WELSH GOVERNMENT STREET WORKS STRATEGY FOR WALES

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1 WELSH GOVERNMENT STREET WORKS STRATEGY FOR WALES November 2012

2 Contents Street Works Summary Chapter 1 Strategy Context Chapter 2 Welsh Status Chapter 3 Street Works Strategy for Wales Chapter 4 Improving Safety, Traffic Flow and Reducing Congestion Chapter 5 Next Generation Broadband Chapter 6 Improving Data Chapter 7 Improving Training Chapter 8 Improving Information Chapter 9 Improving Performance Chapter 10 Improving Co-ordination Glossary

3 STREET WORKS SUMMARY The Welsh Government is committed to improving the lives of the people in Wales through the Program for Government providing efficient and sustainable access for all and support to the economy through the transport of goods and people. Street works; the control of utility company ( undertaker ) and highway authority ( street authority ) road works has a direct impact on this and the Street Works Strategy sets out a plan for the controlling these works to support the One Wales principles. The Wales Infrastructure Investment Plan for Growth and Jobs was released in May 2012 and is a commitment in the Programme for Government. It outlines how the Welsh Government will invest more than 3.5bn over this Spending Review period and around 15bn over the next decade in capital projects. The Welsh Government s aim is to secure the most out of the existing road network through well planned maintenance and upgrades to ensure that the road network operates more efficiently. In addition the Welsh Government supports local authorities to take forward road infrastructure through a number of different mechanisms such as the Regional Transport Plans and local roads maintenance funding. With the objectives of boosting the Welsh economy and improving the local highway asset, the Welsh Government has made a commitment to assist local authorities meet mounting revenue pressures, allowing them to free up resources for prudential borrowing through the Local Government Borrowing Initiative (LGBI). This funding, up to an expected aggregate total of 172m, will be used exclusively for capital highway improvement investment throughout Wales during the 3-year period Revenue funding will be made available to local authorities over a twenty-two year period. Having invested these significant sums, the control of street works is essential to maintain the integrity and condition of the highway asset. Within the Program for Government program the Welsh Government makes a direct commitment to seek to ensure that all residential premises and all businesses in Wales will have access to Next Generation Broadband by 2015, with the ambition that 50 per cent or more have access to 100Mbps. The delivery of this by Utility Companies will need to be controlled by street works and this Street Works Strategy sets the requirements to balance the aspirations of the Welsh Government. The Wales Transport Strategy in embedded with the Program for Government and drives the outcomes for the transport infrastructure and street works can contribute to the delivery of the objectives within the 5 identified themes: Safety and Security; Street works co-ordination reduces congestion and traffic conflicts improving safety for the travelling public. Road worker safety is improved by regulating street works ensuring the highest standards are met. Improving Access between Key Settlements and Sites; Reducing congestion and travel disruption is key to the Street Works Strategy and better control of road works will improve traffic flow across the network and enhance journey time reliability. Enhancing International Connectivity; the strategic road network is critical in providing links to England and to Europe via the sea ports. Street works can be specifically controlled on some key routes to ensure any potential disruption is minimised.

4 Integrating Local Transport; securing a reliable network, by better control of street works will improve the running of public transport improving the attractiveness of modal shift. Reducing Greenhouse Gas Emissions and other Environmental Impacts; improving traffic flow by better street works control reduces the instances of traffic queues and enables vehicles to be running more efficiently. Innovation within the construction can reduce waste and improve the carbon footprint of works. Street works impacts on all these themes and in particular any lack of governance of street works can have a serious detrimental effect on these outcomes as road works can cause travel disruption and congestion thereby reducing road safety, journey time reliability, public transport reliability and increasing emission of greenhouse gases. Undertakers (gas, electricity, water, sewerage and telecommunications) have a statutory right to place their apparatus in the highway and the implementation, enhancement and maintenance of their networks is essential for the economic growth and wellbeing of the population of Wales. The Street Works Strategy strives to balance these requirements and sets out a plan to provide the necessary controls to ensure that street works essential to the operation of the utility companies is carried out in a way that is commensurate with the operation of highway authorities in maintaining the free flow and safety of traffic. These control measures include licensing, permits, embargoes and penalties and governed by utilisation of the New Roads and Street Works Act 1991 and Traffic Management Act 2004 together with associated Codes of Practice provide the legal basis for this. However, the Strategy does not seek to penalise or inhibit the undertakers and the Welsh Government is committed to working with the utility industry through joint working with the Welsh Highway Authorities and Utility Committee (HAUC). The Welsh Government is committed to working with Welsh HAUC and seeks to strengthen links with HAUC UK to promote street works regionally and nationally and share best practice. In addition the Welsh Government supports innovative measures for carrying out street works operations where there is a clear benefit to all users and in this respect Welsh specific policies and criteria will be encouraged and promoted. A Vision for Street Works The Welsh Government s vision for street works is; The management of street works on the road network will be carried out expediently and efficiently to minimise delays to the travelling public, facilitate the free flow of traffic and facilitate the maintenance operation and improvement of both the road and statutory undertakers networks. Welsh Government s Street Works Priorities To achieve this Vision the Welsh Government promotes 7 key areas which will drive and influence the management of street works on the road network;

