Devon County Council Terms and Conditions for Licences Issued Under Section 50 of New Roads and Street Works Act, 1991

Contents

General

The Licence is granted under Section 50 of the New Roads and Street Works Act (NRSWA) 1991 by Devon County Council (hereafter referred to as the Licensor).

The Licensee is the owner of the apparatus. Any contractor employed by the owner of the apparatus is working on the Licensee’s behalf. The Licensee is responsible for ensuring that any contractor employed by them observes the requirements set out in NRSWA and all associated legislation and codes of practice.
The Licensee is the owner of the apparatus. Any contractor employed by the owner of the apparatus is working on the Licensee’s behalf. The Licensee is responsible for ensuring that any contractor employed by them observes the requirements set out in NRSWA and all associated legislation and codes of practice
The Licensee becomes a ‘Statutory Undertaker’ for the purposes of NRSWA, and therefore has the duties and responsibilities imposed by the Act and all associated legislation and codes of practice.
Compliance with the Act, and all further regulations, guidance and codes of practice made thereunder, is a condition of all Section 50 Licences. The duties and responsibilities of the Licensee are set out, but not limited to, those at the end of these terms and conditions (See hyperlinks).
Non-compliance with duties and responsibilities imposed by the Act, associated legislation and codes of practice may result in penalty charges, fines or legal action against the Licensee. The Licensee shall pay the Licensor such penalty charges or fines that are incurred.
Once the Licence is issued, it remains with the Licensee for the duration that apparatus is in place. The Licence may form part of the deeds associated with the property or land and as such should be transferred to new owners where required.
The Licensee shall ensure the apparatus is adequately maintained. This includes carrying out works as required to ensure the apparatus is kept in efficient working condition, including when works are necessitated by other works in the street. [1]
As outlined in Schedule 3 of NRSWA [2], Licensees must inform the Licensor of any changes (such as a change in ownership or intent to abandon or cease using the apparatus) at least six weeks before they occur. If ownership is being transferred the Licensee must give notice stating to whom the licence is being transferred. Failure to do so is an offence and may result in prosecution.
If any apparatus is installed without the correct permissions, the Licensor can require that the apparatus is uninstalled and all excavations reinstated. Failure to comply can result in the Licensor undertaking the works and recovering the costs incurred from the Licensee.[3]
The Licensor may attach to a licence conditions considered appropriate in the interests of safety, to minimise disruption and inconvenience, or to protect the structure of the street and the integrity of apparatus in it.[4]
The Licensor may by notice in writing withdraw a Licence if the Licensee fails to comply with conditions imposed on the Licence. This period would not be less than 7 working days.[5]
Repeated or serious non-compliance with these terms and conditions, associated legislation and codes of practice will result in the Licensor no longer issuing Licences to specific Licensees or no longer allowing specific contractors to work on the network. This is to ensure the Licensor’s statutory duties are met.

[1] New Roads and Street Works Act 1991, Section 81.

[2] Schedule 3 (5) of New Roads and Street Works Act 1991.

[3] New Roads and Street Works Act 1991, Section 51 (4).

[4] Schedule 3 (3) of New Roads and Street Works Act 1991.

[5] Schedule 3 (6) of New Roads and Street Works Act 1991.

Application

A minimum of 2 months’ notice is required to process licence applications related to new installations and repairs/amendments to existing apparatus.
CCTV and Traffic Surveys (including counters) will require a minimum of 2 weeks’ notice.
Works involving a duration of more than 10 working days or requiring a Temporary Traffic Regulation Notice/Order (TTRN/O) all require a minimum 3 months’ notice.
Immediate works are defined within The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (Urgent Works) and within Section 52 of NRSWA (Emergency Works). Works submitted as Immediate works which do not meet these definitions will be refused.
Works on existing apparatus which are assessed as requiring immediate repair should be undertaken and the Licensor notified within 2 hours of works beginning on site, or earlier if practicable.
Applications will only be processed if all required documents are included at the point of application. Additional documents may be requested later. Failure to provide the correct notice period or the correct documents at the point of application will lead to delays in processing the application or refusal.
The Licensee is required to indemnify the Licensor against any claims in respect of injury, damage or loss related to the licenced works.[6] The Licensor requires that the Licensee has Public Liability Insurance (PLI) for at least £5m which must be valid and in-date for the duration of the proposed works. If the PLI expires prior to or during the works, then works cannot begin or continue until the Licensor has reviewed the current valid certificate.
For all works requiring a TTRN/O, the Licensee must follow the guidance provided on the Licensor’s website related to such applications. Special attention is needed in respect of the requirement to notify, especially regarding businesses, residents and community buildings which are likely to be most affected by the TTRN/O. While the notification does not need to have taken place at point of application, a list of those to be notified should be provided with the application. This list may require amending following review by the Licensor. A list of those who should be notified can be found within the guidance notes.
The licence does not dispense the Licensee from obtaining any other consent, licence or provision which may be required, which includes (without limitation) any connections for discharging into highway-maintained apparatus. Permission to connect to a sewer must be sought from the relevant body.
The Licensee is to notify, in writing, any Statutory Undertaker whose apparatus is likely to be affected. Written evidence that apparatus is/is not affected and that the Statutory Undertaker has agreed to the method by which remedial works will be undertaken, is required from each Statutory Undertaker and provided to the Licensor. All costs for alteration to the Licensor’s or Statutory Undertaker’s apparatus, equipment or assets is to be borne by the Licensee.

