DONCASTER METROPOLITAN BOROUGH COUNCIL
THE NEW ROADS AND STREET WORKS ACT 1991
SECTION 50 - STREET WORKS LICENCE
Directorate of Regeneration and Environment
Doncaster Metropolitan Borough Council
Civic Office
Waterdale
Doncaster
DN1 3BU
GUIDANCE NOTES FOR THE APPLICATION FOR A STREET WORKS LICENCE UNDER SECTION 50 OF THE NEW ROADS AND STREET WORKS ACT 1991 (FORM SWL1)
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.
(The attached ‘N’ notice must be completed with your start and end dates, which must be adhered too: see page 5 of these guidance notes regarding charging under section 74)
YOU MUST SUBMIT A 3-MONTH NOTICE FOR A MAJOR WORKS PROJECT WITH A FOLLOW UP 10 DAY NOTICE USING FORM SWL4 PRIOR TO COMMENCING WORK ON SITE. - PLEASE NOTE THAT THE ACTUAL START NOTICE IS REQUIRED THE DAY YOU BEGIN YOUR WORKS.
YOU MUST SUBMIT A 1-MONTH NOTICE FOR BOTH MINOR WORKS AND STANDARD WORKS PROJECTS WITH A FOLLOW UP 10 DAY NOTICE USING FORM SWL4 PRIOR TO COMMENCING WORKS ON SITE.
WORKS CANNOT COMMENCE UNTIL CONFIRMATION IS RECEIVED FROM DONCASTER MBC HIGHWAY NETWORK MANAGEMENT SECTION GIVING APPROVAL
2. Financial penalties will be imposed by the Doncaster Metropolitan Borough Council being the Street Authority against 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 a Statutory Body) 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 included drains, cables, ducts, sewer pipes, water and gas pipes etc.
5. 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) 10 copies of a scale plan 1:500 of the proposed location of the relevant apparatus marked by a red broken line. The plans should also provide a detailed cross section of the work, which indicates the depth of excavation and the type and size of apparatus.
b) Proof of Public Liability Insurance. This must provide a minimum £5m 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.
c). Payment of: -
(i) £260.00 Capitalised fee in lieu of annual charge
(ii) £150.00 Inspection Fee.
d) Completed Declaration Form (Statutory Undertakers Declaration/Requirements).
e) Method Statement, Safety Proposals/Policy Compliance with CDM Regulations.
6. 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 provide a minimum £5m cover and be maintained from commencement of the work on highway up to completion and acceptance by the Street Authority of the permanent reinstatement.
b) £150.00 Inspection Fee
c) Completed Declaration Form (Statutory Undertakers Declaration/Requirements).
7. A Street Works Licence or consent to work on existing apparatus in the highway will only be granted to the owners of apparatus or his Successors in Title. Owners should note their statutory duty to secure that the apparatus is properly maintained at all times.
8. In order for Doncaster Metropolitan Borough Council (Street Authority) to comply with its statutory duty, all applications must be received three months in advance for major works projects and one month in advance for standard /minor works.
9. The Licensee must give the Street Authority (Doncaster Metropolitan Borough Council) the required notice as set out in the Code Of Practice For The Coordination of Street Works And Works For Road Purposes and Related Matters.
10. Applicants should note that: -
The Street Authority may impose special conditions: -
a) To minimise the inconvenience to persons using the street, having regard to people with a disability in particular.
b) For Traffic Sensitive Streets, Streets with Special Engineering Difficulties and Protected Street.
11. The Licensee must permit the Street Authority to monitor his performance throughout all stages of street works. These are signing, guarding, excavation and reinstatement, within 6 months following interim or permanent reinstatement and within 3 months preceding the end of the guarantee period. (This period will begin from the date the Street Authority is notified of the permanent reinstatement using form R1 enclosed).
12. 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 is carried out this must be made permanent within 6 months. An interim reinstatement must only be made by agreement with the Street Authority and only in exceptional circumstances for example difficulty in obtaining specialist-surfacing materials.
13. The Licensee must complete and submit Form SWL5 to the Street Authority within 7 days of completion of the works and clearing the site.
14. Where the apparatus 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 license,
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.
15. Out of hours and/or emergency telephone numbers must be provided to enable the authority to make contact with you in the event of their being some problems or difficulties with you’re on site works.
16. All the works carried out adjacent to or on the public highway must be protected and carried out in accordance with Chapter 8 of the Traffic Signs Manual. You will be responsible for seeking the agreement of all interested parties including the Council’s Traffic Management Section and you MUST provide detailed designs of proposed temporary traffic management.
17. Should a temporary traffic regulation order be required a minimum of 8 weeks notice must be provided in addition to the application for a Section 50 licence. The cost of such an order is £1240.00. There is also an additional charge for the suspension of any parking bays of £22.50 per space per day. Please note that you will need special permission for the use of temporary traffic control.
18. You MUST complete the APPLICATION FOR THE USE OF PORTABLE TRAFFIC CONTROL FORM. The proposal will be considered by the Highway Network Management section if approval is not given you will be informed of the further actions you will have to carry out prior to undertaking the work. All aspects of the work are liable to inspection at any reasonable time during and at the end of the works.
