Roads and highways - Enforcement
The Council has a duty to maintain adopted roads and highways to safe and serviceable standards. We have to ensure they are free from nuisance, danger, obstructions, unlawful stopping, interference and encroachments.
From time to time we are required to deal with businesses and individuals who for whatever reason breach the statutory protection relating to highways. Our initial aim is to assist businesses and others to comply with their legal obligations without unnecessary expense or hardship. However, ultimately, firm action will be taken against those who disregard the law.
Enforcement action areas include, Public Rights of Way, Highways and Highways Works associated with new developments.
If a person without lawful authority or excuse in any way wilfully obstructs the free passage along a highway, they are guilty of an offence. In such cases the Highway Authority has legal powers to enforce their removal.
Carriageways, footways, verges and footpaths serving new developments will be adopted by the Council and maintained at public expense provided they have been constructed in accordance with the Authority's standards.
The Council has a duty to co-ordinate works on the highway, including the works of Statutory Undertakers, in the interests of safety, public convenience, the protection of the structure of the street and the integrity of apparatus in it.
The Council also has powers regarding the timing of Street Works and the restriction of such works within 12 months of the completion of substantial road works.
We will ensure that the requirements contained in the New Roads and Street Works Act 1991, and its supporting Codes of Practice, including those for traffic management and reinstatements are carried out effectively and efficiently. Council Officers may deal with matters informally or formally and the action may lead to prosecution.
Page updated: 20 Oct 2010
.