A report from the Director of Regeneration and Environment is attached. This presents the proposed Street Works Enforcement and Prosecution Policy. (Key decision – reference number 4042)

(Report No.222)

(8.55 – 9.00 pm)

Councillor Chris Bond (Cabinet Member for Environment and Community Safety) introduced the report of the Director of Regeneration and Environment (No.222) presenting the proposed Street Works Enforcement and Prosecution Policy, which set out when and how enforcement powers were used and when prosecution would be considered, which was open and transparent to the utility companies which operated within the Borough.

NOTED

1.               That the proposed Policy set out when and how enforcement powers were used and when prosecution would be considered, which was open and transparent to the utility companies which operated within the Borough.

2.               The consultation exercise which had been undertaken with major utility companies as detailed in section 3.6 of the report. Councillor Brett asked if it would be possible to provide designated named liaison officers for each of the companies listed.

Alternative Options Considered: Although there was no statutory requirement under street works legislation for a Highway Authority to have an enforcement and prosecution policy and all actions undertaken by the Council were covered by statute and all officers involved in the process operate under approved delegated powers, the alternative option of not having an enforcement and prosecution policy was not considered appropriate.

DECISION: The Cabinet agreed to approve the Street Works Enforcement and Prosecution Policy.

Reason: The setting out of a highway authority’s policy in respect of when and how enforcement powers were used and when prosecution would be considered, which was open and transparent to the utility companies, was considered good practice and help repudiate any claims of unfair use of the Council’s powers by a particular utility company.

(Key decision – reference number 4042)