Under section 16 of the Traffic Management Act 2004, and section 59 of the New Roads and Street Works Act 1991, local authorities have a duty to manage their road network, and “secure the expeditious movement of traffic”, and co-ordinate street works, to “minimise the inconvenience to persons using the street”.
The Traffic Management Act requires that authorities prepare a Network Management Plan, which identifies how an authority manages the road space for everyone, including statutory undertakers’ works.
In October 2017, Wirral Council became a Permit Authority for street works. This replaced the previous notification process whereby statutory undertakers (such as utility, telecoms and transport companies) would submit a ‘street works Notice’ advising the council of intended works. The Permit scheme allows the council to have more control over the time and nature of works taking place on the highway, particularly on parts of the network which are traffic sensitive.
Under the Permit scheme, statutory undertakers now need to apply for a Permit and obtain the authority’s permission before they start any works on the highway network.
The primary aims of the Permit scheme are as follows:
- encourage collaborative working;
- enable greater coordination of all planned works;
- reduce the disruption and delays caused by street and road works;
- enhance safety of all road users at street and road works; and
- enhance the reliability of activities taking place at a particular time on the Strategic Road Network
Communication and strong links between the authority and all statutory undertakers is essential to achieving the aims of the Permit scheme, which contribute towards good network management.
The implementation of the Permit scheme is formally overseen by the council’s Traffic Manager, who is responsible for considering the impacts of works / events on the highway, encouraging communication and coordination, and making decisions regarding highway network activities.
In accordance with coordination duty, Wirral Council holds regular programmed and performance meetings with all statutory undertakers that operate within the borough, together with major works co-ordination meetings.
These meetings are designed to discuss both planned utility works and major highway works forthcoming in the year and share details of any major projects. These meetings are used to coordinate and plan any major programmed works etc. The council’s street gazetteer identifies streets that may have designated as traffic sensitive, so that statutory undertakers can plan their works and look to avoid works within the traffic sensitive times wherever possible.
Wirral Council is also a member of the regional Highway Authority and Utilities Committee (HAUC), which brings both highway authorities and statutory undertakers together with the aim of reducing the impact of street and road works on members of the public throughout Wirral. HAUC meetings allows the authority to access & share legislative guidance, best practice, and advice on all street works related matters. The committee also provides highways advice and support to the government’s departments.
As a Permit authority, the council uses the legislative enforcement powers available to coordinate street works activities including s74 overrun charges (charges to the company carrying out the work when they overrun their agreed completion date) and fixed penalty notices, to try and encourage / incentivise statutory undertakers to carry out their works with the minimum level of disruption wherever possible.
Over the last three years, the total number of street work activities within Wirral Council was as follows, the average duration of works over each period being 4 days:
- 2022 – 8,311
- 2023 – 9,016
- 2024 – 9,553
For the periods 2022-23 and 2023-24, the following s74 overrun charges and fixed penalty notices were applied: -
Section 74 overrun charges:
- 2022-23 = £46,825
- 2023-24 = £35,650
Fixed Penalty Notices:
- 2022-23 – 1,312 FPN Notices issued / paid (£123,160)
- 2023-24 – 934 FPN Notices issued / paid (£96,320)
Any funds generated through these charges (overrun charges or Fixed Penalty Notices) can then be used to pay for the cost of running the overrun charging scheme. Any excess must be, and is, used by the council to develop and implement safe, integrated, efficient and economic transport facilities and services.
Wirral Council employs a dedicated street works team and continues to oversee the management and coordination of street works activities across the borough. A new street works management system was implemented in March this year (Symology Aurora), which will enhance the authority’s ability to coordinate and monitor statutory undertakers’ programmes and performance.