[6] Schedule 3 (8) of New Roads and Street Works Act 1991.

Post approval

A Licence does not grant permission to occupy the highway for the purpose of installing or maintaining apparatus. No works can commence in a public highway until a road space booking is made and confirmed by the Licensor.
Any works carried out or apparatus placed in the highway before the Licence has been issued or road space booking confirmed may be subject to enforcement action by the Licensor.
Section 50 works can only commence on the date and time agreed by the Licensor on the road space booking. Working without valid permission is an offence under Section 51 of NRSWA 1991 and the person committing this offence may be issued with a Fixed Penalty Notice or be prosecuted.
A requirement when carrying out any work on the highway is that they are adequately signed, guarded, and lit as stipulated in “Chapter 8 of the Traffic Signs Manual” and the “Safety at Street Works and Road Works Code of Practice” and maintained 24 hours a day by the Licensee.
Only traffic management as agreed with the Licensor can be used with the licenced works. Any amendments to the agreed traffic management must first be approved by the Licensor. Any amendments must be submitted on an SWL3 form.
The Licensee is required to provide a works start and works stop notification within timeframes laid out within legislation.[7] Failure to adhere to these timeframes may result in a Fixed Penalty Notice.
It is the duty of the Licensee to ensure that a trained Operative is always on site during licensed works. The works also need to be supervised by a qualified Supervisor who must be present within 30 minutes of the site. [8]The Operative and the Supervisor must be separate people. Failure to comply with these duties may result in prosecution.[9]
Under Section 65 of NRSWA the Licensee is responsible for safety measures on site. [10]
Requests to extend the road space booking must be made via the SWL3 form. All extension requests will be considered by the Licensor. Requests should be submitted to the Licensor within 2 days or 20% of the original works duration, whichever is longer. [11]
Continuing to work without an agreed extension can result in overrun charges. These are outlined in the Coordination Code of Practice and Section 74 of NRSWA.
Obstructions placed on the highway as a consequence of the works must be removed as soon as is practicable and safe to do so.
It is a legal requirement for the Licensee to ensure that any excavations made are reinstated as per the statutory codes of practice.[12] A contractor must be working to this code, but it is the Licensee’s responsibility to ensure compliance.
The Licensee must submit an SWL4 form to the Licensor within 10 working days of the reinstatement date, detailing all reinstatement dimensions including those of an interim nature. [13] [14]
A photo of each reinstatement should be provided along with the SWL4. This is to ensure that the Licensor can inspect the correct reinstatement and to cover the Licensee against claims not associated with their works.
Failure to provide the SWL4 within 10 working days can result in a Fixed Penalty Notice.[15]
The Licensee is responsible for their reinstatement for a guarantee period of 2 years for excavations of 1.5m or less or 3 years for excavations which are more than 1.5m deep.[16] A contractor must comply with the Specification for the Reinstatement of Openings in Highway (SROH).
If the reinstatement is inspected and found to be defective, the Licensee will be charged a £120 defect fee. This is outlined in the Inspection Code of Practice. [17] The Licensee will be required to undertake remedial measures.
The Licensor will require remedial action to take place within 20 days of the first defect notification. Longer periods may be agreed following liaison between the Licensee and the Licensor. The remedial works may incur additional administration fees.
The Licensor can by notice require the Licensee to undertake the necessary remedial works in not less than 7 working days. [18]
Remedial works can only take place following submission of an SWL3 form and agreement for a road space booking with the Licensor.
Any damage caused to the public highway will be the responsibility of the Licensee. Failure to repair to the appropriate standard and timeframe may result in the Licensor undertaking the work and recharging the Licensee under Section 72 of NRSWA.
All notices required under these Terms and Conditions shall be provided via email to: highwaycoordination-mailbox@devon.gov.uk.