The Street Works (Charges for Occupation of the Highway) Order 2026
The Street Works (Charges for Occupation of the Highway) Order 2026, made by the Secretary of State for Transport, formally approves seven specified local highway authorities in England—Buckinghamshire Council, North Yorkshire Council, Oxfordshire County Council, and the London Boroughs of Camden, Enfield, Lambeth, and Merton—to implement charges for street occupation during works, in accordance with their respective Lane Rental Schemes under the 2012 Regulations, thereby allowing these authorities to manage road congestion caused by street works.
Arguments For
It implements controls on street occupation during peak times in specified sensitive locations, aiming to minimize traffic disruption.
The Order supports local highway authorities in financing road maintenance and managing the practical impact of utility and construction works.
It formalizes the approval process for specific local lane rental schemes, ensuring a consistent regulatory framework based on existing legislation (2012 Regulations).
By allowing charges, the system incentivizes contractors to complete street works efficiently and outside of high-traffic periods.
Arguments Against
Increased operational costs for utility companies and contractors may be passed on to consumers or local taxpayers.
Charges might disincentivize necessary or emergency maintenance works if the daily fees are prohibitively high.
Localized schemes rely on accurate definitions of 'Traffic-Sensitive Locations' and 'Traffic-Sensitive Times,' which could be disputed or become outdated.
The complexity of managing different lane rental schemes across various authorities adds administrative burden to those undertaking works.
STATUTORY INSTRUMENTS
2026 No. 424
HIGHWAYS, ENGLAND
The Street Works (Charges for Occupation of the Highway) Order 2026
Made - - - -
16th April 2026
Coming into force - -
27th April 2026
This introduces the official title of the legislation: The Street Works (Charges for Occupation of the Highway) Order 2026, noting it is a Statutory Instrument for Highways in England.
The document specifies that it was officially made on April 16th, 2026, and that its provisions officially commenced (came into force) on April 27th, 2026.
The Secretary of State makes this Order in exercise of the powers conferred by section 74A(2) of the New Roads and Street Works Act 1991( 1 ).
The Secretary of State enacted this Order using legal authority granted by Section 74A(2) of the New Roads and Street Works Act 1991.
This section provides the mechanism for approving local schemes related to charges for occupying public highways.
Citation, commencement and extent
- -(1) This Order may be cited as The Street Works (Charges for Occupation of the Highway) Order 2026.
- (2) This Order extends to England and Wales.
- (3) This Order comes into force on 27th April 2026.
Article 1 sets out the formal details of the legislation.
Subsection (1) provides the official short title used when referencing this Order.
Subsection (2) defines the geographical area this legislation applies to, which is England and Wales, although the approvals listed relate to English authorities.
Subsection (3) reiterates the date the Order legally became effective, being April 27th, 2026.
Approval of local highway authorities
- The Secretary of State approves the following highway authorities for the purpose of requiring charges to be paid under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012( 2 )-
Article 2 grants formal approval from the Secretary of State to specific local highway authorities mentioned in the subsequent list.
This approval is given specifically so these authorities can enforce charges on parties occupying the highway for works, as permitted under the existing 2012 Regulations concerning street works charges in England.
- (a) Buckinghamshire Council, in accordance with the Buckinghamshire Lane Rental Scheme;
- (b) North Yorkshire Council, in accordance with the North Yorkshire Lane Rental Scheme;
- (c) Oxfordshire County Council, in accordance with the Oxfordshire Lane Rental Scheme;
- (d) The London Borough of Camden, in accordance with the London Borough of Camden Lane Rental Scheme;
- (e) The London Borough of Enfield, in accordance with the London Borough of Enfield Lane Rental Scheme;
- (f) The London Borough of Lambeth, in accordance with the London Borough of Lambeth Lane Rental Scheme; and
This list details the county and borough councils being approved.
Each authority is named alongside the specific local Lane Rental Scheme under which they will operate the charging system.
This includes Buckinghamshire, North Yorkshire, Oxfordshire, and four London Boroughs: Camden, Enfield, Lambeth.
(g) The London Borough of Merton, in accordance with the London Borough of Merton Lane Rental Scheme.
This final point confirms the approval for the London Borough of Merton to operate its specific Lane Rental Scheme for charging occupation fees.
Signed by authority of the Secretary of State for Transport
16th April 2026
Simon Lightwood Parliamentary Under Secretary of State Department for Transport
This signals the official execution of the Order, confirmed by the signature of Simon Lightwood, the Parliamentary Under Secretary of State at the Department for Transport.
The date of signing, April 16th, 2026, precedes the statutory commencement date listed earlier.
EXPLANATORY NOTE
(This note is not part of the Order)
This Order provides approval for seven highway authorities to require the payment of charges in accordance with the Lane Rental Schemes set out in article 2 ('the Schemes') for certain street works carried out in the highway.
The requirement to pay charges to an Approved Authority is set out in the Street Works (Charges for Occupation of the Highway) (England) (Regulations) 2012 ('the 2012 Regulations') (S.I. 2012/425).
The term 'Approved Authority' is defined in regulation 2 of the 2012 Regulations. This Order will bring these highway authorities within the definition of 'Approved Authority' for the purposes of the 2012 Regulations.
The Schemes, which have been submitted to and approved by the Secretary of State, are designed to control the carrying out of works in specified 'Traffic-Sensitive Locations' at 'Traffic-Sensitive Times'. Traffic-sensitive locations and traffic-sensitive times are defined in the 2012 Regulations. This will be achieved by requiring the payment of a charge, in accordance with the 2012 Regulations, for each day that the street is occupied by the works. These highway authorities may reduce or waive the daily charge and the Schemes contain guidance as to when a discount will be applied.
The Explanatory Note clarifies that the purpose of the Order is to approve seven named highway authorities to charge for occupying roads during street works, based on their locally developed Lane Rental Schemes.
These charges are governed by the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012.
Approving the authorities under this Order officially makes them 'Approved Authorities' under those Regulations.
The Schemes aim to manage disruption by charging a daily fee for works conducted in designated 'Traffic-Sensitive Locations' during 'Traffic-Sensitive Times.' The local authorities involved have discretion to lower or entirely remove this daily charge under specified conditions outlined in their plans.
Copies of the respective Schemes can be inspected at the offices, and websites, of-
Buckinghamshire Council, Walton Street Offices, Walton Street, Aylesbury, Buckinghamshire, HP20 1UA and viewed at https://www.buckinghamshire.gov.uk;
North Yorkshire Council, County Hall, Racecourse Lane, Northallerton, North Yorkshire, DL7 8AD and viewed at https://www.northyorks.gov.uk;
Oxfordshire County Council, County Hall, New Road, Oxford, Oxfordshire, OX1 1ND and viewed at https://www.oxfordshire.gov.uk;
London Borough of Camden, 5 Pancras Square, London N1C 4AG and viewed at https:// www.camden.gov.uk;
London Borough of Enfield, Civic Centre, Silver Street, Enfield, EN1 3XA and viewed at https:// www.enfield.gov.uk;
London Borough of Lambeth, Lambeth Town Hall, 1 Brixton Hill, London, SW2 1RW and viewed at https://www.lambeth.gov.uk; and
London Borough of Merton, Merton Civic Centre, London Road, Morden, SM4 5DX and viewed at https://www.merton.gov.uk.
This final section provides public notice regarding where the approved Lane Rental Schemes can be examined by the public and interested parties.
Details include the physical office addresses and the official website URLs for inspection of the specific plans adopted by each of the seven approved councils.
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