Published: Thursday 11 May 2023
British Telecommunications (BT) have been fined £15,000 at Westminster Magistrates court on the 10 May 2023 for unsafe street works carried out in Campden Street, Kensington. BT were also instructed to pay a £2,000 victim surcharge and Kensington and Chelsea Council’s legal costs of £4,449.80.
Kensington and Chelsea Council’s Transport and Regulatory Services department brought forward the case under section 65 (safety measures), Section 71 (duty of undertaker to reinstate) and Section 60 (general duty of undertakers to co-operate) of the New Roads and Street Works Act (NRSWA).
The works were carried out on the 4 October 2022, but when a Council officer visited the site on the 5 October, they found that BT had vacated the site but left an open hole in the footway. BT were instructed to return within 2 hours to make the area safe but failed to do so. BT were charged with three offences for failing to enclose the work area with barriers, failing to fully reinstate their excavation and failing to co-operate with the Highways Authority. Anyone entering the site may have come to considerable harm as barriers were not in place, paving slabs had been damaged and laid unevenly and an open hole left exposed in the footway. This presented multiple trip hazards to the public.
The court heard how BT failed to put measures in place and co-operate with the Highways Authority and Kensington and Chelsea Council had to instruct their own contractor to attend the site and place barriers to protect members of public.
Cllr Cem Kemahli, Lead Member for Planning, Place and Environment said:
"Anyone who carries out works on our streets has a duty of care towards the public. We are striving for a safer Kensington and Chelsea and if companies fail to meet their responsibilities, we will step in to keep the public safe. This is a great result for our team who are working hard to educate and hold those responsible to account."