Decision details

Utility companies have a statutory obligation to apply for streetworks permits through the County Council’s permit team. This is in accordance with relevant legislation such as the New Roads and Street Works Act, the Traffic Management Act, the West Sussex Permit Scheme and the associated regulations and Codes of Practice.

Utility companies are required to use their best endeavours to co-operate with the County Council as the street authority, in the interests of safety, to minimise inconvenience to people using the street and to protect the structure of the street and the integrity of the apparatus in the street. Failure to do so is an offence under the relevant section of the legislation.

The County Council’s street authority will prosecute if it considers that an offence has been committed and if the evidence shows that there is a realistic prospect of conviction, for example where the relevant offender has shown a previous poor history of compliance under its statutory obligations and/or the offender has failed to discharge its liability under The Street Works (Fixed Penalty) (England) Regulations 2007 or the Traffic Management Permit Scheme Regulations 2007.

The adoption of The West Sussex Streetworks Prosecution Policy will empower the street authority in carrying out its statutory duty/ies in accordance with the relevant Acts of Parliament.

The Cabinet Member for Highways and Infrastructure has approved the Street Works Prosecution Policy attached as Appendix A to the report.

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