URL: https://milton-keynes.moderngov.co.uk/ieDecisionDetails.aspx?ID=2010

Decision Maker: Council

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: RESOLVED: 1.      This Council notes: a)            That statutory undertakers, including utility companies and telecommunications providers, carry out essential works on the public highway under powers granted by the New Roads and Street Works Act 1991 (NRSWA). b)            That the Specification for the Reinstatement of Openings in Highways (SROH) sets minimum national standards for reinstatement, but these standards often allow for patching and surface finishes that fall below the original quality of the highway or footway. c)             That poor or substandard reinstatements contribute to long-term deterioration, increased maintenance costs, trip hazards for pedestrians, and reduced public confidence in the management of local highways. d)            That local authorities have limited powers to enforce “like-for-like” reinstatement under existing regulations, but can strengthen their stance through improved inspection regimes, use of Section 72 of NRSWA (defective reinstatements), and enhanced local policy frameworks. 2.             This Council believes: a)            That residents, businesses, and road users deserve reinstated roads and pavements that meet or exceed their original standard—not merely the national minimum. b)            That statutory undertakers should leave the highway in no worse condition than they found it, and ideally restored to a uniform, structurally sound, and visually consistent state. c)             That improved consistency and quality would reduce long-term maintenance liabilities and improve public safety and satisfaction. 3.             This Council resolves to request that the Cabinet Member considers: a)            Enhancing inspection practices by: i)               investigating capacity for increasing Section 72 inspections and enforcement on defective reinstatements; and ii)             publishing an annual public report on reinstatement quality and compliance. b)            Strengthening cost recovery by ensuring that all available recovery powers for remedial works are utilised consistently. c)             Engaging with statutory undertakers to: i)               promote best practice; ii)             agree shared local standards exceeding minimum national requirements; and iii)           develop a joint approach to minimising disruption and improving reinstatement outcomes. d)            Lobbying the UK Government through our 3 MPs to: i)               Request powers to adopt a strengthened local reinstatement policy, requiring statutory undertakers to deliver: ?            like-for-like surface materials and finishes; ?            full-width or partial-width resurfacing where patching would undermine surface quality; ?            reinstatements aligned with the highest relevant category within SROH standards; and ?            aesthetic matching of paving types, kerbs, and slabs wherever used. ii)        Amend NRSWA and SROH to require mandatory like-for-like reinstatement as standard. iii)      Strengthen local authority powers to refuse inadequate reinstatement materials. iv)      Provide additional funding to support expanded inspection and enforcement capacity. v)        Increase fines permitted by local authorities substantially and for the local authority to retain 100% for road improvements and recovery of enforcement costs.

Date of Decision: March 18, 2026