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
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.
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