5 AIM ACTIONS OUTCOME LEAD 1 Improving Safety, Traffic Flow And Reducing Congestion. Reviewing all existing mechanisms, controls, legislation, regulations and Codes of Practise and develop Welsh policies where required. Establish working groups to review documentation and introduce new Codes of Practice where identified. Support new safety initiatives. Consult with stakeholders. Ensure Street Works legislation, regulations policies and Codes of Practise for Wales are consistent and current. Raise the standard and safety of street works. WG WHAUC 2 Next Generation Broadband. Facilitate the roll out of Next Generation Broadband. 3 Improving Data. Improve data management and noticing. 4 Improving Training. Raise the profile and standard of Street Works by promoting qualifications and training. 5 Improving Information. Improve information and mechanisms for planning and informing stakeholders / public. 6 Improving Performance. Improve performance and share good practice and ensure compliance with the Traffic Management Act and other relevant legislation. 7 Improve Co-ordination. Increase involvement and sharing of information with HAUC (UK), DfT, Welsh Government and Welsh WHAUC. Develop WHAUC website. Liaise with the Next Generation Broadband Team within Welsh Government and WHAUC. Ensure ALL works are noticed in accordance with guidance and regulations. Promote LAs to update Local Street Gazetteer including Associated Street Data on a regular basis to assist with their Network Management Duty. Ensure Statutory Undertakers undertake regular monthly downloads. Advise stakeholders and all works promoters on Street Works qualifications and explore other training options. Explore a WHAUC training matrix. Promote talks and presentations at regional and national forums. Explore national real time map based road works reporting system. Develop an accessible point of contact for the general public and businesses to obtain the latest travel information. Work with WHAUC to develop the Performance Score Card, proactively analyse data from DfT and encourage local authority participation. Ensure TMA is adhered to by all. Develop an annual quality schedule. Liaison with devolved administrations and DfT and attendance at HAUC (UK). Within Wales review meeting structures content and agendas. Ensure a WHAUC Business Plan is developed. Promote WHAUC as a point of reference for stakeholders. Assist in the co-ordination in line with the Traffic Management Act. Achieve parity between all works promoters. Drive consistency and quality in notice data. Continue work with GeoPlace, all Local Authorities and Statutory Undertakers. Develop training initiatives and bespoke qualifications. Enable greater journey planning information. Improve journey time reliability and public service information in line with WG strategies. Increase efficiency and monitor the effect of new legislation. Evidence to support and dove tail with other WG strategies and ensure parity between all works promoters as prescribed by TMA. Ensuring a reciprocal exchange of information and maximise the value of meetings between WG, DfT, other devolved administrations, the National & Welsh Street Works community. WG WHAUC WG WHAUC WG WHAUC WG DfT WG WHAUC WHAUC WG

6 1.0 Strategy Context The Welsh Government has two main strategy documents, the Welsh Transport Strategy and National Transport Plan (reprioritised in 2010) which both integrate with Regional Transport Plans. The aims of these documents in relation to street works are reducing congestion and improving journey time reliability. The documents also contain subsidiary links to carbon reduction and safety strategies. The table below illustrate the key objectives of the Wales Transport Strategy document and how careful management of street works activities on the trunk and county road networks can assist the overall strategy. Welsh HAUC members can assist the Welsh Government in achieving these social, economic and environmental objectives.

7 AREA WTS OBJECTIVES STREET WORKS DELIVERABLES CONTROL MEASURES Social Encourage healthy lifestyles Ensure works do not hinder designated cycle and walking routes Co-ordination CoP Safety CoP Social Improve access to education Ensure works do not cause disruption on routes to and from schools, colleges, university's and designated safe routes to schools NRSWA 1991 S56, 59, 60 & S74 Network Management Duty Economy Economy Social Social Social Economy Economy Improve access to employment opportunities Improve connectivity within Wales and internationally Improve access to health care Improve access to shopping & leisure facilities Improve actual & perceived safety of travel Improve the efficient, reliable & sustainable movement of people Improve the efficient, reliable & sustainable movement of freight Ensure works are carefully managed during peak hours to minimise delays on commuter routes. Improve the environment of all communities; reduce the effects of works, e.g. severing links between communities. Ensuring trunk roads and motorways works are carefully managed and co-ordinated Improve roadwork s information for better journey planning and real time information Increase journey time reliability Ensure works do not cause disruption on routes to and from hospitals, health centres & other important medical facilities. Ensuring consideration of public access to essential services Ensure works in close proximity to retail centres does not restrict or delay access Particular attention to busy trading periods Ensure road works sites conform with C8 & works facilitate pedestrian needs Ensure the impact of works is minimised on bus routes, park & ride sites & major routes Ensure impacts of works on major routes is minimised. Routes leading to transportation hubs (air/ferry/rail terminals) is carefully managed Improve roadwork s information for better journey planning and real time information Regional WHAUC co-ord & planning meetings NRSWA 1991 S56, 59, 60 & S74 Network Management Duty Road Traffic Act 1984 (Road Closures) TMA 2004 Permits/Lane Rental Regional WHAUC co-ord & planning meetings NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP, Route Management Plans Regional WHAUC co-ord & planning meetings Abnormal loads route management NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP Regional WHAUC co-ord & planning meetings NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP NRSWA 1991 S65, S67 & S68 Qualifications, S70 & S71 Reinstatements, Safety CoP SROH CoP, Inspections CoP NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP Regional WHAUC co-ord & planning meetings Involve bus companies in works planning process NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP Use of VMS to advise travellers Regional WHAUC co-ord & planning meetings Abnormal load route management

