Minor work on the highway – licence conditions

For permission to deposit material on, excavate in or temporarily use an area of the public highway.

SECTION 171, HIGHWAYS ACT 1980

Notes

1. The Licensor is Devon County Council
2. The Licensee is the contractor given a licence by the Licensor to undertake the work.
3. Section 171 of the Highways Act 1980, which states, that consent can be given to persons to temporarily deposit building materials or other items on the highway with consent from the local highway authority
4. ‘Statutory undertaker’ is the legal term used to describe those organisations and agencies that have certain legal rights and obligations when carrying out particular development and infrastructure work. Typically, they are utilities and telecoms companies: those who deal with water, gas, electricity, etc, including the sewerage authority
5. The Construction (Design and Management) Regulations 2015 (CDM) were revised and came into force on 6th April 2015. Devon County Council is the licensing authority for the works only and does not hold any duty holder roles or responsibility under CDM. The licensee is responsible in ensuring all compliance with all the CDM 2015 Regulations.
6. All insurance and certificates of competence must be current at the time of construction. Failure to produce current certificate may result in a re-application.
7. If the licensee objects to any of the following conditions of the licence, the licensee may appeal to a Magistrates’ Court within 21 days of the date of receipt of the licence.
8. Work may not commence until the date and time specified.

Conditions

1. Applications must be completed in full including a location plan and a site-specific plan with dimensions and any other documentation applicable to the application.
2. The surface water drainage of the highway must not be impeded nor must manholes or the apparatus of any Statutory Undertaker be obstructed.
3. Any works which affect the free flow of vehicles or pedestrians along the street will require a Temporary Traffic Regulation Notice or Order in place before they start and, in any event, will only impede said free flow in one direction at any one time.
4. Where the works reduce the width of the highway to a single width (or less), adequate traffic management must be provided, a traffic management plan should be submitted with the application and agreed with the Licensor.
5. No material deposited on the highway shall contain any inflammable, explosive, noxious or dangerous material or any material which is likely to putrefy, or which otherwise is, or is likely to become, a nuisance to users of the highway.
6. No material, equipment or apparatus shall be deposited in such a way it should fall onto the highway, outside of the agreed area.
7. Any obstruction placed on the highway shall be removed as soon as is practicable.
8. The obstruction shall not remain on the highway pursuant to this permission after the period of this permission specified has expired unless an application for an extension of time has been approved.
9. All materials placed on the highway shall be properly disposed of, all equipment and apparatus must be removed and the highway shall be left in a clean and tidy condition on the expiration of this permission.
10. Any damage caused to the public highway will be repaired by the Licensor and recharged to the Licensee.
11. The Licensee must provide the Licensor free and unrestricted access to the works site so inspections can be carried out as and when deemed necessary by the Licensor.
12. It is the Licensee’s responsibility to locate, protect and arrange for any works required to any Statutory Undertaker’s apparatus affected.
13. The Licensee is to notify, in writing, any Statutory Undertaker whose apparatus is likely to be affected. Written evidence that apparatus is or is not affected, and the utility has agreed to the method by which remedial works will be undertaken, is required from each Statutory Undertaker and must be provided to the licensor, if requested. All costs for alteration to Statutory Undertakers, or the Licensor’s plant and equipment is to be borne by the Licensee.
14. The Licensee must be covered by Public Liability Insurance which should be available for inspection; minimum cover to be £5 million. Such insurance must indemnify the Licensor from and against all actions, claims, losses and expenses whatsoever in respect of loss of life or personal injury or damage to property, howsoever caused, arising out of or in any way attributable to the works.
15. When submitting an application, if that application extends beyond the currency of the insurance certificate, the licence will be issued up to the end date of the certificate. A new certificate will need to be submitted before an extension will be considered.
16. The licensee shall comply with Chapter 8, of the Traffic Signs Manual, together with such other conditions as the local highway officer may require.
17. A requirement when carrying out any work on the highway is that the works are adequately signed, guarded and lit during the hours of darkness as stipulated in ‘Chapter 8 of the Traffic Signs Manual’ and the ‘Safety at Street Works and Road Works Code of Practice’ (all signing, lighting and guarding shall be maintained 24 hrs a day by the applicant).
18. Personnel involved must be trained and accredited in the Signing, Lighting and Guarding module as prescribed in the New Roads and Street Work Act 1991 to the following levels. A Company must have at least: (a) One Accredited Supervisor (who does not have to be on site but needs to be able to attend site within 2 hrs if required) and b) A minimum of one Accredited Operative on site at all times when the work is being carried out.
19. If the conditions of the licence are not met, the County Council has the right to revoke the licence at any time by written notice addressed to the licensee and posted ‘recorded delivery’ to the address stated in the licence. The licensee must remove the materials, equipment and/or apparatus immediately. If it is not removed after giving five days’ notice, the Council may arrange for it to be removed. Any reasonable expenses incurred by the Council in doing so shall be recoverable from the licensee.