Street Works Licence New Roads and Street Works Act, 1991 (NRSWA) - Section 50

Apparatus is defined as any structure for the lodging therein of apparatus or for gaining access to apparatus (Section 164 NRSWA). A Street Works Licence can be issued for works such as sewer connections, private water supplies or for the installation of ducts.

Installing apparatus without a Street Works Licence is an offence unless it is in pursuance of a statutory right or a Street Works Licence and may result in enforcement action being taken by the street authority (Suffolk County Council).

The New Roads and Street Works Act 1991 is the primary source of legislation governing Street Works Licences and the associated procedures. Applicants should refer to the whole of part 3 of the Act with particular attention given to Section 50, 51, Schedule 3 and the notice requirements outlined under Section 55, prior to applying for a Street Works Licence.

This information can be found on government legislation website.

The Street Works Licensee must be the owner of the land that the apparatus will run with and benefit. Suffolk County Council will not grant a Street Works Licence to a third party who may have been appointed to install and maintain the apparatus on behalf of the landowner.
Those applicants not familiar with the requirements of NRSWA are advised to appoint a contractor with the appropriate knowledge and accreditation to assist with the application and to conduct the works on their behalf.

If you are unsure whether the proposed location of the apparatus is classed as a public highway, please visit Council maintainable routes, public highways and private roads | Suffolk County Council

If a longitudinal route (along the line of a street and not across) is proposed, please email na.section50@suffolk.gov.uk prior to applying for a Street Works Licence.

IMPORTANT:

• A Street Works Licence does not grant permission to occupy the highway for the purpose of installing or maintaining the apparatus. No works can commence in a public highway until the road space is booked and confirmed by Suffolk County Council. Any works carried out or apparatus placed in the highway before the Street Works Licence has been issued or Road Space Booking confirmed, may be subject to enforcement action by the street authority*.
• If the necessary statutory duties and licence conditions are not met, the licence holder may incur financial penalties.

*If the works are needed due to a safety issue requiring immediate attention, please contact Network Assurance as soon as possible.

Once a correct application and all required information is received, a minimum period of 6 weeks should be given to allow for the Street Works Licence process to be undertaken.

Road space booking can only be applied for once the Street Works Licence is granted; the notice periods required for road space booking are in addition to the licence processing time.

A site meeting may be required as part of the application process.

If a Temporary Traffic Regulation Order (TTRO) will be required to carry out the installation safely, a notice period of three months will be necessary -Network Assurance may agree to a shorter notice period in some circumstances.

A Temporary Traffic Regulation Order (TTRO) will be required for one or more of the following:

• to temporarily close a road
• to implement a temporary or to suspend an existing one-way restriction, banned turn or prohibition of entry
• to implement a temporary speed limit
• to implement or suspend a temporary weight/width restriction; or
• to Implement or suspend a temporary waiting restriction.

Note: This list is not exhaustive

Please visit Apply for a temporary road closure or restriction | Suffolk County Council for further information.

If your application is in respect of installing a new service to a property (or properties) and other services will also be required to be installed by other parties and/or highway improvement works (i.e., Section 278) which would further impact the highway, it is expected that you will co-ordinate all works to be carried out in collaboration, wherever possible, to minimise disruption to the highway network.

Please refer to Planning and development advice | Suffolk County Council for further information, before applying for a Street Works Licence.

Please read the below information before completing the Section 50 Streetworks Licence application form.

The Licence Fee

• The licence fee of £1,400 will cover the first 200m of apparatus in a public highway
• For each additional 200m (or part thereof) of apparatus installed, there will be a further free of £450 (e.g for a 630m apparatus installation, a fee of £2,750 will be charged. This is : £1,400 + £450 + £450 + £450 = £2,750.
• For a street works licence issued in retrospect, an additional fee of £500 will apply.

The above fees cover administration expenses and capitalised payment in lieu of the annual fee for administering the Licence recoverable under Schedule 3 Section 2b of the New Roads and Street Works Act 1991.

Other fees and charges

Additional site meeting

If an additional site meeting is required, either before work commences or whilst the works are in progress, a fee of £350 will be applicable.

Return to site

If a return to site will be required to carry out additional works, a road space booking fee of £200 will be applicable.

Site inspections

The New Roads and Street Works Act 1991 gives undertakers, including the holders of Street Works Licences, responsibility, under Section 65, for signing, lighting and guarding and, under section 71, for reinstating the street to the prescribed requirements on completion of their works. It also gives street authorities the power, under section 72, to inspect, investigate and report on undertakers’ works and reinstatements as well as powers under sections 65 and 72 to take such steps as appear necessary to remove dangers these may cause to users of the street.

Reinstatement

All reinstatements of the public highway must be carried out by suitably accredited operatives and in accordance with the standards outlined in the ‘Specification of the Reinstatement of Openings in Highways’ (SROH). If once works are completed, a reinstatement defect is found within the guarantee period (2 or 3 years following works completion depending on excavation depth), the licensee and their chosen representative will be notified, and remedial action will be required. A fee will be applicable to return to site to carry out works to rectify the defect. Please refer to the SROH for reinstatement specification standards.