8 Economy Environment Environment Environment Environment Environment Environment Environment Improve sustainable access to key visitor attractions Increase the use of more sustainable materials Reduce the impact of transport on greenhouse gas emissions Adapt to the impacts of climate change Reduce the contribution of transport to air pollution Improve the positive impact of transport on the local environment Improve the effect of transport on our heritage Improve the impact of transport on biodiversity WG & LA summer embargo on works ensure holiday routes are free from works. Christmas embargos ensure access to businesses is not affected Maximising the use of secondary and recycled materials for construction activities WRAP initiative Reduce congestion as much as possible. Exploring the potential for energy saving transport techniques Reducing carbon footprints & emissions by focusing on waste, transport & materials Manage town centre congestion created by roadwork s Manage works with AQMAs Designing and siting new infrastructure sensitively in areas of landscape and cultural value. Avoiding sensitive and important ecological and geologically designated sites Works should have a neutral impact, on Wales natural and built heritage Protect the biodiversity of Wales and minimise any harmful impact from works on its natural heritage NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP SROH CoP NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP WHAUC initiatives for fleet management WHAUC initiatives for fleet & works management First time reinstatements & recyclable materials NRSWA 1991 S56, 59, 60 & S74 Network Management Duty TMA 2004 Permits/Lane Rental Co-ordination CoP Diversionary Works CoP WHAUC initiatives Co-ordination CoP Route Management Plans SROH CoP Route Management Plans Route Management Plans Environmental Management Plans

9 2.0 Welsh Status It is important that there is a level of consistency in regulations across England and Wales to avoid confusion particularly for those undertakers that operate in both countries. The Department for Transport (DfT) has reviewed some regulations and codes of practice, which are now only applicable in England. This Strategy prioritises work on these to ensure Wales is either in line with English policies or develops Welsh specific guidance where appropriate. The UK Government s Localism agenda involves devolving more powers from central government to individual local authorities. This does not apply in Wales and this Strategy maintains a more regulatory approach to street works ensuring consistency for undertakers and street authorities. An example is the Specification for the Reinstatement of Highways (SROH) Code of Practice. In England a revised third edition of the Code was issued in 2010, while in Wales a 2006 version is still in use. The forthcoming change to regulations in England regarding the removal of Secretary of State s approval to operate a Permit Scheme is one example where Wales has decided not to follow England and has left the regulation unchanged in Wales. As a result Welsh Ministers will still need to approve any Permit Scheme applications. In addition, within the UK some street works issued are dealt with on a national basis, some are common to England and Wales and some are Wales only. This strategy will help to define where each of the street works issues is aligned. 3.0 Street Works Strategy for Wales The Strategy sets out how street works and Welsh HAUC (Highway Authorities Utility Group) objectives align with its own National Transport Strategies such as the Welsh Transport Strategy, National Transport Plan and the Network Management Duty. These are the key drivers in Wales for shaping Welsh policies and setting objectives for the Welsh network. The Strategy links these various documents together and enables Welsh HAUC to deliver the objectives of the Wales Transport Strategy through their Business Plan. The Welsh Government will work more closely with Welsh HAUC to raise the profile of street works in Wales and reinvigorate the whole street works agenda. Codes of Practice and legislation are constantly under review and with the expertise and experience of Welsh HAUC members Welsh Government will establish precisely what is working well in Wales and what may need to be reviewed. The Government in Wales is more empowered and Welsh HAUC and its street works practitioners can play a pivotal role in developing new initiatives and enacting change. With pressures on budgets, delivery of major projects in line with National Transport Strategies are now under pressure and asset management and street works have a greater role in delivering the key elements of the Government s transport strategy going forward.

