Highway Enforcement Policy
Introduction
Environment provides a wide range of services. The key functions in relation to highways, including rights of way, are to:- Manage, maintain and improve the natural and built environment.
- Manage, maintain and improve the transport network.
The Enforcement Concordat
The County Council has agreed the principles of the Enforcement Concordat laid down by Central Government Cabinet Office. The Enforcement Concordat is a code that sets out what business and others can expect from officers employed by Durham County Council. It demonstrates local authority regulatory competence and good practice commitment to a fair and safe environment. One of the main duties of the Highways Authority, acting on behalf of the County Council is the protection of the public rights on the County’s road and footpath network. The effectiveness of legislation in protecting the public is dependant on the compliance of others.Officers from time to time are required to deal with businesses and individuals who for whatever reason breach the statutory protection relating to highways. The initial aim of officers 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.
Highway enforcement action areas include Public Rights of Way, Highways and Highways Works associated with new developments.
Countryside staff have a duty to ensure that public rights of way are open and safe for use, free from obstruction and clearly marked. They are responsible for checking that works requested of owners / occupiers of land e.g. repair of stiles and clearance of crops have been carried out to a suitable standard.
The County Council, as Highway Authority, has a duty to maintain adopted highways to safe and serviceable standards. Staff have to protect the rights of the public to the use and enjoyment of such highways by ensuring they are free from nuisance, danger, obstructions, unlawful stopping up, interference and encroachments.
Carriageways, footways, verges and footpaths serving new developments will be adopted by the County Council and maintained at public expense provided they have been constructed in accordance with the Authority’s standards. Staff ensure such standards are met and that finance is secured for such roads in accordance with the Advance Payments Code.
The County Council as Street Works Authority 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 County 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.
Staff 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.
Officers may deal with matters informally or formally and ultimately the action may lead to prosecution.
By adopting the Concordat we are committed to the following policies and procedures in relation to enforcement:
Openness and Helpfulness
- We will encourage businesses, the public and other groups to seek advice and assistance on compliance.
- We will provide information and advice in plain language.
- We will provide a courteous and efficient service at all times. Our staff will identify themselves by name.
- We will be open about our work and the charges we set.
- We will consult businesses, voluntary organisations, the public and workforce representatives in our endeavours to be open and clear in our approach.
- We will explain, if required, the circumstances of each case, general issues, specific compliance failures or problems with anyone experiencing difficulties.
- We will provide a contact point and telephone number for any further dealings.
- We will inform those involved, where appropriate, of our intentions.
- A customer satisfaction survey will be carried out and results will be published.
Targeting and Standards
We have set targets for issuing licences, certificates and responding to requests for advice and information. We aim to achieve the targets and standards set i.e.- Acknowledge all external correspondence unless a reply can be guaranteed within 5 working days of receipt.
- Respond to requests for advice and assistance, where possible, within 25 working days.
- Respond to 80% of requests for highways information on local searches within 5 working days of receipt.
- Respond to 80% of requests for highways views on planning applications within 20 working days.
- Issue a Part 1 Certificate (s38 Agreement) for adoption of roads serving housing developments within 14 working days.
- Issue a Part 2 Certificate (s38 Agreement) for adoption of roads serving housing developments within 28 working days.
- Issue licences for scaffolding and skips within 3 working days.
- Meet 75% of customers at County Hall help desk within 10 minutes of arrival.
- Answer the telephone within 30 seconds.
Prosecution Policy
Levels of enforcement action
Council officers will seek compliance with legislation by one or a combination of methods.Advice and Guidance
We will assist businesses, individuals and others to comply with legal obligations. We will provide information, advice and guidance and attend site meetings where appropriate to discuss problems.Informal Warnings
An opportunity to comply with legislation will be given either in the form of written advice and guidance or oral briefings. A follow up visit will take place to ensure compliance with advice and warnings.Formal Enforcement
Any business, individual or other group in breach of legislation may be dealt with formally and the case transferred to Corporate Services to begin legal proceedings.Immediate Action
Where immediate action is deemed necessary, an explanation will be given, when appropriate, which may be confirmed in writing in most cases within 5 working days and in all cases within 10 working days.Prosecution
The service undertakes enforcement on behalf of the public at large and not just in the interests of any particular individual or group. When considering prosecution action all circumstances of the case will be taken into consideration. The decision to prosecute will always take into account the criteria laid down in the Code for Crown Prosecutors.We may prosecute where it is in the public interest, for example when any of the following occur:
- Unlawful acts or omissions that seriously or repeatedly compromise public safety or the highways environment or cause serious nuisance.
- The offence involves failure to comply with a statutory notice.
- The offender has previously disregarded highway regulations and laws .
- The offender has breached the law and has ignored advice and requests to remedy the situation.
- The council is under a statutory duty to enforce legislation.
Complaints
The County Council has a corporate complains procedure to which the service adheres.- In cases of dispute we will provide a copy of the complaints procedure.
- Complaints will be dealt with quickly, fairly and consistently.
- We will explain our decisions and aim to provide an appropriate remedy.
- If a complaint can not be resolved we will inform you of your rights of appeal.
- Where there are rights of appeal against a formal action - advice on the appeal process will be given at the time the action is taken.
- Where there is a statutory right of appeal against a Statutory Notice we will inform you of the provisions.
Consistency
We will endeavour to carry out our duties in a fair, equitable and consistent manner by ensuring that our staff are trained properly and are aware of the Service's Highway Policy on good enforcement. Where necessary we will liaise with national agencies and other authorities and enforcement bodies.Comments
If you wish to comment on our enforcement policy, the enforcement staff, information received or the quality and standard of service, make your views known whether they are complaints or compliments.All comments can be made in writing to:
John Richardson
Corporate Director
Environment
Durham County Council
County Hall
Durham
DH1 5UQ
Or via email: eandrs@durham.gov.uk
