I am writing with reference to the New Roads and Street Works Act 1991
Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters, Fourth Edition Revised October
(2012https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/43578/street -works-code-of-practice.pdf). In particular my enquiries are in relation to Chapter 3 The Register, rather than to Chapter 4 The Street Gazetteer and additional street data. I have included the relevant extracts from the Code of Practice below my email.
Under section 3.2 Register keepers the Code of Practice states:
For streets which are not maintainable highways (non-publicly maintainable or private streets) the street authority is the street managers. This might impose unreasonable burdens on street managers, who are often just the householders fronting the street, so the regulations exempt
street managers from the requirement to keep registers. Instead, the local highway authority is required to keep the register in respect of non-maintainable highways.
Under section 3.5 Content of registers, I understand that The (Street Works) Register must record:
• details of every street for which the local highway authority is the street authority
• details of every street which is a prospectively maintainable highway;
• details of every street, of which the local highway authority is aware, which is a highway,
but for which it (the local highway authority) is not the street authority;
• details of every street, or part of a street, which is: a) a protected street; b) a street with special engineering difficulties, or, c) a traffic-sensitive street and proposed designations;
1a – Relating to section 3.5 Content of registers (above) can you confirm that the two streets Sea Lawn Terrace (EX7 0AD) and 1 to 7A Riviera Terrace (EX7 0AE) are each recorded in the street works register as ‘a street, of which the local highway authority is aware, which is a highway, but for which it (the local highway authority) is not the street authority’?
1b – If this is not correct, can you specify which of the above categories the
two streets are?
Devon County Council has been asked on several occasions whether it has
complied with the requirements of the streetworks register. The answer to that
question is yes.
All streets are logged in the National Street Gazetteer (NSG). Street works are
logged in the Streetworks Register. These are two entirely separate databases,
namely one that holds street data and one that holds street works data.
All streets, regardless of whether they are highways maintainable at public expense or private roads are logged in the NSG. You can view the NSG by visiting the website:
https://www.devon.gov.uk/roadsandtransport/data/
2 – Again, relating to section 3.5 Content of registers (above) can you confirm whether Crossways, 8 to 11 Riviera Terrace (EX7 0AE), is recorded in the street works register as ‘a street, of which the local highway authority is aware, which is a highway, but for which it (the local highway authority) is not the street authority’ or if it is not recorded in the street works register?
It is understood that Crossways is a gated driveway to 4 properties with
no public access. Devon County Council hold no information with regard to Crossways at this postcode but any information will be held at the website given in response to question 1 above.
3 – Also as per section 3.5 Content of registers (copied below this email), can you provide all information held in the street works register relating to EX7 0AD and EX7 OAE, including any restricted information (please see my paragraph below). Under section 3.5 Content of registers, this includes particulars of all notifications, notices, consents and directions, served, published or given; the details of each street (EX7 0AD and EX7 0AE); description, timing and location of street works; particulars of street works licences, including details of conditions and changes of ownership; completion of reinstatements; details of road closures and diversions; and the road category of each street. I understand from section 3.6.3 Retention of Information that the information will date back at least 6 years, but if you are able to provide all information held, if dating back further, I would be most grateful.
Please see information contained in the table available via the link below:
https://devoncc.sharepoint.com/:b:/s/PublicDocs/InfoMgt/EeC0NnA8MxBKlKcWY1jHrS0B_qzj7qgPFHTDjMAy-3tTew?e=fm3jhG