10 The Welsh Government can not work in isolation and the Strategy seeks to strengthen the relationship and communication between Welsh Government, Welsh HAUC and HAUC UK. The Welsh Government will contribute to the HAUC UK objectives and will share good practice to help promote street works nationally. The Aims of the Strategy will be progressed through the course of the next 5 years and as outcomes are achieved a Strategic Plan will be produced that will be updated regularly. Eventually this may lead to a new Strategy being developed in due course.

11 4.0 AIM 1: IMPROVING SAFETY, TRAFFIC FLOW AND REDUCING CONGESTION 4.1 Introduction Improving safety, traffic flow and reducing congestion are key priorities of the Welsh Government. Within the Strategy the Welsh Government will review legislation, regulations and Codes of Practice and mechanisms to achieve these priorities will be explored. These include; Permit schemes, Lane Rental schemes and penalties. These mechanisms need to be supported by the relevant Regulations and some of these have not been developed in Wales yet. However, the Welsh Government does not want to over regulate the industry as any potential costs should not be passed on to the consumer. Street works are governed by the New Roads and Street Works Act 1991 and Traffic Management Act In addition, various statutory instruments have been implemented in Wales and these are detailed below. Regulations and Codes of Practise are generally developed by the Department for Transport (DfT) in consultation with the devolved administrations and the utility companies. The DfT is continuing to review street works policies and codes of practice, resulting in differences between England and Wales. In some case within Wales a legislation superseded in England is still being used in Wales as no revised addition in Wales has been developed. This could potentially cause confusion for Utility Companies that operate nationally across the border. The purpose of this Strategy is to review these and either recommend adopting English versions or develop Welsh distinct policies as required. 4.2 New Roads and Street Works Act 1991 Highway authorities have a duty to maintain their roads under Part IV of the Highways Act 1980 and any road works that they undertake are subject to this legislation. The legislation governing the work of the public utilities is the New Roads and Street Works Act Street works carried out by public utilities are undertaken by virtue of a statutory right or a licence granted under the 1991 Act and do not necessarily need the prior consent of the highway or street authority. 4.3 Traffic Management Act 2004 The Traffic Management Act 2004 (TMA) was introduced to give greater controls to street authorities in response to the increased numbers of utility companies and associated levels of disruption. The TMA particular addresses the quality and speed of reinstatements, the notice given of forthcoming work and the co-ordination of the work. Part 4 of the TMA amended the legislation to give street authorities much greater powers to minimise unnecessary disruption caused by poorly planned works: street authorities have more control over where and when works can and cannot take place; they can put in place longer embargoes

12 to protect streets which are dug up repeatedly; and they have greater enforcement powers. 4.4 Statutory Instruments The following Statutory Instruments have been implemented in Wales; Statutory Instruments (Wales) The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (Wales) Regulations 2009 The Traffic Management Permit Scheme (Wales) Regulations 2009 The Street Works (Fixed Penalty) (Wales) Regulations 2008 The Street Works (Registers, Notices, Directions and Designations) (Wales) (No 2) Regulations 2008 The Street Works (Inspection Fees) (Wales) (Amendment) Regulations 2007 The Traffic Management (Guidance on Intervention Criteria) (Wales) Order 2007 The Traffic Management Act 2004 (Commencement No. 2 and Transitional Provisions (Wales) Order 2007 The Street Works (Records) (Wales) Regulations 2005 No (W.115) 1267 (W.114) 102 (W.15) 540 (W.52) 1713 (W.150) 1712 (W.149) 3174 (W.279) (C.130) 1812 (W.142) 4.5 Traffic Manager Role Every highway authority in England and Wales has to appoint a Traffic Manager and the role of the Traffic Manager is to perform such tasks as the authority considers will assist it to perform the network management duty (Traffic Management Act, S 17 Part 2). The post of Traffic Manager is one of a handful of statutory posts a local authority must provide although the Duty is not actually placed on the Traffic Manager. There are three broad areas that the Traffic Manager needs to consider: dealing with congestion; minimising disruption from planned work or events; and planning for the unplanned. The Network Management Duty on the local authority s network is prioritised according to the sensitivity of that part of the network to traffic disruption. Authorities should have developed hierarchies of their network to ensure that they focus attention on those parts of the network that are most sensitive to disruption. If an authority fails to manage their network effectively a Traffic Director may be appointed by the Welsh Government to run their network management affairs at their expense. The primary objective of the Network Management Duty is for every local authority to make the best use of existing roads for the benefit of all road users. The TMA allows an authority to take action to achieve this as is reasonably practicable. The Traffic Manager provides a focal point within the authority for performance of the Duty and champions the need for the authority to consider the Duty in all areas of work.

