Appendix 1, Lead Member for Transport and Environment

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

The policy sets out how East Sussex County Council, as Highway Authority, will enforce encroachments, obstructions, damage, unlawful interference or other offences relating to highways and street works. p4

It applies to all alleged interference or offences relating to the public highway within the Authority's area, including unauthorised street works, obstruction, damage, and unauthorised installations. p5

Enforcement options range from informal advice and warnings to statutory notices, licensing controls, fixed penalty notices, and prosecution for serious or repeated non-compliance. p9

The policy will be reviewed every two years, or sooner if legislation, case law or local priorities change. p20

Show the 4 passages this is based on

• p41.0 Purpose 1.1 This Policy sets out how the Highway Authority, East Sussex County Council (the Authority), will enforce encroachments, obstructions, damage, unlawful interference or other offences relating to highways and street works to protect the use and enjoyment of the highway for the public, and ensure public safety, maintain network integrity, and secure compliance with legislation. It explains when enforcement is considered, how decisions will be made, and the standards expected in investigation and case management.
• p52.0 Scope 2.1 This Policy applies to all alleged interference or offences on or in relation to the public highway within the Authority’s area, including but not limited to: · Encroachment · Unauthorised, unsafe, or non-compliant street works (utilities and private promoters) · Obstruction or damage to the highway · Unauthorised installation, attachment, placement, display or retention of any object, apparatus, structure, sign, banner, decoration, equipment or other item on, over, under or adjacent to the public highway or any highway asset, where such activity requires the consent of the Highway Authority · Unauthorised vehicle crossings/dropped kerbs · Improper placement or management of skips, scaffolds, hoardings and building materials · Dangerous excavations and non-compliant traffic management · Advertising, trading or other encroachments requiring consent 2.2 It applies to the Authority’s officers and to any agents and/or contractors acting on the Authority’s behalf.
• p95.0 Enforcement Options 5.1 Enforcement will be risk ‑ based, prioritising actions that address threats to highway safety, network integrity, or the efficient movement of traffic. Measures that will be taken include (but are not limited to): · Informal Action: Advice, verbal or written warnings, improvement letters. · Direct action, such as the immediate removal of obstructions · Statutory Notices/Requirements: Defect notices, Section 81 (defective apparatus) notices, removal of obstructions/materials, remedial directions. · Licensing/Permitting Controls: Vary, suspend or refuse permits / licences; impose conditions. · Financial Sanctions (Civil): Fixed Penalty Notices (FPNs) where available; permit fees / variations; inspection charges; defect and investigatory costs; civil cost recovery for damage. · Simple Caution: Where offence admitted, evidential test met, public interest served without court action. · Initiate civil proceedings, including seeking injunctive relief. · Prosecution: For serious, repeated or aggravated non-compliance, or where other measures are inadequate.
• p209.2 This Policy will be reviewed every two years or sooner if legislation, case law or local priorities change.