In R ( THAMES WATER UTILITIES LTD ) v SWINDON BOROUGH COUNCIL ( 2026 ) EWHC 1348 ( Admin ) the claimant statutory undertaker applied for Judicial Review of the local highway authority’s decision to INCREASE THE FEES charged to the claimant for permits to carry out certain street works. The ISSUE was whether Regulation 32 of the TRAFFIC MANAGEMENT PERMIT SCHEME ( England ) REGULATIONS 2007 permitted fees to be applied only to PRESCRIBED COSTS incurred in the CURRENT FINANCIAL YEAR, or whether a permit authority could recover HISTORIC DEFICITS through increased fees in later years. The Court, considering the DoT’s statutory Guidance, holds that local highway authorities have NO POWER to increase the fees in order to cover past deficits. The statutory scheme requires the authority to endeavour to BALANCE COSTS AND FEES WITHIN A PARTICULAR YEAR, subject only to the possibility of carrying surpluses forward. Past deficits are relevant only insofar as they inform DECISIONS WHETHER ADHUSTMENTS HAD TO BE MADE TO THE STRUCTURE OF THE SCHEME, pursuant to regulation 29, to ensure a better balance in the future.

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