What is a Section 58 restriction?
A section 58 restriction, under the New Roads and Street Works Act 1991, allows a local authority to protect streets following the completion of substantial works. The aim is to prevent the new reinstatement being excavated by other works promoters and successive works from taking place in the same location.
Substantial works for this purpose are defined as: Works for Road Purposes which comprise a reconstruction, widening, alteration in the level, resurfacing or specialist non-skid surface dressing of the part of the highway concerned.
Statutory Undertakers are notified three months in advance to give them the opportunity to complete any planned or necessary works prior to the substantial roadworks being carried out by the Street Authority or their representatives. This process promotes improved works planning, prolongs the life of the road and helps to minimise disruption to road users.
Different periods of restriction apply depending on the type of work completed and the reinstatement category of that street, restriction durations can range from six months to five years.
In force Section 58 restrictions
Proposed Section 58 restrictions
Works during a restriction
Works can only be undertaken during a restriction if the works fall within the category of exempt works or with the Street Authority’s (Suffolk County Council’s) consent. Promoters should be prepared to discuss their proposed works, and the reason for exemption, with the authority prior to submitting a permit.
Exempt works and reduced restrictions
- works that do not involve the breaking up or excavating of the highway
- a new service or supply to a customer
- immediate works i.e., burst water main, gas escape or loss of power
- works to comply with either an improvement notice or prohibition notice issued by the Health and Safety Executive under sections 21 or 22 of the Health and Safety at Work Act 1974
- works carried out under regulation 16(3)(b) of the Gas Safety (Installation and Use) Regulations 1998
- works carried out to comply with a programme approved under regulation 13A of the Pipelines Safety Regulations 1996 that could not have been identified before the restriction began.
If a request is received for a new customer connection, and it's not possible to carry out the works before the restriction comes into force, the works must not be undertaken for at least 20 working days (date restriction commences plus 19 days) following the completion of the substantial works.