Case Reference: 101002000366

Response details:

Dear Cllr Stephanos Ioannou,

Thank you for your enquiry regarding the protection of pavements and grass verges during development works.

When planning permission is granted, the Council (as the ‘Local Planning Authority’) may require a Construction Management Plan (CMP). A CMP can set out how construction traffic should access the site, but it does not regulate or enforce the condition of the public highway. Damage to pavements and verges is not a planning enforcement matter and is not covered by planning legislation.

Public pavements and verges form part of the adopted highway, and responsibility for their protection, inspection, and any recovery of repair costs lies with the Highways Service (as the ‘Highways Authority’). It would be for Highways officers to carry out inspections, assess any damage linked to construction activity, and where appropriate, pursue reimbursement from the developer or contractor.

Planning Enforcement therefore has no legal powers to inspect or charge for damage to the public highway.

Best Regards
Team Leader – Planning Enforcement

Original enquiry description:

You could help please by letting me know what requirements there are when Planning Permission is given over protection of the public pavements/grass verges. Further what follow up action is taken by the Local Authority when the works have been completed to examine the site and back charge the cost of any repairs to the householder/contractor?