When is a Street Works Licence required?
Utilities such as Anglian Water, Cadent Gas Ltd and UKPN have statutory powers to install apparatus in a public highway (i.e., verge, footway or carriageway), any other company or individual wishing to install and thereafter repair, alter, adjust or renew apparatus in a public highway will need to apply for a Street Works Licence under Section 50 of the New Roads and Street Works Act 1991 (NRSWA).
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.
Applying for a Street Works Licence
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
Longitudinal apparatus route
If a longitudinal route (along the line of the carriageway and not across) is proposed, please email email@example.com prior to applying for a Street Works Licence.
- 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.
How long does it take?
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.
New dwellings, housing developments and commercial developments
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.