13 4.6 Protected Streets & Special Roads Undertakers possess statutory powers to install and maintain their apparatus in a public highway, with the exception of highways designated Special Road as defined in section 16 of the Highways Act 1980 (i.e. Motorway & Trunk Roads). The Welsh Government as street authority for the motorway and trunk road network (see glossary) has the powers to designate additional roads as Protected Streets under section 62 of NRSWA. The effect of this is that undertakers are unable to exercise their statutory powers, to install apparatus in a public highway, without the specific consent of the Welsh Government in roads designated as such. Special roads are classified as such by the highway authority and usually cover the major trunk roads and motorway networks. By serving the appropriate notices under Section 62 of NRSWA, the Welsh Government as the street authority would be deemed as given notice of its intention to designate a street as protected. Undertakers should explore alternative routes or non excavation methods such as thrust boring, or insertion in roads designated as such, as undertakers do not have a statutory right to cross or place apparatus in Special Roads. 4.7 Restrictions following Substantial Road works Within the Wales Infrastructure Investment Plan for Growth and Jobs (released in May 2012) the Welsh Government will invest more than 3.5bn over this Spending Review period and around 15bn over the next decade in capital projects. This will ensure essential maintenance and upgrading can take place on both county and trunk road networks, in order to keep the road network operating efficiently. Having invested these significant sums, the control of street works is essential to maintain the integrity and condition of the highway asset. Under Section 58 of the New Roads and Street Works Act 1991 street authorities are able to place restrictions on the work that can take place in a street following substantial road works. This is intended to prevent an undertaker or other third parties from excavating in a road shortly after it has been resurfaced. Not all works qualify for protection, emergency repairs and new service connections are exempt. Street authorities mainly excavate in the highway (road and footway) to replace worn out stretches and/or make improvements. Undertakers need to excavate in the highway to access their equipment so that they can maintain, repair or renew it. Work carried out on the street, by the undertakers or others, is legally controlled by the New Roads and Street Works Act 1991 (NRSWA). This act gives the street authority the power to ensure that: Proper safety measures are in place (signs, cones, barriers etc) to protect and warn drivers and pedestrians about the work. The new, repaired or rebuilt highway is constructed correctly. Work undertaken on the street is co-ordinated so that any congestion and disruption is kept to a minimum.

14 When major resurfacing work is planned for a street undertakers are consulted 3 months before the work is due to start. If they have any work planned they and the street authority should work together to co-ordinate the work. The street authority issue undertakers a formal "Section 58" notice. If they fail to respond, the newly surfaced street is protected from undertaker intrusion for a minimum period of one year or longer, depending on circumstances. On occasions, no matter how good the planning process, emergencies can and do occur. If there is a gas or water leak then the company responsible has a legal right to enter the road to rectify their apparatus, even if the road was only resurfaced the day before as safety is paramount. The undertakers also have the legal right to excavate in a protected road if they are required to supply new services. For example, a few months after the road is completed, plans are submitted for a new house on land that requires new gas, electric, water and communication services. The undertakers then have the right to excavate the road to provide these new services as new unplanned/unforeseen service connections are exempt from the "Section 58" notice. If an excavation in recently surfaced areas of road is unavoidable, then the undertaker or third party would be required to discuss the reinstatement options for the area with the street authority. However, the street authority has no legal powers to direct an undertaker to resurface a larger area to reduce the visual impact of their reinstatement in the new road surface. To avoid recently resurfaced sections of road form being excavated then forward planning and communication of such works is essential. Planning and co-ordination meetings are held regionally on a regular basis throughout the year and it is essential that effective liaison is undertaken with all stakeholders. It would be good practice for a street authority to undertake a consultation exercise with residents in the vicinity of the proposed resurfaced area. Residents could be formally asked if they have any development proposals for their properties and made aware of the potential implications such works will have. Closer liaison between all local authority departments, such as planning and development control to identify sites that may affect resurfacing programmes. Welsh Government may explore use of S78 (NRSWA) pertaining to long term damage for undertakers to contribute to the costs incurred (or likely to be incurred) due to making good long-term damage by a street authority, but this remains still to be enacted by Government. 4.8 Reinstatements Sections of the NRSWA 1991 are concerned with reinstatement, introducing standards for the reinstatement of the road surface with utility companies being fully responsible for reinstatement following their street works. Both interim and permanent reinstatements must conform to the statutory specification

