Section 50 licence application guidance notes

Extract from Schedule 3

New Roads and Street Works Act 1991

Grant of licence

Before granting a Street Works Licence the Street Authority will give no less than ten working days' notice to each of the following: 

(a) where the works are likely to affect a public sewer, to the Sewer Authority

(b) where the works are to be executed in a part of a street which is carried or crossed by a bridge vested in a transport authority, or crosses, or is crossed by any other property held or used for the purposes of a transport authority, to that

(c) where in any other case the part of the street in which the works are to be executed is carried or crossed by a bridge, to the bridge authority

(d) to any person who has given notice under section 54 (advance notice of certain works) of his intention to execute street works which are likely to be affected by the works, and

(e) to any other person having apparatus in the street which is likely to be affected by the works

1. The person granted a Street Works Licence becomes an Undertaker for the purposes of the New Roads and Street Works Act 1991, and therefore attracts the relevant duties and responsibilities imposed by the Act and associated Secondary Legislation and Codes of Practice. (NB, Those applications not familiar with the appropriate knowledge and accreditation to help complete the application and conduct the works on their behalf. Contractors without appropriate knowledge and accreditation will not be permitted to work in the highway).

2. Financial penalties may arise to the licence holder for non-compliance with the relevant statutory duties or licence conditions. Applicants should note that this liability cannot be delegated to any other person or organisation.

3. The requirement to obtain a Street Works Licence applies to any person or organisation (other than anyone acting under a statutory right) who wishes to place, retain and thereafter inspect, maintain, adjust, repair, alter or renew apparatus, or change its position or remove it from the Highway.

4. The term apparatus includes drains, cables, ducts, sewer pipes, water and gas pipes etc both under, over, across, along or upon the Highway.

5. A Street Works Licence to place apparatus or consent to work on existing apparatus in the Highway will only be granted to the owner(s) of apparatus or their Successor in Title. Owners should note their Statutory duty to secure that the apparatus is properly maintained at all times.

6. In order for the Street Authority to comply with its Statutory duty, all applications must be submitted at least 1 month in advance of commencement of the proposed works. A shorter period may be agreed by the Street Authority in conjunction with the other Undertakers likely to be affected. The application form must be signed by the owner of the existing or proposed apparatus.

7. Applicants should note that special conditions may be imposed by the Street Authority:

(a) in the interests of safety

(b) to minimise the inconvenience to persons using the Street, having regard to people with a disability in particular

(c) for Traffic Sensitive Streets, Streets with Special Engineering Difficulties and Protected Streets, and to protect the structure of the street and the integrity of the apparatus in it

The applicant must strictly adhere to these conditions.

8.  The Duty of Care: Controlled Waste Transfer Note must be completed where any waste from the excavation has to be disposed of. A copy of the completed form must be retained by the Licence Holder with a copy given to the person accepting the waste.

9. The Licensee must give 7 days advance notice of the intended starting date to the Street Authority using Form SWL6.

10. The Licensee must permit the Street Authority to monitor his or his contractor's performance throughout all stages of street works.

These are:

(a) signing, guarding and excavation

(b) signing, guarding and reinstatement

(c) immediately after permanent reinstatement

(d) between 6 and 9 months after permanent reinstatement and,

(e) during the one month preceding the end of the guarantee period. (This period will begin from the date the Street Authority is notified of the permanent reinstatement and will be for 2 years for excavations up to 1.5m deep add 3 years for deeper)

11. The Licensee must inform the Street Authority of the completion of the reinstatement by the end of the following working day, stating whether it is interim or permanent. If an interim reinstatement carried out this must be made permanent within 6 months.

12. The Licensee must complete and submit Form SWL7 to the Street Authority within 7 days of completion of the works and clearing site.

13. Where the apparatus is in respect of which an application for a Street Works Licence is made to the Street Authority is to be placed or retained on a line crossing the street and not along the line of the street, a person aggrieved by:

(a) the refusal of the authority to grant him a licence

(b) their refusal to grant a licence except on terms prohibiting its assignment, or

(c) any terms or conditions of the licence granted to him may appeal to the Secretary of State

14. When submitting Form SWL7, the licensee must provide detailed drawings to scale 1:1250 showing the actual depth of the apparatus and its location, measured against fixed objects and structures.

15. Prior to issue of the Licence. Form SWL4 must be circulated to all Statutory Undertakers to identify whether their apparatus will be affected by the proposed works. This circulation will be undertaken by the Licensee.

Form SWL2 must be completed by the applicant for authorisation to place and retain apparatus in the highway, and this must be submitted to the Street Authority with:

(a)  2 copies of a plan at scale 1:1250 or greater of the proposed location and depth of the relevant apparatus, marked by a broken red line.

(b)  Proof of Public Liability Insurance: This must indemnify the Street Authority against any claim in respect of injury, damage or loss arising from the works and provide a minimum £5,000,000 cover, and be maintained from commencement of the works on the highway up to completion and acceptance by the Street Authority of the permanent reinstatement.

Ongoing indemnity must be provided for the Street Authority by the Licensee against any claim in respect of injury, damage or loss arising out of the presence in the street of apparatus to which the license relates, or the execution of any works authorised by the licence.

(c) Payment in advance of:

i) Administration Fee (non-returnable)

ii) Capitalised Fee in lieu of annual charge

iii) Inspection Fee for each 200m length of opening or part thereof

Plus VAT. Therefore minimum cost is £482.

Cheques should be made payable to 'Stockton-on-Tees Borough Council'.

(d) Completed Declaration Form SWL4 in advance (Statutory Undertakers Declaration/Response). Cheques should be made payable to 'Stockton-on-Tees Borough Council'.

(e) Proof of Street Works Employee Accreditation.

Form SWL3 must be completed by the Applicant for consent to work on existing apparatus in the highway, and this must be submitted to the Street Authority with:

(a) Proof of Public Liability Insurance: This must indemnify the Street Authority against any claim in respect of injury, damage or loss arising from the works and provide a minimum £5,000,000 cover and be maintained from commencement of the works on the highway up to completion and acceptance by the Street Authority of the permanent reinstatement.

Ongoing indemnity must be provided for the Street Authority by the Licensee against any claim in respect of injury, damage or loss arising out of the presence in the street of apparatus to which the licence relates, or the execution of any works authorised by the licence.

(b) Payment in advance of:

i)  Administration Fee (non-returnable)

ii) Inspection Fee for each 200m length of opening or part thereof)

Plus VAT. Therefore minimum cost is £482.

Cheques should be made payable to 'Stockton-on-Tees Borough Council'

(c) Completed Declaration Form SWL4 in advance (Statutory Undertakers Declaration/Response).

(d) Proof of Street Works Employee Accreditation.

In the event of a defective reinstatement, an additional fee of £72.50 per inspection (max 3) for each 200m length will be charged in respect of additional inspections to correct that defect.