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.
Decision type: Key
Decision status: For Determination
Notice of proposed decision first published: 21/10/2025
Decision due: Not before 19th Nov 2025 by Cabinet Member for Highways and Transport
Reason: To allow 28 day notice period required under Executive Decision regulations
Lead member: Cabinet Member for Highways and Transport
Lead director: Simon Jones
Department: Growth, Environment & Transport
Contact: Pauline Harmer, Senior Highway Manager - Highway Operations East Email: pauline.harmer@kent.gov.uk.
Consultees
The proposed decision will be considered at the Environment and Transport Cabinet Committee on 4th November 2025
Financial implications: • There are no additional decision financial implications arising from the implementation of this decision. • Enforcement actions will be carried out within existing staffing and budget resources
Legal implications: Kent County Council (KCC) is the Highway Authority for the purposes of the Highways Act 1980 (The Act). Enforcement Policy • Section 130 of The Highways Act (1980) places a duty upon the Highway Authority to ‘assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it. New Street Works Enforcement Policy: • Under the New Roads and Street Works Act 1991 local highway authorities have a duty to coordinate the works of statutory utility companies. • Section 16 of the Traffic Management Act requires authorities to manage their road networks to ensure the expeditious movement of traffic and to facilitate traffic movement on networks managed by other authorities.
Equalities implications: Equalities implications: There are no equality implications arising from the implementation of this decision. Data Protection implications: There are no data protection implications arising from the implementation of this decision.