Inspection fees

Should a reinstatement defect be found on a site within the guarantee period either, through a routine inspection or as a result of a Third-Party Report being submitted to Suffolk County Council.

The following inspection fees will apply:

Defects issued on or before 2 April 2023

• £47.50 for each subsequent visit to site, following the initial defect notification, until the defect is rectified to the satisfaction of the street authority. A further fee will be charged if the remedial works are inspected whilst in progress and for the remedial works pass inspection

Defects issued on or after 3 April 2023

• £120 for each cycle of follow up defect inspections (a cycle may consist of the initial inspection which resulted in a defect being issued, inspection carried out during the remedial works and an inspection carried out following the works if the remedial works if the inspection results in a pass.
• Should the remedial works not be carried out within the agreed period a second inspection cycle will commence incurring a further fee of £120

Unless otherwise agreed by Suffolk County Council, failure to rectify defects within 31 working days from the date of defect notification may result in legal action being taken.

• The Road Space Booking form must be submitted for a return to site to carry out remedial works (this will be sent to you for completion as required).
• Road spaced booking fee for a return to site: £200.

Please note: The Licensee, as the owner of the apparatus, is responsible for arranging the rectification of any defects found following reinstatement. Should the street authority have to take remedial actions they may recover any reasonable costs incurred from the Street Works Licensee.

Street Works Licence for apparatus placed in the highway (NRSWA S50)

If your application is successful, a payment request email will be sent out to advise on the total fee payable and how payment can be made.

Payment can be made online, by BACS, bank transfer or by credit card. Unfortunately, we no longer accept cheques for payment of a Street Works Licence or any associated charges and fees.

Please do not attempt to make payment until you receive your payment request email as you will require the reference details (e.g., NRSWA-S50-SWL00010).

If you receive an error when attempting to make payment, please try an alternative web browser before contacting us.

To make payment by credit card via our website, please click on the link below:

Once a Street Works Licence has been granted the road space booking form will be sent out for completion. No works in pursuance of a Street Works Licence can commence in the public highway until the road space booking confirmation is received from Suffolk County Council*.

*If the works are needed due to a safety issue and immediate attention is required, please contact Network Assurance as soon as possible.

Appropriately qualified professionals will need to be appointed to:

• install the apparatus
• reinstate the highway in accordance with the ‘Specification of the Reinstatement of Openings in Highways’ (SROH).
• provide the traffic management during the works.

Works carried out under a street works licence must be undertaken by operatives and supervisors with the necessary accreditation required by the New Roads and Street Works Act. An accredited supervisor must supervise the work, and at least one accredited operative must be on site at all times when the works are in progress. N.B this cannot be the same person.

Consultation with a Network Inspector may be required prior to road space being booked and a site meeting may be necessary.

If a road closure or other restriction is needed to complete the works safely, a Temporary Traffic Regulation Order (TTRO) application form will need be to be submitted with your completed road space booking form to na.section50@suffolk.gov.uk. An additional fee will apply, and a notice period of 3 months will be required (a shorter notice period may be agreed in some circumstances). Visit Apply for a temporary road closure or restriction | Suffolk County Council for further information.

Note: A Traffic Management plan (showing closure points, diversion route and signage) from an accredited traffic management supplier will need to be submitted with your application.

Dates for installation

We strongly recommend that you give as much notice as possible and visit Roadworks in Suffolk | Suffolk County Council to check for road space availability, when considering the dates for installation.

Minimum notice periods for a road space booking

Please note: Dates are subject to co-ordination approval and the requested dates may not be possible due to other planned works in the vicinity. Suffolk County Council reserves the right to request changes to the dates of works once booked to avoid conflict on the highway network.

The Street Works Licensee and their chosen representative/contractor are required to act in accordance with all relevant legislation and codes of practice in carrying out the works on the highway and must adhere to the requirements as specified in the Street Works Licence and the Road Space Booking confirmation.

Failure to do so may result in works being stopped and road space booking being revoked.

Notices

Once you have booked your road space you will be required to notify us of the following:

• When works commence on the public highway
• When works complete
• Your reinstatement registration

Works start and stop

You must tell us when your works commence and when they end (these must be the dates as agreed on your road space booking confirmation unless otherwise agreed).

You are required to notify us within 2 hours of works commencement and works completion.

Delays and extensions

If there is any delay in starting your works on the agreed date you must contact us at the earliest opportunity – Note that a delayed start does not mean that you will be able to work past the agreed end date.

Extensions will only be granted in exceptional circumstances and contact must be made with us as soon as possible at na.section50@suffolk.gov.uk

Registration

All reinstatements of the highway must be registered on completion of the works, a registration form will be issued and this must be submitted within 10 working days of works completion.

Commencing works before your agreed start date or working past the end date of your permit, without the street authority’s permission, may result in charges and fines being levied.

Failure to notify us of your start, stop and registration within the required time frame may result in the licence holder incurring financial penalties.