A COUNCIL accused of wasting court time by prosecuting United Utilities has hit back and claimed the company is a repeated offender.

Blackburn with Darwen Council successfully prosecuted the water and power company for failing to serve notice of road works within two hours of the job starting.

The company pleaded guilty to the offence - which related to works in Hoddlesden Road, Darwen, in April last year - but questioned the public interest of prosecuting a technical breach of procedure.

The chairman of the magistrates said they "wholeheartedly" agreed with the company's comments, gave the company a 12-month conditional discharge and ordered it to pay £320 costs.

But Coun Andy Kay, executive member for regeneration, insisted the authority wasn't being over-zealous.

Instead, he claimed the authority had been driven to take action after repeated failures by United Utilities to report works.

He said: "Blackburn with Darwen Council takes very seriously its responsibilities for co-ordinating events on the highway network and only takes legal action where it is deemed necessary to do so.

"Had this lapse been the first occasion this type of failure had occurred with this company, the council might have agreed with the comment that it was being over-zealous.

"However, this prosecution was in response to persistent failures by the utility company to co-ordinate works by the serving of the notices.

"There have also been previous successful prosecutions of the same company under the Roads and Street Works Act 1991.

"We must remember that they pleaded guilty to this offence. I am sure the public are equally as fed up with the continual disruption."

In court, Ian Ponter, defending, said: "This was a technical breach of regulations and my client questions the public interest in bringing it to court.

"The system worked as far as United Utilities was concerned and only broke down at McAlpine, the contractor."