Agenda item

Peter Osborne (Cabinet Member for Highways and Transport) Andrew Loosemore (Interim Director of Highways and Transport) were in attendance for this item.

1.Mr Osborne introduced the following key decision

a)    The Cabinet Member proposed to introduce two new Highways Enforcement Policies. These policies enabled the County Council to act against landowners and utility companies that had breached legislation or significantly disrupted the management of the highway network. Enforcement would only be used as a last resort, when all other avenues to resolve the issue had been exhausted.

b)    The primary aims of the discussed policies was to improve road safety, reduce delays, and ensure fairness and transparency on how highway-related non?compliance was managed.

2. In response to comments and questions from Members, the discussion covered the following:

a)    Members discussed examples of long-term infrastructure disruptions and failures by developers. Officers acknowledged the concerns and examples raised but did suggest that each individual case had its complexities and legal issues that would need to be addressed separately.

b)    The proposal was welcomed by Members especially if the policy was to be used to deal with ongoing issues with utilities companies and their impact on the roads of Kent. Members suggested that with the aid of the policy KCC could be far more robust with required timeframes for expected repairs and disruptions to the public.

c)    It was suggested that the defect list be reviewed to encompass the actions of reinstatement and if reinstatement works were deemed inadequate after a repair and that the associated contractor be summoned to amend the repair to a satisfactory standard.

d)    The Cabinet Member echoed the concerns and acknowledged the wider examples Members had shared. Officers echoed suggestions that the key decision would allow KCC to be more robust in challenging developers.

e)    On the discussion of fixed penalty notices (FPN), KCC currently issued FPNs and carried out inspections of all utility works at various stages. The new proposed approach, if KCC intended to pursue prosecution, would not issue an FPN as this removed the legal basis for further actions. Instead KCC would begin collecting evidence against the utility company and build a formal case.

f)      KCC’s approach had focused on issuing FPNs but would now shift to seeking to take enforcement actions further where necessary. Officers anticipated that the number of prosecutions would remain relatively low, as the primary objective was to send a clear message that would ultimately drive compliance and improve performance across the sector.

RESOLVED to endorse the proposed decision, namely:

That the Cabinet Member for Highways and Transport 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