Councillor: Darwen road chaos not our fault (From Lancashire Telegraph)

Either misguided, misleading or lies Cllr Smith, if you look at the New Roads and street act you will see its the councils responsibility

Taken from the act " Notice of starting date of works.(1)An undertaker proposing to begin to execute street works involving—
(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2)Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.
(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4)Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5)An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b)to his not knowing the identity or address of—
(i)a relevant authority, or
(ii)the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7)A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given."

Google NRSWA it will give you all the info you require!!!!

Would love to hear Cllr Smiths response.

To be honest and nothing to do with politics. The problem was the daft setup of the temporary traffic lights. Even today they think it ok to q from works to near lidl. Otherway all the way to motorway slip road - neither of those are acceptable imo. So Nat grid to blame.

Again you need to know the NRSWA, Nat Grid have to have meetings with the council and agree what disrution is caused, the council can and often do fine utility companies for breaching the act. think you need to look at the councils highways dept.

Smith yr full of Sxxt, you have the power to put in diversions , clueless fat boy

Cllr Smith is incorect here, just like my bad spelling. He said: “Utility companies like the National Grid can come in and start work without any notice to the council. In this case, I think they gave us half an hour. If they are doin normal repairs or maintenace, they MUST contact the Council and arrange the traffic.
Only if it is an Emergancy they do not need to contact the council.
Council should know at ALL times what is goin on with ANY road works, no matter who it is for. It was a joke to put temp lights on Main road, close an other and road works on minor roads all at the same time.
Labour stand up and take the blame this time, you did make a dogs dinner of all this. You can not blame any other party can you???

keseod wrote:
Either misguided, misleading or lies Cllr Smith, if you look at the New Roads and street act you will see its the councils responsibility

Taken from the act " Notice of starting date of works.(1)An undertaker proposing to begin to execute street works involving—
(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2)Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.
(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4)Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5)An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b)to his not knowing the identity or address of—
(i)a relevant authority, or
(ii)the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7)A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given."

Google NRSWA it will give you all the info you require!!!!

Would love to hear Cllr Smiths response.

god knows i am no apologist for dave smith - but both yourself and john darwen are incorrect on this.

the act as johndarwen says applies in normal circumstances only and all the utility companies can circumvent the standard procedure by qualifying the works as emergency works that need to be done to maintain supply - this is how these roadworks have been prescribed.

do you seriously think that smithy would not know the legislation and how it applies to utility companies and its ramifications for darwen main road? you may not agree with dave smith's politics but you cannot question his sincerity and the way he tries to do the best for his constituents and the town in general. i can guarantee that the National Grid is carrying out these works under "emergency" grounds and rather than try and park your tanks on council grounds - you should aim them at the national grid instead. for once, it has nothing to do with the council

keseod wrote:
Either misguided, misleading or lies Cllr Smith, if you look at the New Roads and street act you will see its the councils responsibility

Taken from the act " Notice of starting date of works.(1)An undertaker proposing to begin to execute street works involving—
(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2)Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.
(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4)Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5)An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b)to his not knowing the identity or address of—
(i)a relevant authority, or
(ii)the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7)A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given."

Google NRSWA it will give you all the info you require!!!!

Would love to hear Cllr Smiths response.

Jesus, do you just always want to blame the council?

I can't believe you've quoted the full act. My god you must be a joy to live with.

So what you are saying is that, in the case of a power or water main accident, Darwen should be without power or water for a minimum of seven days because that's the notice that anyone has to give to the council before they can dig up the street?

"Sorry that you can't take a dump for seven days love, but that's the minimum notice before we can start work. There's a McDonalds at the services you could go to though, or you could just do like the pikeys, cats and horses do, which is crap anywhere."

Is that what should be happening in your world keseod?

I'm thinking councillor Dave Smith has a very valid point if he has to put up with the likes of you moaning and quoting your crazy act.

Will the world come to an end if you are in a queue for a few minutes?

A Darener wrote:
Will the world come to an end if you are in a queue for a few minutes?

And will the world come to an end if when the lights turn green, you drive off. Rather than spend 20 seconds fiddling with your phone, purse or bag, wait for someone behind to pip you, look confused then drive off?

keseod wrote:
Either misguided, misleading or lies Cllr Smith, if you look at the New Roads and street act you will see its the councils responsibility

Taken from the act " Notice of starting date of works.(1)An undertaker proposing to begin to execute street works involving—
(a)breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b)tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2)Different periods of notice may be prescribed for different descriptions of works, and cases may be prescribed in which no notice is required.
(3)The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4)Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5)An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a)to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b)to his not knowing the identity or address of—
(i)a relevant authority, or
(ii)the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7)A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given."

Google NRSWA it will give you all the info you require!!!!

Would love to hear Cllr Smiths response.

You are correct BUT all the above does not apply if the Utility concerned (in this case National Grid) deems the work to be an emergency. In this case they did this and turned up digging on site giving the Council less than an hours notice.
*
The National Grid had no intention of employing spotters / co-ordinating lights etc; until the Council persuaded them to do so
*
In this instance the Council are the 'good guys' * it's National Grid who needed a kick up the backside !
*
Why on earth would the Council want to allow a Utility Company to:

a) dig up a fairly new road surface
b) cause traffic chaos ?

johndarwen wrote:
Cllr Smith is incorect here, just like my bad spelling. He said: “Utility companies like the National Grid can come in and start work without any notice to the council. In this case, I think they gave us half an hour. If they are doin normal repairs or maintenace, they MUST contact the Council and arrange the traffic.
Only if it is an Emergancy they do not need to contact the council.
Council should know at ALL times what is goin on with ANY road works, no matter who it is for. It was a joke to put temp lights on Main road, close an other and road works on minor roads all at the same time.
Labour stand up and take the blame this time, you did make a dogs dinner of all this. You can not blame any other party can you???

Exactly johndarwen. National Grid deemed it an emergency NOT normal repairs.
Therefore the Council could do bugger all about it !

anpr cams both ways. see how many peeps they catch wit no ins/mot/license/tax/
unpaid fines etc