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

Information on applying for a Street Works Licence (Section 50 – NRSWA) - Suffolk County Council.

When is a Street Works Licence required?

Utilities have statutory powers to install apparatus in a public highway (verge, footway and carriageway), any other company or individual who wishes to install and thereafter repair, alter, adjust or renew apparatus will need to apply for a licence under Section 50 of the New Roads and Street Works Act 1991 (NRSWA).

Apparatus in the Highway

Apparatus is defined as any structure for the lodging therein of apparatus or for gaining access to apparatus (S.164 NRSWA). A Street Works Licence can be issued for works such as sewer connections, private water supplies, trial holes and boundary wall foundations. Carrying out such works without a licence is an offence and may result in prosecution.

NRSWA is the primary source of legislation governing street works licences and associated procedures. Attention should be given to the whole of part 3 of the Act in addition to Section 50 and Schedule 3 and the consultation requirements outlined under Section 55. Please ensure that these parts of the Act are referred to and understood prior to applying for a licence. This information can be found at www.legislation.gov.uk

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

Applying for a Street Works Licence

Those applicants not familiar with the requirements of this legislation are advised to appoint a contractor with the appropriate knowledge and accreditation to help with this application (and to conduct the works on their behalf). Non-compliance with any requirement of the New Roads and Street Works Act 1991 (NRSWA) may result in severe financial penalties.

Only applications signed and submitted by the proposed licence holder (not the contractor carrying out the works) will be accepted.

IMPORTANT: The Street Works Licence does not give you permission to occupy the highway for the purpose of installing or maintaining the apparatus. No works can commence until the road space is booked (unless exceptional circumstances apply*) to do so without the street authority’s permission will be classed as illegal obstruction of the highway and may result in prosecution.

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

How long does it take?

Once all the required information is received, we will require a minimum of 6 weeks to process a Street Works Licence.

If a Temporary Traffic Regulation Order (TTRO) will be required to carry out the installation, a notice period of three months will be required. 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 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

Application

To apply for a Street Works Licence please complete the Section 50 Streetworks Licence application form.

Suffolk County Council will only accept applications submitted by the person who will be the owner of the apparatus, this will be the person who will hold the Street Works Licence). The licensee is the person/company who will be responsible for the apparatus for the duration of the licence or until the apparatus is adopted by a statutory undertaker.

Those applicants not familiar with the requirements of The New Roads and Street Works Act, 1991 (NRSWA) are strongly advised to appoint a contractor with the appropriate knowledge and accreditation to assist with your application (and to conduct the works on their behalf).

Please note: We do not accept postal applications or cheques - Please do not make any payments until requested to do so.

You will need to supply the following information with your application form:

  • A plan of the exact location of where the apparatus is proposed to be installed (indicated by a broken red line). This should include: 1. Plan number, 2. The route of the apparatus marked in red, 3. Road names, 4. Identifying landmarks on the ground, (i.e., property numbers, names of civic buildings etc.)
  • Site location plan showing boundary of the site to benefit from the apparatus (marked in red)
  • Copies of Street Works Cards for the Operative and Supervisor (front and back) – these must evidence the appropriate certificates to carry out the works in pursuance of the Street Works Licence
  • Copy of Contractors ‘Public Liability Insurance’ - minimum cover of £5,000,000
  • If the apparatus will be adopted by a statutory undertaker within 5 years – written confirmation of adoption by the relevant Statutory Undertaker
  • If apparatus is for connection to a mains sewer, please submit the Section 106 connection agreement from the Statutory Undertaker
  • Proof of ownership of the property that the apparatus will run with and benefit - Title documents and plan from land registry
  • If the licence is for works associated with a S278, S38 or S228 works please provide supporting documentation of the agreement.

Please ensure that all sections are the application form are completed and that all required supporting information is submitted, failure to do so will delay your application being processed.

Please send your completed application and any enquiries to na.section50@suffolk.gov.uk

Fees and charges

The Licence Fee

The Licensee shall pay the Street Authority in connection with the grant of the licence in respect of administration expenses, 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 and chargeable inspection fees, per unit of inspection.

  • Apparatus will be adopted by a statutory undertaker within 5 years of licence issue - £1,165
  • Apparatus will not be adopted by a statutory undertaker - £1,290

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 £300 will be applicable.

Defects

The New Roads and Street Works Act 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 and powers under sections 65 and 72 to take such steps as appear necessary to remove dangers these may cause to users of the street.

All reinstatements of the public highway must be carried out according to the standards outlined in the ‘Specification of the Reinstatement of Openings of Highways’ May 2020. If a reinstatement defect is found and remedial works are 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 requirements. A defect inspection fee will also be applicable, once the defect has been rectified to the required standard.

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: £180
  • Defect inspection fee: £47.50

Please note: The licensee, as the owner of the apparatus, is responsible for arranging the rectification of any defects found following reinstatement.

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

Please do not make any payments until you are requested to do so.

When entering your S50 reference number, please add 00 before the given 5 digit number. For example, NRSWA-S50-0011111.

We recommend you do not use Internet Explorer to access our payment system, as you may experience more issues compared to other web browsers.

Pay for a S50 licence online

Other ways to pay

Payment can be made via the following methods.

Once an application has been received and we have allocated a reference number:

By BACS to Suffolk County Council:

  • Sort code 30 00 00
  • Account 00293148, or

By bank transfer to Suffolk County Council:

  • Sort code 30 00 02
  • Account 01305978, or
  • by credit card via our website

Road space booking (Carrying out the installation)

The Street Works Licence does not give you permission to occupy the highway for the purpose of installing or maintaining the apparatus. No works can commence until the road space is booked (unless exceptional circumstances apply*) to do so without the street authority’s permission will be classed as illegal obstruction of the highway and may result in prosecution.

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

Once the licence is issued you can then book the road space to carry out the works. If you haven’t done so already you will need to employ appropriately qualified professionals to install the apparatus, reinstate the highway, and provide the traffic management during the works. Consultation with a network inspector may be required prior to confirmation of the road space booking (this may involve a site meeting).

To book road space you will need to complete the Street Works Licence Road Space Booking form and provide the following information:

  1. Location plan clearly showing the exact area of works
  2. Copy of the Supervisors ‘Street Works Qualification Card’ – both front and back
  3. Copy of the Operative ‘Street Works Qualification Card’ – both front and back
  4. Copy of Contractors ‘Public Liability Insurance’ - minimum cover of £5,000,000

If a road closure or other restriction is needed to complete the works safely, you will need to complete a TTRO application form. A notice period of 3 months will be required although Network Assurance may agree to a shorter notice period in some circumstances.

The Road Space Booking form along with further guidance will be sent to you once a Street Works Licence has been issued.

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

Works category Duration Network Assurance notice period

Minor works notice
Works that do not require a TTRO

1-3 days duration 5 working days

Standard works notice
Works that do not require a TTRO

4-10 days durations

13 working days
Major works notice

Works with a duration of 11 days or more, or
works of any duration, that will require a TTRO

3 months (a shorter notice period may be agreed in some circumstances)

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.

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, quoting the works reference and licence reference.

Registration

All reinstatements of the highway must be registered on completion of the works at either an interim or permanent status. This must be done within 10 working days of works completion.

Commencing works before your agreed start date or working past the end date of your permit, without our 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 a Fixed Penalty Notice being issued.