MPs call for new commissioner to help curb council legal disputes over street works

In a report published on Thursday (3 July), the cross-party groups of MPs also called for more powers to be given to local authorities to limit disruption and congestion caused by street works.

On the creation of a new commissioner, the committee said the move could help ensure consistency in the interpretation of guidance across England and help avoid costly legal battles.

The report said: "Where disputes arise between utility companies and local authorities, sometimes as a result of differing interpretations of legislation and guidance, an independent function for resolving these disputes short of legal action could save money and time."

It added that the new watchdog could be similar to the Scottish Road Works Commissioner, which oversees improvements to the planning, coordination and quality of road works in Scotland.

The independent Scottish body, which was established in 2005, has the power to inspect road works and investigate the organisations carrying out the works.

Where investigations identify systematic failures, the commissioner can exercise its compliance powers and organisations that fail to meet acceptable standards can be subject to financial penalties.

According to the report, the committee heard "overwhelming evidence" from local authorities that the current regulatory regime leaves them ill-equipped to monitor and coordinate utility companies' street works, or to penalise companies that behave badly.

Among its recommended reforms to tackle the issues, MPs suggested that powers to use lane rental schemes should be made available to all councils that want them.
Lane rental schemes allow local authorities to charge companies a daily fee for carrying out works on the busiest roads. There are currently just five rental schemes in operation.

On 'Reinstatements' - which refers to when parts of a road or pavement have been dug up and then put back in place - the committee meanwhile called for an extension to the reinstatement period.

Current regulations in England say that utility companies are responsible for the quality of the road surfaces they have reinstated for two years after street works have been completed.

The committee recommended that the guarantee period for reinstatements should be extended to five years.

The committee also said the use of immediate permits - which enable companies to dig up roads with little or no notice given to the local authority - should be "tightened".

It said that the Department for Transport should consult on a new definition that prevents the use of these permits, for example, when a company had known for a while that the work in question needed doing.

Transport Committee Chair Ruth Cadbury said: "Our report sets out a shopping list of small changes that could make a huge difference, sharpening the teeth of the regulations that already exist while also providing incentives to for utility companies to work efficiently and coordinate their work with councils.

"Upping the quality of reinstatement works will help stem the never-ending plague of potholes on local roads. Lane rental schemes should provide a financial incentive to complete works on time.

"And longer-term planning and earlier notification should help councils prevent the infuriating occurrence of multiple roads being closed in one locality, or the same road being dug up multiple times in one year."

Adam Carey