Roadworks - Update on Use of Third Party Land
Posted 0 days ago (18/03) by Theresa Goss
Email from Power On - 18.03.26
Dear Parish Clerk,
We have been contacted and been in discussion with Oxfordshire Highways regarding two pinch points on the project regards going through Third party land and temporary pedestrian traffic lights. They have asked me to send an email out to them and Bloxham Parish Council with my findings and reasonings.
Please note this email has been circulated to Oxfordshire County Council also.
Please see below.
I wanted to provide clarification on why the excavation works are being carried out within the highway rather than third‑party land.
Following our assessment, the highway has been identified as the only viable and approved location for the works. The alternative option—using third‑party land—is not feasible due to the following reasons:
- Land Ownership and Access Rights: We do not have legal rights, easements, or permissions to undertake works on privately owned land. Securing such agreements would introduce significant delays and costs.
- Technical and Design Requirements: The existing utilities and required installation align with the highway corridor. Shifting works onto third‑party land would require a complete redesign and could compromise compliance with engineering standards.
- Health, Safety & Operational Constraints: The highway provides a controlled working environment with established safety measures, whereas working on third‑party land may introduce unknown hazards and restrict safe plant access.
- Programme and Regulatory Approvals: We have already obtained the necessary permits for working on the highway. Any change of location would require new approvals, extending the programme timeline.
Along with the above we have had discussions with NGED, and they have said they would not really want to adopt a cable in third party land due to Operational and Practical Constraints
- Risk of damaging existing third‑party utilities
Unknown or unrecorded services may be present, increasing the risk of strikes and associated liability.
- Restrictions on plant, machinery, and storage
Third‑party land may limit or prohibit heavy equipment use, vehicle movements, or spoil storage.
- Environmental and ecological constraints
Protected habitats, trees, or watercourses often require additional surveys and approvals.
For these reasons, excavating within the highway remains the most compliant solution.
Request for Temp Ped lights
We’d strongly advise against placing the temporary pedestrian traffic lights so far away from the project area for the following reasons:
- Safety risk – Pedestrians may ignore the distant crossing if it feels disconnected from where the works are happening, increasing the chance of unsafe road crossings.
- Non‑compliance – Temporary signals that don’t clearly relate to the work zone can fail to meet traffic management best‑practice and may not satisfy the local authority/HA requirements.
- Confusion for road users – Drivers and pedestrians could be unsure why the lights are there, reducing compliance and potentially causing delays.
- Public perception – It may appear poorly planned if the temporary setup doesn’t obviously relate to the project footprint.
However, should when we start our works we will be more than happy to review and should our works cause a safety Risk to pedestrians we can discuss a plan to resolve the issue.