Traffic Management Permit Scheme (England) Regulations 2007

rose to move, That the Grand Committee do report to the House that it has considered the Traffic Management Permit Scheme (England) Regulations 2007. The noble Baroness said: These regulations introduce a new way for highway authorities in England to manage works on the public highway. We all recognise the importance of our roads for businesses and communities, and for moving people and goods around towns and cities and across the country. We are also all familiar with works that create hold-ups on those roads, whether carried out by utility companies or by highway authorities which themselves are responsible for, and have a duty to, manage the road network. Permit schemes will provide highway authorities with a more effective tool to help them manage these works and thus reduce the delay and congestion that they cause. Permit schemes were introduced under Part 3 of the Traffic Management Act 2004, which included a provision, in Section 39(4), that the first regulations about permit schemes, "““may not be made … unless a draft of them has been laid before and approved by a resolution of each House of Parliament””." These regulations provide a detailed framework for applications for permit schemes and for the content and operation of those schemes. Highway authorities may prepare and administer individual permit schemes within that framework only. Permit schemes prepared by local highway authorities will take effect only when they are approved by the Secretary of State following extensive local consultation. Under a permit scheme, any utility or highway authority wanting to carry out works in a street specified in that scheme would need to obtain a permit before the relevant works are begun. A local authority may choose to attach conditions to a permit, such as specifying the days or times when work may be done. Local authorities will be able to make exceptions to permit requirements in certain circumstances, which will enable emergency works to be dealt with promptly. Utilities will pay a fee for a permit which will cover the cost of administration in relation to their works. The draft regulations have been drawn up following extensive consultation, particularly with the permits working group, which consists of representatives from local authorities and utility companies. It has resulted in a number of changes in the draft regulations now before the Committee. The policy objective behind permit schemes is to give highway authorities greater control over work in the street that may cause disruption. While those works may be necessary, how they are planned, co-ordinated and carried out can make a great difference to their impact. The intention is that the highway authority should be proactive in managing and co-ordinating its own and other promoters’ works, enabling authorities to have better managed local road networks and reduced local congestion. We believe that permits will be a valuable new tool to achieve those ends. For example, permit schemes can be arranged so that where gas or water companies want to maintain pipes in the same street they will have an incentive to work together and perhaps co-ordinate their work with the highway authority street maintenance programme. Even if it is not physically possible for works promoters to combine their activities, local authorities will be better able to manage and co-ordinate all works to minimise the overall impact and reduce disruption and congestion. It will not be mandatory for highway authorities to run permit schemes, nor do we expect that all highway authorities will wish to do so. The regulations provide a framework for permit schemes. We have also issued statutory guidance and a code of practice. While the regulations will require a degree of standardisation in permit schemes—for example, all schemes must include utility and highways works and they must be treated equally—there will also be some flexibility. Authorities will be able to choose whether to operate a permit scheme over all or some of their roads in all or some of their area. When it comes to considering applications from authorities to operate a permit scheme, a key factor will be the expected balance of costs and benefits. The Government are aware of the concerns of utility companies about fee levels. The regulations constrain the level of fees so that only the costs associated with running a permit scheme attributable to utility works can be recovered by fees and an absolute upper limit is imposed on fees. We are equally aware that some local authorities have concerns about fee levels from the opposite perspective: that the cap on fees will not enable them to cover the relevant share of the costs. The Government consider that the maximum fee levels proposed should enable authorities to go ahead with setting up permit schemes. We will be reviewing the first permit schemes after a year to look at their operation and see whether they are achieving their objectives. The appropriateness of fee levels will be part of that review. As we see it, the benefits of successful permit schemes will be substantial, with reduced disruption and delay. Reduced occupation of the road by activities helps to reduce congestion and maximises the efficiency of the existing highway network, improving reliability and making journeys more predictable, as well as faster. This makes journeys easier to plan and reduces the amount of wasted or unproductive time. With reduced congestion comes reduced local pollution, with benefits for air quality and other aspects of the environment. Public transport can also operate more reliably and provide a better service to the public, potentially further relieving congestion on the road by attracting motorists on to public transport. In conclusion, the regulations will, I am sure, be widely welcomed. It has taken a great deal of hard work to achieve the right balance between the needs of road users and the need for effective and well-maintained infrastructure. I am grateful to everyone who has contributed so far to trying to find that balance, and I commend the regulations to the Committee. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Traffic Management Permit Scheme (England) Regulations 2007. 25th Report from the Statutory Instruments Committee.—(Baroness Crawley.)