Decision details

Proposed decision

To approve and adopt a new enforcement policy enabling Kent County Council (KCC) to take enforcement action against land owners to ensure highways users are not put at risk from non-compliance under relevant statutory provisions.

To approve and adopt a new street works enforcement policy enabling KCC to take relevant enforcement action up to and including prosecution against utility companies and other entities for non-compliance failures under relevant statutory provisions.

Reason for the decision

As the local Highway Authority, KCC has a statutory to ensure that the public can use and enjoy any highway for which they are responsible including any roadside waste which forms part of it.

KCC also has a statutory duty to coordinate the works of statutory utility companies.

Background

To meet these obligations, KCC needs to know about all the work happening on the road network. The work must be done in timely fashion with the safety and convenience of all road users in mind. The proposed polices will enable KCC to take enforcement action against landowners and utility companies when they break the law or act in a way that is non-compliant to the works orders. This is especially important when such violations affect the council's ability to manage and coordinate road works or when the work is done unsafely or disruptively.

How the proposed decision supports the KCC Strategic Statement

This proposal is aligned with the strategic statement and direction of the emerging 'Reforming Kent' agenda

·   to improve the quality the highways network and to reduce the delays caused by road works.

As Cabinet Member for Highways and Transport PORTFOLIO, I agree to:

a)    To approve and adopt a new enforcement policy enabling Kent County Council (KCC) to take enforcement action against land owners to ensure highways users are not put at risk from non-compliance under relevant statutory provisions.

b)    To approve and adopt a new street works enforcement policy enabling KCC to take relevant enforcement action up to and including prosecution against utility companies and other entities for non-compliance failures under relevant statutory provisions