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Broadband and telecoms giant BT (Openreach) has been fined a total of £9,000 at the Barrow Magistrates Court in Cumbria (England) after Westmorland and Furness Council (WFC) brought a successful prosecution against the operator for carrying out roadworks “without permits“, while also “failing to reinstate the road adequately“.
The offences are said to have taken place during January 2025 in the parish of Seathwaite, within the Lake District National Park. The company, which we assume to actually be Openreach (only BT is named), carried out significant roadworks, installing more than 3 miles of underground duct and 20 carriageway chambers, albeit “without following correct procedures for closing the road or with appropriate permits in place“.
Just to make matters worse. The council had earlier “refused the issue of a permit” because several of them would have been needed to cover the whole works and road closures then also became a requirement, “without which the works would be considered dangerous“. The works performed also left the road in an “inadequate state and not at the required standard“.
Cllr Peter Thornton, WFC Cabinet Member for Highways, said:
“We don’t like having to prosecute utility companies as we recognise the important work they do. However, we do insist that this work is done to a proper standard, to strict health and safety regulations and that permits are properly applied for.
We will continue to demand the highest standards from anyone working on the public highway in Westmorland and Furness.”
The operator, which pleaded guilty, ended up being charged under Section 71 of the New Roads and Street Works Act 1991 and Regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007, which has over the years been used to levy similar fines against various other broadband operators (recent examples here, here and here).
As well as being fined, the company was also ordered to pay the council’s costs of £5,000 and a victim surcharge of £2,000. We have asked Openreach to comment and await their response. Credits to one of our readers, Graham, for the news tip.