Road enforcement and excavation

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It is our duty as Highway Authority to assert and protect the rights of the public to use and enjoy the highway that we are responsible for maintaining. Sometimes we have to use our powers of enforcement to achieve this.

This is very far reaching and complicated duty that we do on your behalf and will include such things as:

• ensuring that no illegal obstructions or encroachments onto the road
• ensuring that the road is not dug up without our permission, thus preventing damage to the roads
• ensuring that anything legally placed on the road, such as skips or scaffolding, is done so safely and with our permission
• ensuring that no one deposits anything on a road that could be a danger to road users

Most of the powers of enforcement that we are allowed to use come from The Highways Act 1980 but there are many other Acts of Parliament that also give us powers or lay down how we have to carry out our duties. For example The New Roads and Street Works Act 1991 governs digging in the road by utility companies. The Road Traffic Regulations Act 1984 allows us to make orders and the Countryside and Rights Of Way Act 2000 is concerned with Rights of Way and with the right to roam.

Given the complexity of Highway Law it is not possible to give full details of our powers of enforcement. We try to manage enforcement in as fair a way as possible and will only use our full powers after all other methods have been exhausted.

Highway excavations

Permission is required from the Council before excavating in the public highway. Accredited Street Works contractors only are permitted to excavate in the highway.

Under the Highways Act 1980 a person may make a temporary excavation within a street that is maintainable at public expense, but the permission of the Council is required.

Under the New Roads and Street works Act 1991 the authority may grant a licence permitting a person to place or maintain apparatus in the street such as electricity cables or water mains. A Street Works Licence authorises the licensee to carry out the works permitted by the licence. Application forms and further details can be obtained by contacting Customer Care.

Related information

• Highway problems and enquiries

Last updated: 3 February 2012