Consent to execute works in a road - new roads and streetworks (section 109 permit)
Anyone (including Utility Infrastructure Providers) wishing to install new apparatus in the public road, must obtain the consent of the Roads Authority.
There are a number of conditions that will need to be met before the application will be agreed, mainly in relation to traffic management complying with the Safety at Street Works and Road Words Code of Practice.
Permission will only be granted when Public Liability Insurance and Statutory Undertakers apparatus details are provided among other issues.
Under the terms of Section 107 and 134 of the Act, the Roads Authority has a right to charge for inspections of the works, which have been given permission under Section 109. Inspections can be done at defined stages of the works as follows:
- Category A - inspection undertaken during progress of the works
- Category B - inspections undertaken within six months following interim or permanent reinstatement
- Category C - inspections undertaken within three months preceding the end of guarantee period (24 months or 36 months for excavations deeper than 1.5 m)
The basic inspection fee of £278.50 covers all three categories.
The fee, or any part thereof, is non refundable once works have commenced where permission has been granted. Should the works not commence for any good reason where permission has been granted or if permission is refused, then the inspection fee will be refunded in full.
Additional inspection fees and costs
Please note that under Section 131 of the Act, the Roads Authority may undertake Investigatory works as appears to them to be necessary to ascertain whether or not the works comply with the appropriate requirements of the Act and its various Codes of Practice and Specifications. Should these investigations reveal that the works do not comply, then the Roads Authority may charge for these works and for additional inspections at the following stages:
- at a joint inspection to determine the nature of the failure and agree remedial works
- at an inspection of the remedial works in progress
- at an inspection when the remedial works are complete
These additional inspections are currently charged at £36 per inspection and where appropriate, the applicant will be invoiced for any such additional fee(s). The cost of any Investigatory works will be the Roads Authorities reasonable costs to undertake such things as coring or trial-holes etc. These reasonable costs will be invoiced to the applicant and will include general staff costs and overheads.
Also under the terms of Section 131 of the Act, should agreed remedial works not be undertaken within a reasonable timescale as defined by the Roads Authority, and indicated on a "Notice of Failure", then the Roads Authority may carry out the necessary works and recover the costs reasonably incurred in doing so from the applicant. Similarly, the reasonable costs incurred by the Roads Authority in attending to dangers associated with the works may be recovered from the applicant. In exceptional circumstances, this can be done without giving notice of intent to the applicant, agent or contractor and could extend to instructing the contractor to leave the site.
1. Name and address of applicants
The applicant must either be the owner of the property/premises to which the apparatus relates, or the owners representative.
2. Purpose of proposed works
Please state the purpose of the proposed works e.g. lay sewer service connection, lay irrigation pipe etc.
3. Location of proposed works
Please be as precise as possible giving road name and route number (if known) including town or village name and adjacent house names or numbers. In the case of new roads give as much information as possible about adjacent or nearby roads. Please also state whether excavations will affect the verge, service strip, footway, carriageway or a combination of these.
Please note that if the road in which the works are proposed to be carried out is not a public road, (ie not the responsibility of Angus Council for maintenance purposes) then permission will be required from the road manager or the persons responsible for that road.
4. Commencement date and duration
Under the terms of the New Roads and Street Works Act 1991 Part IV Section 109, the Roads Authority has a duty to give not less than 10 working days notice to any other Authority or person who may be responsible for a structure in the road, or have plant or equipment in or under the road, that could be affected by your proposed works. In consideration of this, the time required to process your application, and since you will be required to liaise with undertakers before commencing work, please apply at least 15 working days (excluding Public Holidays) prior to the intended commencement date for the works. However you must be aware of the implications of standard conditions 4, 6, 7, 8 & 9 on the proposed commencement date where these conditions apply.
Certain roads are classified as Traffic Sensitive, or having Special Engineering Difficulties, under the terms of the Act. If your proposed works are on one of these roads it will be necessary to extend the minimum time between receipt of your application and the intended commencement date. It may also be necessary to agree alternative construction methods or specifications with you. You will be advised if these circumstances will apply and you must bear this in mind when planning your works. It is essential that, well in advance of making an application, you make yourself aware of all these details and other details relating to traffic management, etc. It is therefore essential to discuss all aspects of the proposed works by contacting the Roads Authority.
5. Details of proposed works
Since the Roads Authority has a duty to record the location of any apparatus laid in or under the road pursuant to Section 109, you must provide plans to support the application preferably in an electronic format (CAD / GIS) otherwise three hard copies of such plans to a scale, (ideally 1/500). These will be retained by the Roads Authority and one copy may be returned to show the location of the Roads Authority apparatus if applicable. They must show accurately where the apparatus will be laid in relation to the existing road layout and road features for example street lighting columns, pelican crossings etc.
Qualifications of Operatives and Supervisors Under the terms of Section 126 of NRSWA 1991, the applicant must ensure, except as otherwise prescribed, that works involving excavation in, or boring under, a road are supervised by a person having a prescribed qualification as a supervisor, and that there is on site at all times, when the works are in progress, at least one person having a prescribed qualification as a trained operative
Applicants must provide details of current Public Liability Insurance with minimum indemnity cover of £5M.
8. Letter of comfort
You must supply a Letter of Comfort that the cable/pipe to be installed from the utility company that the cable/pipe to be installed will eventually be vested in that utility company within the next 12 months.