The Street Works (Charges for Occupation of the Highway) (No. 2) Order 2026

Published: Fri 18th Sept 26 Came into force: Wed 30th Sept 26

Department: Department for Transport
Made under: New Roads and Street Works Act 1991

Authorized fourteen local authorities to charge daily fees for roadworks carried out during busy times on specific highways.

This Order authorizes fourteen local highway authorities in England to implement 'lane rental' schemes, requiring utility companies and other works promoters to pay daily charges for occupying specific roads at traffic-sensitive times.

It applies to Bournemouth, Christchurch and Poole Council, Durham County Council, Kirklees Council, Leeds City Council, the London Boroughs of Barnet, Hammersmith and Fulham, Havering, Redbridge, Southwark, Sutton, and Tower Hamlets, the Royal Borough of Kingston Upon Thames, Southampton City Council, and Wakefield Council.

These authorities gain the legal status of 'Approved Authorities' under the 2012 Regulations, allowing them to levy and manage these occupation charges according to their individual submitted schemes.

Arguments For

The order states that the approved Lane Rental Schemes are designed to control the carrying out of works in specified locations at traffic-sensitive times.
Proponents of the policy, as noted in the explanatory text, indicate that requiring a daily charge for highway occupation encourages better management of road space.
The document specifies that local highway authorities have the discretion to reduce or waive charges, providing guidance within their schemes for when discounts may be applied.

Arguments Against

The document notes that a full impact assessment was not produced for this specific instrument, which may lead to questions regarding the specific economic effect on utilities and businesses in these fourteen areas.
Affected parties, such as utility companies, may face increased operational costs for carrying out essential repairs in these fourteen jurisdictions.
The legal effect depends on the individual schemes submitted by the councils; if these schemes are not clearly defined or easily accessible, works promoters may face uncertainty regarding the precise locations and times subject to charges.

Citation, commencement and extent

-(1) This Order may be cited as the Street Works (Charges for Occupation of the Highway) (No. 2) Order 2026.

(2) This Order comes into force on 30th September 2026.
(3) This Order extends to England and Wales.

This section establishes the official name of the legal instrument and sets the date it becomes active as 30 September 2026.

It also defines the geographical jurisdiction of the order as England and Wales.

Approval of local highway authorities

2 The Secretary of State approves the following local highway authorities for the purpose of requiring charges to be paid under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012-
(a) Bournemouth, Christchurch and Poole Council, in accordance with the submitted Bournemouth, Christchurch and Poole Council Lane Rental Scheme,
(b) Durham County Council, in accordance with the submitted Durham County Council Lane Rental Scheme,
(c) Kirklees Council, in accordance with the submitted Kirklees Council Lane Rental Scheme,
(d) Leeds City Council, in accordance with the submitted Leeds City Council Lane Rental Scheme,
(e) The London Borough of Barnet, in accordance with the submitted London Borough of Barnet Lane Rental Scheme,
(f) The London Borough of Hammersmith and Fulham, in accordance with the submitted London Borough of Hammersmith and Fulham Lane Rental Scheme,
(g) The London Borough of Havering, in accordance with the submitted London Borough of Havering Lane Rental Scheme,
(h) The London Borough of Redbridge, in accordance with the submitted London Borough of Redbridge Lane Rental Scheme,
(i) The London Borough of Southwark, in accordance with the submitted London Borough of Southwark Lane Rental Scheme,
(j) The London Borough of Sutton, in accordance with the submitted London Borough of Sutton Lane Rental Scheme,
(k) The London Borough of Tower Hamlets, in accordance with the submitted London Borough of Tower Hamlets Lane Rental Scheme,
(l) The Royal Borough of Kingston Upon Thames, in accordance with the submitted Royal Borough of Kingston Upon Thames Lane Rental Scheme,
(m) Southampton City Council, in accordance with the submitted Southampton City Council Lane Rental Scheme, and
(n) Wakefield Council, in accordance with the submitted Wakefield Council Lane Rental Scheme.

The Secretary of State grants fourteen specific local councils the legal authority to charge fees to anyone occupying certain parts of the road for street works.

Each council must operate its charging system in line with a specific 'Lane Rental Scheme' previously submitted for approval.

This legal change brings these councils under the scope of the 2012 Regulations, which govern how much can be charged and how the money must be handled.

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