15 Section 70 places the duty of reinstatement on the undertaker. Under section 70(2) the undertaker is obliged to begin the reinstatement "as soon after the completion of any part of the street works as is reasonably practicable" and to complete the reinstatement "with all such dispatch as is reasonably practicable". The undertaker has a duty under section 70(3) to inform the street authority on the day after reinstatement is complete that he has completed the reinstatement and whether the reinstatement is interim or permanent. Section 71 covers the standard of reinstatement. Undertakers executing road works must comply with prescribed material specifications and standards of workmanship when reinstating a road, footway or verge and to guarantee the performance of the reinstatement for a minimum period of two years. The undertaker is fully responsible for carrying out the work in compliance with the specification and failure to comply with the standards is a criminal offence that can attract a 5,000 fine. The materials to be used and the standard of workmanship for the reinstatement of the street are laid down in a code of practice. Section 72 gives the street authority the power to carry out such investigatory works as appear to it to be necessary to check an undertaker s work. If it is dissatisfied with the reinstatement of the street by the undertaker, the authority may serve notice on the undertaker to carry out remedial work within seven working days. If the undertaker fails to comply with the notice the street authority can carry out the work itself and recover the costs from the undertaker. Sections 51 and 52 of the Traffic Management Act 2004 introduced flexibility into the arrangements by allowing specific time limits and information to be prescribed in regulations rather than the primary legislation. The TMA inserts Sections 73 A-E into the NRSWA 1991 Act which may allow a street authority, in certain defined circumstances, to direct an undertaker not just to reinstate the particular part of the road disturbed by their works, but to resurface either the whole lane of that part of the road (half-width) or its full width. Under these provisions, where the condition of a specific street has deteriorated sufficiently as a result of utility works and reinstatements, an authority can serve an undertaker with a resurfacing notice. The area to be resurfaced need not be confined to the immediate area of the trenches left by previous reinstatements, although there are limits as to how large an area the undertaker could be required to resurface. In certain circumstances, however, the undertaker is entitled to ask the authority to carry out the work itself. The cost of the resurfacing works can be shared between the authority, the undertaker carrying out the works and any other undertaker whose reinstatements contribute towards the condition of the street. The 2007 Regulations (England) (S.I. 2007/1951) set out the detailed arrangements under which an undertaker can be directed in this way and include strict limits on the circumstances under which an authority is able to instruct an undertaker to carry out resurfacing, limits on the area of the street which has to be resurfaced and the materials to be used. The same Regulations determine how the costs of the resurfacing works can be shared between the various undertakers responsible for digging up the road up to that point and the street authority itself. They also allow for a process to be put in place under which an undertaker can appeal against being required to carry out resurfacing or to contribute to the cost of the works, or how

16 disputes can be settled. The Welsh Government may consider the introduction of Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 S.I. 2007/1951 as a Welsh Statutory Instrument. Section 73A of NRSWA inserted by Section 55 of the TMA enables street authorities to require larger surface reinstatements to be carried out by undertakers if newly resurfaced areas are disturbed. Given the investment in local and trunk roads, the Welsh Government will explore the use of this Section to maintain the integrity of the asset. Section 78A NRSWA 1991 inserted by Section 57 of the TMA allows the Welsh Government to require an undertaker executing street works to contribute to the costs incurred or likely to be incurred by the street authority in reconstructing or resurfacing the street and the Welsh Government may also explore the use of this Section. 4.9 Specification for the Reinstatement of Highways The DfT have updated the Specification for the Reinstatement of Openings in the Highway to a third edition (England) issued in April The Welsh Government has set up a working group through WHAUC to review the changes to the specification and draw up a consultation document, which will be consulted on in Safety Code of Practice The Safety at Street Works and Road Works Code of Practice (2001) is a practical guide for road operatives and supervisors in setting out road works signing, lighting and guarding. The DfT is carrying out a revision of the Code which is proposed to be released in 2013 with a coming into force in April This revision is due, in part, to de-regulation within England. The Welsh Government has set up a working group through WHAUC to assess the changes to the code and ascertain whether they are appropriate to Wales. If a new Welsh Safety Code is deemed necessary a consultation exercise will take place in Inspections Code of Practice This Code of Practice identifies the inspections that a street authority may undertake on street works for which undertakers are obliged to pay a fee. The purpose of these inspections is to establish compliance with: The Safety at Street Works and Road Works - A Code of Practice 2001 The Specification for the Reinstatement of Openings in the Highway (Wales 2006) The Code of Practice for the Co-ordination of Street Works for Road Purposes and Related Matters (Wales 2008) The Street Works (Reinstatement) Regulations 1992 (SI 1992/1689) The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (Wales) Regulations 2009 (SI 2009/1268) The Street Works (Inspection Fees) (Wales) Regulations [2006] The DfT are carrying out an ongoing revision of this Code. Wales will review the Code in due course, taking into consideration of developments

