Section 171 and section 50 licence
Further information
Registration of works within 10 working days of completing the works, the licensee must complete and submit Form (SWL 4) giving details of the actual completion date and any reinstatement to the Street Works Authority. A detailed drawing to scale 1:1250 showing the actual depth of the apparatus, and its locations measured against fixed objects/structures should also be submitted (interim reinstatements must be made permanent within six months and during that time must perform to the same standards as a permanent reinstatement). Failure to do so may result in a Fixed Penalty Notice (FPN) being issued to the license holder.
If Emergency Works have to be done to prevent or halt circumstances which are likely to cause danger to persons or property then the licensee must inform the Streetworks Team and other relevant persons that Emergency Works are being performed. This must be done as soon as practicable or if not within two hours of the start of the Emergency Works via email to the Streetworks Team.
If a road closure is necessary, applicants must erect, at the site of the proposed closure, an information sign giving the public advance warning of the proposed closure. The design of these signs must be agreed with us and they must be in position 14 days before the commencement of the road closure. Applicants will be responsible for the erection, maintenance and removal of all necessary road closure and diversion signs and you should be aware that the road should remain open for pedestrians and access to frontages. Applicants must ensure that all statutory public notices displayed advising of closure are removed upon completion of works. Applicants must arrange appropriate media publicity in advance of the road closure.
Should the licensee fail to carry out the works for whatever reason after the license has been granted, the licensee shall be reimbursed for the cost of any inspections that have not taken place only and not for the cost of granting the license. Should the licensee wish to carry out works at a later date then the licensee shall apply for a new license and pay all appropriate charges, variation fees will also be applicable.
The licensee shall provide the Streetworks Team reasonable facilities for ascertaining whether the licensee is complying with his duties under the New Roads and Street Works Act 1991 (NRSWA). This includes inspection of the works throughout the phases of work as set out in the NRSWA Code of Practice for Inspections. The licensee shall pay for the costs of investigatory works and defect inspections if it is discovered that reinstatement requirements have not been complied with. Remedial works as a result of failure to comply with such requirements shall be paid for by the licensee. A Section 278 agreement reference must be supplied before any construction works are undertaken.
The licensee must obtain the consent, licence or permission of any other person that may be required in connection with the street works. This includes the consent, etc., of any owner of land upon which the street is situated to carry out the street works on that land.
The licensee must satisfy any requirements from the Streetworks Team and any other Authority or person who has apparatus in the street which is likely to be affected by the works. This may include agreement of the way in which works are carried out and the licensee must give the apparatus owner reasonable facilities to monitor the works and must co-operate to enable access to and protection of the apparatus the licensee shall co-operate with the Street Authority and other undertakers during the works in the interests of safety and shall minimise inconvenience to persons with a disability that uses the street.
It is the duty of the licensee to ensure that the execution of the works is carried out by and supervised by personnel having the prescribed qualifications under the New Roads and Street Works Act 1991.
The Streetworks Team may give the licensee directions where appropriate as to the time when the street works may or may not be carried out. Directions will be given where the Streetworks Team considers that the proposed street works are likely to cause serious disruption to traffic.
The licensee shall complete the street works as soon as possible, to minimise disruption to users of the highway, where the street works include breaking open or tunnelling under the street.
The licensee shall make sure that the street is adequately guarded and lit where any part of it has been opened up and/or where plant/materials obstruct the street. Traffic safety measures and control shall be in accordance with the Code of Practice (Safety at Street and Road Works, published by HMSO).
The licensee must reinstate the street in accordance with the DfT Code of Practice “Specification for the Reinstatement of Openings in Highways” (SROH) and its revisions.
In accordance with Section 76 of the New Roads and Street Works Act 1991 the licensee will be responsible for the cost of any temporary traffic regulation orders or notices which may be necessary in connection with the carrying out of the street works.
The licensee shall compensate any person who has apparatus in the street in respect of any expense reasonably incurred in making good damage to that apparatus caused as a result of the carrying out of the street works including the retention of the apparatus in the street or of any explosion, ignition or other event occurring to gas, electricity, water, etc. as a result of the same.
Permission to be obtained by applicant/contractor from Welsh Water to connect to their apparatus. Welsh Water contact details in the first instance is 0845 7462200.
If you have any questions or problems relating to the street works licence application or conditions, etc. please contact the Streetworks Team by phone: 01244 973934 or email: engstreetworks@cheshirewestandchester.gov.uk
The licensee can apply for an extension of time for the license should difficulties be experienced on site beyond their control. A cost of £45 will be charged to amend the license and re–coordinate the network along with any additional inspections fees should the works be extended into subsequent weeks. The licensee should make the application to extend the license and provide the reason for the extension request within 20% of the original duration or two days whichever is the greater.
The final response will either be a granted licence with any required conditions imposed or a refusal to grant with reasons to support the decision. The highway authority in all cases has the right to refuse the granting of a licence where it is perceived that highway users may be unnecessarily disrupted, obstructed or safety compromised. We also have a duty to ensure that the highway infrastructure is not compromised by the placing of apparatus within it.
Upon approval of the application, the license will then be granted, and you can proceed with the works. Please note all correspondence relating to Section 50s must be sent to the Streetworks Team. Any correspondence sent to individual members of the Streetworks Team may result in your request not being actioned.
Defects
The NRSWA requires a maintenance period for defective work of up to three years dependent of depth of excavation. Should defects be identified within this maintenance period you will be required to repair or reinstate the highways as required by the technical approval or specification for the opening of the highway where appropriate. Any further occupation of the highway will require a new license application to rectify the defect.
