Utility companies who flout the rules while carrying out road works are in danger of being prosecuted
Utility companies who flout the rules while carrying out road works are in danger of being prosecuted(Image: Local Democracy Reporting Service)
Utility companies who flout the rules while carrying out road works are in danger of being prosecuted, it has emerged. Kent County Council (KCC) hopes that its get-tough policy will mean highways will be safer, flow more freely and force contractors to speed up the work.
But the authority – which has seen a sharp rise in temporary closures in recent years – will only take offenders to court if it believes all other “reasonable actions” have been explored. The Growth, Environment and Transport committee heard today that evidence will be gathered against companies suspected of repeated transgressions.
Councillors of all parties broadly welcomed the proposal, introduced by highways cabinet member Peter Osborne. Motorists using Kent’s 5,400 miles of roads have become increasingly frustrated at delays caused by works which either wholly or partially close highways.
Kent councils are under pressure to meet housing targets, meaning heavier traffic volumes as well as the construction of new features such as roundabouts and the installation or repair of utility infrastructure. KCC will take action if companies or their agents disregard the law; cause health and safety issues to road-users or workers; damage council assets or create avoidable traffic disruption.
Conservative Cllr Sarah Hudson said the move was “long overdue” as some contractors “take forever and a day” to finish work. Liberal Democrat Cllr Tim Prater said it was his experience that some utility companies “do as little as possible” to carry out reinstatement works.
The authority issues permits to companies needing to dig up roads. In 2020-21, there were 6,600 permits approved by KCC, which soared to nearly 10,300 in 2023-24.
The council has little control over the issue of emergency closures for a burst water main or gas leak. The details of KCC’s new stance are contained in the Street Works Enforcement Policy which went before councillors on Tuesday (January 13) on the Growth, Environment and Transport cabinet committee.
The papers stated: “By enabling KCC to take enforcement action against landowners and utility companies that breach legal requirements or fail to comply with works’ orders, especially when such actions disrupt road management or compromise safety, these policies will improve compliance, reduce disruption and enhance safety on Kent’s road network. While KCC has existing powers to issue fixed penalty notices (FPNs) in respect of street works, and encourage voluntary compliance, these measures are not always sufficient to address repeated or serious non-compliance.
“In such cases, prosecution becomes necessary to uphold statutory duties and protect public safety.” The Reform UK-led council has to comply with legislation such as the Highways Act 1980, New Roads and Street Works Act 1991 and the Traffic Management Act 2024 and can call on enforcement powers to keep roads moving and safe.
KCC will carry out enforcement actions “within existing staffing and budget resources” but each prosecution is estimated to cost a minimum of £2,500. The papers stated: “KCC proposes two formal enforcement prosecution policies for highways, allowing action against those who break the law or disrupt road management.
“This will improve compliance, safety, and reduce delays. Enforcement is a last resort, with legal and financial safeguards in place.”
