Excavation in the Public Highway

Who can excavate the public highway?

Only persons with the correct statutory powers can excavate within a public highway.  Devon County Council, as both the street and highway authority, can authorise a private individual to excavate within a public highway by means of issuing an applicable licence.

Devon County Council has no authority within Plymouth and Torbay. To excavate within the public highway in these places, please contact these unitary authorities direct.

If you wish to either access existing pipework or to place new pipework in your ownership in the street, please contact the Traffic Management Unit based at County Hall, on 01392 382085, who will advise on the procedure under Section 50 of the New Roads and Street Works act 1991.

How do I know the land is publicly maintainable?

Please contact our Land Charges department on 01392 382295 or e-mail: lcharges@devon.gov.uk   Please note that a public highway includes the carriageway, footway, verges, bridleways and footpaths.

Why do you wish to excavate within the public highway?

There are two main pieces of legislation that govern private excavations within a public highway.

1. Excavations for apparatus works;

• Installation of any new private apparatus.  
• Works to any existing private apparatus.

What is apparatus?

Apparatus is:

• A piece of equipment used for a particular purpose, such as to transfer a service of some form.  (e.g. Pipe/cable/sewer).
• Any piece of equipment used to lodge another piece of apparatus, (e.g. a 'duct' laid for a cable).
• A piece of equipment placed to gain access to another piece of appartus (e.g. a manhole/inspection chamber).

Please note that any apparatus placed under the highway surface (excavation works/boring/tunnelling), on the highway surface (such as an inspection box) or over the highway (such as telephone wires) all require a Section 50 licence.  Works to apparatus that require no excavation, still require approval under Section 50.  (e.g. Works such as the lifting of a manhole cover to carry out an inspection).

For such works a Section 50 Street Works licence is required under the New Roads and Street Works Act 1991.

2. Non apparatus excavations;

• Excavate a trial hole.

For such works a Section 171 Licence under the Highways Act 1980 may be required,