Policy for Enforcement and Prosecutions of Highway and Street Works Activities

Committee report · Lead Member for Transport and Environment · Mon 20 Jul 2026 · East Sussex County Council

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What it recommends

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What the meeting decided

The minutes record: Agreed. “RESOLVED to agree the policy in principle and delegate authority to Director of Communities, Economy and Transport to determine the final version of the policy following further review and securing more than partial assurance. REASONS 7.3 The adoption of this policy will strengthen enforcement capability, ensure consistency in decision-making, and support East Sussex County Council in protecting highway users and infrastructure.” minutes ↗

In plain English

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Recommended · This went to the meeting on Mon 20 Jul 2026. What was decided is in that meeting's minutes.

The Lead Member is recommended to agree the policy in principle and delegate authority to the Director of Communities, Economy and Transport to determine the final version following further review. p5

The policy is based on the Highways Act 1980, the New Roads and Street Works Act 1991, and the Traffic Management Act 2004, and introduces enforcement principles of proportionality, consistency, transparency and targeting of risk. p9

An Equality Impact Assessment screening found no significant adverse impacts on protected groups, since the policy applies consistently to all persons and organisations undertaking activities on the highway. p11

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Show the 3 passages this is based on
  • p5RECOMMENDATION: The Lead Member is recommended to agree the policy in principle and delegate authority to Director of Communities, Economy and Transport to determine the final version of the policy following further review and securing more than partial assurance.
  • p92 Supporting Information 1. 2.1 The policy is based on a clear legal framework including the Highways Act 1980, New Roads and Street Works Act 1991, and Traffic Management Act 2004. The framework introduces enforcement principles of proportionality, consistency, transparency, and targeting of risk. A range of enforcement options are available through the framework including informal action such as verbal or written warnings, through to notices, fixed penalties, cautions, and prosecution. Prosecution is reserved for serious, repeated, or high-risk offences, or where other measures are insufficient. Decision-making follows evidential and public interest tests aligned with the Code for Crown Prosecutors.
  • p112.3 An Equality Impact Assessment screening has been undertaken in accordance with the Council's Equality Impact Assessment framework. As the policy formalises the Council's approach to exercising existing statutory enforcement and prosecution powers and applies consistently to all persons and organisations undertaking activities on the highway, no significant adverse impacts on protected groups have been identified.

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