Source · Select Committees · Transport Committee
Recommendation 14
14
Rejected
Consult on amending urgent works permit definitions and introducing fines for permit misuse.
Recommendation
Immediate urgent and immediate emergency permits are an essential tool, but they should be used in situations when there is a genuine need or plan to urgently fix a problem. The Department for Transport should consult on how the use and definition of urgent works could be amended to prevent the use of these permits for works which are known about by utility companies well in advance or do not require instant attention, such as a low level waterpipe leak. Options could include introducing a new category of immediate permit which accommodates work to maintain the supply of a service but is not going to be fixed immediately, or reforming immediate permits so that the level of advance warning required is linked to the severity of disruption. The Department should consider whether fines could also be used against companies which are found to have misused immediate permits. (Recommendation, Paragraph 64)
Government Response Summary
The government recognises the importance of appropriate permit use but states its review of data found no evidence of widespread misuse of immediate permits. It will not consult on amending the definition or introduce fines as recommended, but will work with HAUC to update the Co-ordination Code of Practice to provide greater clarity on when immediate permits should be used.
Government Response
Rejected
HM Government
Rejected
The Government recognises the importance of ensuring that immediate permits are used appropriately and consistently. While these permits are essential for responding to genuine emergencies and urgent service disruptions, we acknowledge concerns raised by some highway authorities about their potential misuse. Urgent works are works where immediate action is needed to prevent a loss or restore any supply or service provided by them. The Co-ordination Code of Practice advises that immediate permits should not be requested for planned works or works that are known about. We have reviewed available data and note that while immediate emergency permit applications have decreased over the past three years—from 183,675 in 2021/22 (6.3% of total permits) to 127,684 in 2023/24 (4.1%)—the number of immediate urgent permits has increased over the same period, from 593,719 (28.2%) to 703,438 (31.8%). This trend highlights the need for continued scrutiny.3 We recognise that some HAs have raised concerns about the potential misuse of immediate-urgent permits. We have examined Street Manager data and spoken to industry representatives, as well as some local authorities and have found no evidence of misuse. We examined information about the works such as the works’ description, and it appears that the works were for genuine emergencies or urgent repairs to restore services. We discovered that the main organisations using immediate-urgent permits (the highest category) are water companies and HAs themselves to, for example, repair leaks and restore customer connections in line with requirements from regulators, or to repair dangerous potholes. We do, however, recognise the Committee’s concern in this area and work with HAUC to update the Co-ordination Code of Practice to provide greater clarity on when immediate permits should be used. We will continue to monitor usage trends and keep this issue under review to ensure the system remains effective, proportionate, and focused on minimising disruption to local communities