Recommendation 13

HM Government Deferred

We welcome the Committee’s interest in exploring how permit scheme fees can further incentivise efficient working practices. The current legal framework already permits authorities to offer fee discounts for early completion or other efficiency measures. Maximum fees for permits are set out regulation 30 of the Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372) (the permit regulations) and in statutory guidance (Permit scheme guidance) and vary according to the type of permit and road. Regulation 30(3A) of the permit regulations requires permit schemes to include discounts for where works on traffic-sensitive streets are carried out outside of the busiest times. Further, regulations 31(1), 31(2) and 31(3) prescribe limited circumstances when no fee is payable or a fee discount applies, and regulation 30 states that permit schemes must include circumstances when fees may be discounted (this may include a discount in a specified circumstance or a range of discounts with criteria for determining their application). As set out at page 33 of the statutory guidance, authorities are encouraged to offer a range of discounts, within their permit schemes, to reward behaviour change and reduce disruption to the travelling public. It is important to note that permit fees must be charged on a cost recovery basis ensuring that they reflect the actual administrative costs incurred by the authority and cannot be used as a penalty for late or overrunning works. The current framework already differentiates between the scale of works with major works attract higher permit fees than standard or minor works, reflecting the greater complexity and potential disruption involved. Additionally, Lane Rental schemes which can be operated by authorities with approval (where they already have permit schemes in place), are designed to minimise disruption and congestion by incentivising undertakers to carry out works outside of the busiest times on traffic-sensitive roads and to carry out works on different locations. We will engage with highway authorities to understand how these existing powers are being used in practice, and if not, why not. This engagement will help identify any barriers to implementation and whether further amendments to guidance are required to ensure that the scope for fees to incentivise early completion of works is being used consistently and effectively across the sector.