Housing developer fined after they failed to restore a cycle way and footpath
Despite a number of requests by Somerset Council, they didn't properly put the path back in Norton Fitzwarren
Last updated 6th Jul 2024
A housing developer has been fined tens of thousands of pounds after pleading guilty to failing to restore a cycle way and footpath in Norton Fitzwarren.
Despite repeated requests by the council, it was deemed the work, started in 2021 by St Modwen Homes, fell well below standard.
St Modwen Homes Limited had been authorised by the council to carry out work in the area in 2021 which involved digging 20m down and connecting a manhole to the storm drain.
Last month (27 September), the developer pleaded guilty to four offences committed under the New Roads and Street Works Act 1991 (NRSWA 1991) at Taunton Magistrates Court and was handed more than £32,000 in fines and costs.
The offences
The court heard that St Modwen Homes carried out street works at Great Western Way but failed to reinstate white lines on the carriageway and footpath, along with red tarmac on the cycle path, contrary to section 71 of NRSWA 1991.
From 10 January 2022 to 3 March 2023, the company was contacted by Somerset Council - urging it to complete the reinstatement properly, but they failed to respond to the local authority. This meant St Modwen Homes failed to fulfil its duty under section 60 of the Act to cooperate with the Council in the interests of safety.
Between 26 September 2021 and 5 May 2023, the Council deemed the street works as “interim”, but the developer failed to make the interim reinstatement permanent within six months, as required by section 70(4A) of NRSWA 1991.
Between 26 March 2021 and 5 May 2023, the company failed to fulfil its duty to fully complete the reinstatement of the street works as required by section 70 NRSWA 1991.
The court hearing
Hearing the offences, it was also revealed to Taunton Magistrates Court that Somerset Council inspected the site in late March to assess whether it was finished properly, and to the right standards - but it was deemed to be below the standards expected and Codes of Practice made under NRSWA 1991.
Passing sentence, the court gave full credit to St Modwen Homes Limited for guilty pleas 'entered at the earliest opportunity' and accepted the mitigation submitted.
However, because of aggravating factors due to the long period of time of non-compliance with the NRSWA 1991, despite numerous chases by Somerset Council, and because the street works were not reinstated until 5 May 2023, the developer was fined a total of £28,000, plus a victim surcharge of £190 and costs were ordered for £3,866.50.