Consent to execute works in a road - vehicle access (section 56 permit)

Anyone planning to excavate a road or pavement for vehicle access must apply for a section 56 permit.

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.

Fees

 

From 1 April 2021:

  • £142.75 road opening (domestic vehicle access)
  • £278.50 road opening excavations
Guidance
  1. Failure to comply with the requirements of Roads (Scotland) Act 1984 Section 56 constitutes an offence which may result in prosecution and a fine.
  2. Permission will not be granted to install any apparatus which will become the responsibility of a Statutory Undertaker (Utility Company).
  3. Section 56(2) puts a duty on the Roads Authority to inform the applicant of those statutory undertakers whose apparatus is, in their opinion, likely to be affected by the Works.   The applicant must do this by using the Plant Information Request service provided by Symology – call 01324 682170 for further details.
  4. The applicant shall, be responsible for ascertaining the exact position of Statutory Undertaker’s plant likely to be affected and the applicant is required to request written confirmation that plant is not affected before excavating.
  5. Work shall be carried out in accordance with the current Angus Council Roads Development Guide and the New roads and Street Works Act 1991 and in the case of works involving excavation the Specification for the Excavation and Reinstatement of Openings in the Highways – A Code of PracticeNote: Many applicants will not be familiar with the Specification for the Excavation and Reinstatement of Openings in the Highways and in the meantime site specific details can be provide by Angus Council on request.
  6. All works shall be carried out to the satisfaction of Angus Council. The applicant is required to give a least 10 days’ notice of his intention to commence works (for co-ordination purposes).  In cases where the works are to take place on ‘Traffic Sensitive Roads’ the notification period is extended to one month (details of ‘Traffic Sensitive Roads are available from Angus Council).
  7. The applicant MUST inform Angus Council in writing, within 24 hours of the completion of the works; as only written notification will activate the start of the two year guarantee period (three years for deep excavations).  The applicant will remain responsible for all reinstatements during the maintenance periods.
  8. This permission does not exclude the applicant from obtaining any other permission which may be required, for example planning permission, permission to connect to a drainage / water system or to form a vehicular access.
  9. This permission does not carry with it the right to deposit a builder’s skip or building materials on the road or erect staging or scaffolding within the road. Separate permission must be obtained from Angus Council under the terms of the Roads (Scotland) Act 1984. Visit our skip permit page for information and to apply.
  10. The applicant shall indemnify Angus Council, as Roads Authority, from and against all actions, claims, demands, costs, charges, damages, losses and expenses, of whatsoever kind or nature, which may be brought or made against them in respect of the negligence, omission or default of the holder of this permission or those to whom the holder is responsible arising in respect of any operation authorised by this consent unless due to the negligence or other breach of legal duty on the part of the council or of any person for whom the council are responsible. Therefore we suggest that the applicant should be the contractor appointed to carry out the works.
  11. The contractor who will be carrying out the work MUST provide proof of current Public Liability Insurance cover to the value of £5 million for each event to cover the council.
  12. Qualifications of Supervisors and Operatives  - whilst works are taking place there must be one person on site holding NRSWA accreditation as a supervisor and at least one other person holding NRSWA accreditation as an operative. Each application MUST be accompanied by proof of relevant accreditation for the staff who will be on site. Proof of accreditation may also be asked for during any site inspections carried out whilst the work is undergoing.
  13. The applicant will be responsible for providing traffic & pedestrian safety measures in accordance with the Safety at Street Works and Road Words Code of Practice.
  14. Where a road closure is required a further application will be required. Please note that the lead in time to promote a Road Closure is 28 days. Visit our roadworks and applying for road closure page for more information.
  15. Angus Council must be consulted to agree detailed, site specific arrangements at least two working weeks prior to commencement of work on site.
  16. Further Terms and Conditions may be attached to the permission – please read these carefully before commencing any work on site.