Your Councillors

Issue - meetings

The Condition of Roads in the Borough

Meeting: 10/07/2018 - Strategic Planning, Sustainability and Transportation Committee (Item 47)

47 Use of Highways Act 1980 Section 42 Powers in the Borough pdf icon PDF 149 KB


Mr Egerton gave a presentation to the Committee outlining the options open to the Council in exercising powers contained in section 42 of the Highways Act 1980. Mr Egerton explained that:


·  Maidstone Borough Council (MBC) had the power to take over maintenance of urban roads from Kent County Council (KCC) if it was minded to do so.

·  If MBC chose to exercise this power, it would take on the responsibility for the maintenance and associated liabilities for all urban roads in the borough, not just those roads that it wished to maintain.

·  However the process of identifying the urban roads, surveying their condition and maintaining these roads was likely to be a costly exercise.

·  MBC could invoice KCC only for the works necessary to maintain the highway.  MBC would be unlikely to recover all its costs.

·  If it chose to exercise this power, MBC would assume the liabilities and risks associated with maintaining urban highways.


The Committee considered the options available and noted that exercising these powers would be costly and could expose the Council to undue risks in terms of liabilities and the potential for disputes with KCC.




That the Council does not pursue taking on Highway Authority responsibility for maintaining specific roads in the Borough under the powers conferred in Section 42 of the Highways Act 1980 (as amended).


Voting: Unanimous