17 such as ETON 6 and may consider implementing a simpler form of the Code based on previously agreed versions. This represents a longer term aim of the Strategy Permit Schemes The TMA and the Permit Scheme Regulations made under it (SI 2009/1267) provide for a new system for local street authorities to manage street works. This came into effect on 1 June 2009 and was accompanied by a new Code of Practice. In England several schemes are being implemented either by local authorities or consortia of local authorities. Many of these schemes are being implemented in heavily urbanised areas with significant traffic flows. To date 1 and 5 year post implementation assessments have not been produced and so quantifying the success of these schemes has not been established. Within Wales Welsh Ministers approval is required for a Welsh local authority to operate a permit scheme. Without robust evidence being provided to show the need and success of permit schemes the Welsh Government would not support their implementation, especially as much of the network in Wales is different to England. However, if a local authority specifically wants to implement a permit scheme any application will need to be supported by a robust business case and illustrating how the reduction in delays and disruption would outweigh the costs of operating the scheme and evidence detailing why existing noticing schemes are deemed to be not working or not appropriate Penalties for Over-running Works Under section 74 of the 1991 Act, statutory undertakers can be fined if they take longer than the time agreed with a street authority to complete works and these regulations came into force in April Companies have to agree a time with the street authority to carry out work on the roads. If they overstay this, they will be penalised and have to pay a daily fine. The DfT will be increasing S74 over-run charges in October, implementing a maximum charge of 5,000 per day for the first three days on the busiest roads, rising to 10,000 for the forth day onwards. The Welsh Government will set up a working group through WHAUC to assess the implications for the proposed changes in Wales. The Welsh Government will then consult on the proposed charges in 2013 and dependant upon the results of this consultation changes to S74 charges will then apply to Wales Penalties The Welsh Government implemented SI 2007/3174 (Wales) in November Section 40 of the TMA increased the maximum fines to either level 4 ( 2,500) or level 5 ( 5,000). The offences and the relevant penalties are listed in Schedule 1 of the TMA. The Welsh Government also made some of the offences (listed in Schedule 2) liable to fixed penalty notices (FPNs). An authorised officer of the street authority would have to issue the FPN within a fixed time of the completion of the particular works to which the

18 offence related. Assuming that it did not wish to contest the notice, the undertaker would have to pay the full penalty of 120 within 36 days of the day the FPN was served upon them; if they pay within 29 days then they may pay the discounted rate of Lane Rental Schemes The DfT currently has 3 lane rental schemes on trial within the London area targeting red routes within the busiest parts of their networks. Kent has also completed a consultation and if successful the DfT may decide to roll out further schemes in England. The Welsh Government does not currently have any regulations in place for the operation of lane rental schemes and will continue to monitor developments by the DfT. However, the Welsh Government is not currently minded to implement lane rental and if any local authority wants to pursue a scheme in Wales it would need to provide a robust business case and evidence detailing why existing noticing schemes are deemed to be not working or not appropriate Bespoke Welsh Schemes The Welsh Government will continue to review permit and lane rental schemes and will consider other innovative mechanisms that may be appropriate for Wales. This cross cuts with Aim 6, Performance Score Card which will provide evidence and demonstrate good working practices to tackle congestion. This represents a longer term aim of the strategy Highways Development Control Private developers responsible for works on the highway will need to comply with street works legislation, where undertakers need to make new service connections to a development. Adoption of the services / works will be subject to local authority and utilities adoption standards. For new developments utility s apparatus shall be laid within the highway boundary, but not within the carriageway unless there is no practical alternative. Where footways are not proposed, service margins may be permitted on one side of the carriageway, subject to a maximum number of dwellings, determined by the local authority. In addition, major highway works will need to be carried out under Section 23, with the prior agreement of the highway authority. Provision in the agreement shall be made for noticing the works in accordance TMA requirements (see 6.6 Internal Noticing). This will ensure the programming of development works will form part of the overall planning of highway works and will be subject to embargos / conditions specified by the highway authority. Licensing for scaffolding and skips associated with development works will be covered by the Highways Act, but the TMA requires that they are included on the Street Works Register Wind Farms & Abnormal Load Movements Welsh Government has allocated large areas of Wales as Strategic Search Areas for wind farm development, which gives a presumption in favour of wind farm developments in these areas. Whilst this does not mean that

19 other areas can / can not be developed it has concentrated the developments into these areas. The major highway implication is the transportation of the wind turbine components, particularly Abnormal Indivisible Loads, to site and due to the concentration of developments has resulted in significant impacts on a limited number of routes. In addition as the main seaports into which the components are transported the north and south links carry all the convoys out of these ports into the various sites in Wales. The wind farm developers are required to submit a detailed Traffic Management Plan identifying their proposed route and transport methods, timings and any infrastructure modifications required for approval prior to any movements taking place. Prior to that, developers are also required to submit a traffic management plan for approval by the affected highway authorities, at the planning stage (e.g. LPA Planning Application; DECC application; PINS application). Given the requirements under the TMA for managing traffic flow, mechanisms for controlling these convoys will be considered in line with street works procedures. Temporary Traffic Orders are likely to be required to facilitate these movements, particularly in respect of providing the police with the necessary powers to stop and hold traffic for brief periods, for such a planned event. This does not mean the roads are available for the full duration of the Order, nor does it provide the developer or haulier the authority to move their loads. Developers will need to liaise with all the highway authorities whose area the route passes through and arrange for appropriate notices to be served to enable coordination of all works on these routes. For example, on the trunk road network developers will be required to submit a road space booking form to the Trunk Road Agencies whereby road space can be booked or time periods allocated to facilitate these movements allocated along with other highway works Safety Initiatives The Welsh Government wants to promote safety and strive for safety improvements within street works. The Strategy supports safety initiatives, such as the Utility Strike Avoidance Group and encourages the roll out of such programs within Wales. The Welsh Government is represented on the Roadworker Safety Forum (RoWSaF) and will look at what initiatives from this group can be applied to street works in Wales. Safety cross cuts other areas of the Strategy giving impetus to the improvement of records, maintaining suitable qualifications and raising the standard of training Great Western Railway Electrification Network Rail is in the process of electrifying the Great Western railway to provide better connections between major towns and cities across southern England and South Wales. Electrification provides many benefits including providing 20% more seats compared to diesel trains, journey time savings and improvements to noise and air quality. The program for this work is electrification of the railway between London and Bristol, including Newbury and Oxford, by 2016 and to Cardiff by To prepare for electrification network rail need to upgrade bridges and tunnels while carrying out safety improvement work to parapets. This work will start at