NB: The applicant must strictly adhere to these conditions and the owner of the apparatus must sign the application form.
IMPORTANT NOTES FOR THOSE APPLYING FOR STREETWORKS LICENCE
DURING EXCAVATION/REINSTATEMENT
1. If you (the Licensee) or your contractors are unsure about any aspects of your job (signing/guarding, reinstatement specification or makeup of the street etc.) please contact The Highway Network Management Section to obtain further guidance.
2. The licence you receive gives permission to excavate in the highway it also makes you subject to the requirements contained in the New Roads and Street Works Act 1991 and the Traffic Management Act 2004.
3. The Works will be subject to inspections by the Street Authority at any time. Should the site safety or method of excavation/reinstatement be found defective under the legislation, you shall be liable for defect inspection fees as detailed in the Codes of Practice for NRSWA together with any further investigatory costs incurred by the Council.
4. The completed reinstatement carries the licensee guarantee for either two or three years. If the reinstatement is found to be defective during this time you will be fully liable for remedial repairs and the costs involved.
5. Full information on all aspects of working in the highway under NRSWA can be found in the NRSWA Codes of Practice (‘Blue, Yellow and Pink’ books for general issues regarding co-ordination and noticing, reinstatement specifications and inspection regimes, new ‘purple’ book for issues relating to section 79 (see below). The website address is highlighted below were all the Codes of practice can be viewed.
http://www.dft.gov.uk/pgr/roads/network/local/streetworks/cop/
COMPLETION OF WORK
After completion of work, Doncaster MBC will then require, under Section 79 of the NRSWA:
1. The attached NRSWA ‘R’ Notice completed.
2. An ‘as built’ drawing on OS map scale 1:500 or better showing precise location of all apparatus and limits of excavations having taken place will be provided within 28 days of work completion.
3. Accuracy of recording apparatus on site should be no worse than +/- 300mm. This accuracy must be represented on the map, together with a statement of co-ordinates as derived from either map or GPS.
4. The Licensee must also inform Doncaster MBC of any known future alterations to the underground apparatus, or any change of ownership, so that the record may be suitably amended
5. The works undertaken shall be subject to inspection by Doncaster MBC under NRSWA. Should the apparatus or reinstatement be found defective, the owner shall be liable for defect inspection costs as detailed in the Codes of Practice for NRSWA and any further investigatory costs incurred by the Council
OTHER ISSUES TO CONSIDER
1. It is your responsibility to sign, guard, light and maintain your work safely. Your qualified operative is required to be on site at all times during the works, which should be overseen by a qualified Supervisor.
2. You are required to give pedestrians and disabled people safe and clearly indicated routes around the site at all times. You may not close footways and require pedestrians to cross the road. Plant, equipment and vehicles must not be left on the footway outside the signed and guarded working area.
3. Doncaster MBC may direct times of working, especially where a street is subject to special controls.
4. Under Section 74, charges may be levied for work overruns according to the Category of the street. Please contact us if you require advice prior to works commencement, or 24 hours before your stated end date if you find delays unavoidable during the works. The table below details the daily overrun charges.
Charges in relation to works occupying the carriageway during period of overrun.
Item / Description of street / Amount (£)(each of first three days) / Amount (£) (each subsequent day)1. / Traffic-sensitive street or protected street not in road category 2, 3 or 4. / 5000 / 10000
2. / Other street not in road category 2, 3 or 4. / 2500 / 2500
3. / Traffic-sensitive street or protected street in road category 2. / 3000 / 8000
4. / Other street in road category 2. / 2000 / 2000
5. / Traffic-sensitive street or protected street in road category 3 or 4. / 750 / 750
6. / Other street in road category 3 or 4. / 250 / 250
Charges in relation to works outside the carriageway during period of overrun.
Description of Street / Amount (£)(each day)
1. / Street not in road category 2, 3 or 4. / 2500
2. / Street in road category 2. / 2000
3. / Street in road category 3 or 4. / 250
5. All apparatus should be laid wherever possible in conformity with NJUG publication 7 (obtainable from National Joint Utilities Group, 30 Millbank, London, SW1P 4RD)
6. Your obligations to maintain apparatus in the street under Section 81.
7. Valuable guidance for safe digging practices is given in HSG47 “Avoiding danger from underground services”
8. NJUG Publication No10. Guidelines for the planning, installation and maintenance of utility services in proximity to trees.
SECTION 6 - CONDITIONS
1. The Street Authority for the Highway mentioned in Section Two of Form SWL2 (hereinafter called “the Highway”) hereby grant to the party named in Section One of Form SWL2 (hereinafter called “the Licensee”) with the intent that the same shall benefit and run with the property described in Section Two of Form SWL2 hereto Licence under Section 50 of the New Roads and Street Works Act 1991 to place and leave in the Highway in the position shown by a red broken line on the plan attached hereto the apparatus (hereinafter referred to as “the Apparatus”) short particulars of which are set out in the Section Two of Form SWL2 hereto and to maintain repair and reinstate the Apparatus and break open and have access to the Highway for those purposes upon the terms and subject to the conditions hereinafter specified and subject also to the relevant conditions and provisions contained in Schedule 3 of the said Act and the Licensee hereby accepts the Licence upon and subject to the said terms conditions and provisions.