It could of course run along the existing track far sooner and far more cheaply, with possible off-track extensions later.  Luton BC has never taken this option seriously.

 

A Luton scrutiny committee in summer 2001 was told the total cost of the busway would be £50m. A County Select committee on 14 Sep heard that the total cost was £60m, and that this was "pretty close to the final figure".

 

Translink Steering Committee agenda, 22 Nov, gives the figure submitted to government for LTP review as £99m.  (Infrastructure £31.5m, land and compensation £23.8m, capital cost £39.2m, cost of vehicles £4.5m.)  A sheet handed out at the 22 Nov meeting gives a total of £90.5m, of which £70.5m is to be provided by government and local authority, and nearly £20m by third party contributions.  Interestingly, new vehicles are now to cost £14.5m, an increase of £10m in a month.  This figure, extremely unlikely to be found by the local monopoly bus company, may be connected to a government requirement that 25% of funding should be from the private sector.  We also note that new vehicles are to have a life of 5 to 6 years - this seems absurdly short, and poor value for money.

 

Items such as £31.19m for "Detailed design and construction", £8.12m for "infrastructure renewal" and most of the £17.74m land acquisition costs would simply not be needed for trains or trams, which have greater capacity and could run a little less frequently, but would be more reliable.

 

The scheme can now be compared with rearranging deckchairs on the Titanic.  A practical note is that the fins to guide buses would have to be fitted to intercity buses coming to the area if they wish to benefit from the busway.

 

Whether £90m or £99m, it is a very different figure from two months before.  Surely 'Best Value' is now shown as 'Worst Value'; and the cost benefit analysis and business case, which Luton BC was previously struggling so hard to prove was justifiable, must now be considered 'lost in transit'.

 

 

3    Failure to comply with government objectives for public transport

 

The prime purpose of funding major public transport schemes is to give people viable alternatives so they will switch from their cars.  Luton BC claims that when the busway opens (projected for 2007 - it would probably take longer) it would attract either 1 or 2% of people from their cars.  Nearly all would be existing bus passengers.  Given the cost and disruption being considered, this denotes total failure.  Compare South Hants tramway (similar population, also to be on disused railway, already funded by government) where the number of ex-car drivers is projected as 45%. 

 

If a train or tram service were to be introduced for Luton-Dunstable, because no widening of embankments or new bridges would be needed, they could be running within two years at a small fraction of the cost.  Routes for  extension to Leighton Buzzard for Milton Keynes could then be considered.  Rail freight could run once or twice a day.  There would be no on-road delays as with a busway.  However, as with the highly successful Croydon tramway, bus routes could be diverted to meet the train or tram stops.

 

Rail is proven technology. Trains and trams are known to be more comfortable and reliable (particularly late evening), and have greater capacity.  With buses, success is an enemy - queues of people delay the driver.  Far more operating staff, if you can get them, mean greater cost, leading to a longer payback time and higher fares, affecting viability.  Yet extra coaches can be added to trains at peak times with no further staff. Translink proponents have said that 30% of buses on existing routes would be removed.  But this includes areas parallel to the busway all along the Luton to Dunstable road, and past the hospital, where a regular service would still be needed.

 

 

4   Top-slicing funds

 

Luton Borough Council has top-sliced £700,000 from its LTP settlement, which was destined for other important local 'integrated transport' schemes, and diverted it to Translink.    

 

 

5   Pressuring neighbouring authorities to support Translink

 

Considerable pressure has been put on neighbouring authorities who benefit from the LTP settlement. They believe that if they do not support Translink, they will receive less money, and their own audits will be criticised. This amounts to bullying. The government wants to see a public transport scheme upon which everyone can agree, but this must not be at the expense of democracy.  Transport authorities should not create conflict, but work in partnership with their neighbours, and sub-regional needs must play an integral part in any transport decision-making.  Luton Council has given its consultants only local, not sub-regional, briefings.  This is unacceptable.

 

 

6   Continued waste of public money on TWA and Public Inquiry

 

We are afraid that if TWA application is approved, Luton BC may take irreversible action like removing bridges or rail tracks, or buying land, before a Public Inquiry, which could be a year away.  This would be an enormous waste of public money and another year wasted.  We believe enough is enough: the auditors, and the government, should reject the scheme without a public inquiry, and Luton Council should be told to begin afresh in partnership with neighbouring authorities, focusing on public need.  Increasingly frequent gridlock is a regional problem, which urgently needs some kind of rail solution, coupled with a revised and integrated bus service. The government has rejected several guided busway schemes around the UK; it must do so here before further damage is done.

 

Relevance to auditors

Finally, we have seen the booklet Statement of responsibilities of auditors and of audited bodies.

It may be of particularly relevance to our concerns that auditors have a responsibility to report on -

 

Legality of transactions that might have significant financial consequences;

standards of financial conduct and management, budgeting and compliance with financial targets;

compliance with relevant codes and guidelines;

the impact of planned future policies;

the identification, evaluation and management of operational and financial risks;

whether systems of internal financial control are adequate and effective in practice;

arrangements in place to secure economy, efficiency and effectiveness in its use of resources;

arrangements to prepare and publish specified performance information;

compliance with statutory requirements regarding preparation and publication of its best value performance plan;

arrangements to ensure best use of resources at its disposal;

setting performance targets and monitoring outcomes against them.

 

It is also noted that the views of auditors may be sought on -

financial statements;

matters that the auditor considers to be in the public interest;

the value for money of a transaction before embarking upon it.

                                                                       

This is an urgent matter as Beds CC is due to vote next week on whether to apply for TWA.  We therefore look forward with great interest to hearing at least your initial views at the earliest opportunity. If you share our concerns, we would hope you could recommend halting TWA application until you are satisfied that all is well.

 

Yours sincerely

 

 

David Oakley-Hill, Co-ordinator, Luton Friends of the Earth                                                                        

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