20 the eastern end of the route and progress westwards. Street works Authorities will need to have a watching brief on this work and once programs are confirmed Network Rail will need to carryout the required programming, noticing and co-ordination for the necessary diversionary works.

21 5.0 AIM 2: NEXT GENERATION BROADBAND 5.1 Introduction The Welsh Government is providing funding to accelerate the deployment of next generation broadband infrastructure to ensure that all residential premises and all businesses in Wales will have access by 2015, with the ambition that 50 per cent or more have access to 100Mbps. Commercially viable areas are already being developed by the communications industry and these extend to Cardiff, Swansea, areas of the South Wales Valleys and the Wrexham areas. The Welsh Government will assist in securing investment in order to reach the remaining areas of Wales where it may not be commercially viable for the market to implement. The Welsh Government has awarded the contract to Openreach and following approval of state aid funding it is anticipated a roll out program will be developed with works starting on the ground in April Implementation Construction of the broadband infrastructure will necessitate the installation of around 4000 cabinets, new cabling, duct installation, new pole installations and other overhead works across Wales. It is envisaged that existing ducting will mainly be used from exchange to cabinet (replacing existing copper wire with fibre optic) to minimize the amount of dig. Other excavation techniques may be necessary, including microtrenching / slot cutting, but this is seen as a last resort especially as existing carriageway constructions are likely to be unsuitable in areas where slot cutting could be used. Any non standard or innovative installation technique will need the specific agreement of the local highway authority prior to installation. Wales will need to accommodate any new construction techniques in its proposed revision of the of the Code of Practice guidance note Specification for the Reinstatement of Openings in the Highways if it is to be widely accepted. This will provide some clarity for street authorities and provide some legal acceptance. The Department for Media, Culture & Sport has in association with HAUC (UK) produced a guidance note on microtrenching for all interested parties. With a program of this size it will be necessary for Openreach to carry out appropriate co-ordination and programming to facilitate the roll out of this infrastructure in a manner expected by the Welsh Government and timely liaison will be essential for this to happen.

22 6.0 AIM 3: IMPROVING DATA 6.1 Introduction Given the specialist nature of the utilities apparatus having accurate records and maintaining a database of the apparatus and road conditions and status is essential for the smooth running and safety of the industry. To time and co-ordinate street works effectively it is essential that adequate notification of the proposed works is given and this should include works carried out by the local highway authority as well as undertakers. Any construction company to whom a statutory authority has contracted out work must obtain a licence from the local street authority. The street authority may attach appropriate conditions to this licence in the interests of safety, to minimise inconvenience to those using the street, or to protect the structure of the street. With adequate notification, proposed works can be co-ordinated efficiently and this information made available to the public. This enables the road users to make informed decisions about when to travel and which routes to take. In addition the substantial capital investment outlined in the Programme for Government will have a significant effect on local authorities and undertakers. Where major works are planned it is essential that early liaison between all parties takes place to ensure undertakers work can be accommodated. This is especially important given the highway authorities and statutory undertakers have their own different timescales for forward works programs. The Strategy supports the following mechanisms for achieving coordination, notification and public information. 6.2 Records When an undertaker or street authority wants to carry out works in the street it will need to obtain records from other undertakers of the location of any apparatus which they may have buried nearby, to ensure that they do not damage that apparatus in the course of their works. This is covered under Section 80 NRSWA, but has never been activated and was amended by Sections 46 and 47 of the TMA which introduced a power to make regulations that would allow a practical and effective regime to be developed that was not too burdensome to the relevant undertakers. It is recognised that it is in the interests of both the undertakers and street authorities to maintain records and regulation is not generally required. The National Underground Assets Group is developing a non- Statutory approach to manage and share their records of underground apparatus. At the time of writing this Strategy it is believed the DfT may be abandoning plans to drop these regulations. The Welsh Government will continue to monitor developments in this area. 6.3 National Street Gazetteer The National Street Gazetteer is a concession provided by GeoPlace, a Limited Liability Partnership jointly owned by the Local Government Group and Ordnance Survey. This brings together local government's address