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Form SWL1

 

Tameside MBC Technical and Property Services

 

New Roads & Street Works Act 1991
Section 50 Street Works Licence

 

Notes For Guidance For Applicants

  1. Application forms should be returned to: 

    Lauren Redfern Tameside MBC
    Technical Services
    Engineering Operations Room 5.29
    Council Offices
    Wellington Road
    Ashton-under-Lyne
    OL6 6DL
    Tel 0161 342 2946

  2. The person granted a Street Works Licence becomes an Undertaker for the purposes of the New Roads & Street Works Act 1991 and therefore attracts the relevant duties and responsibilities imposed by the Act and associated Secondary Legislation And Codes of Practice.
     
  3. Financial penalties may arise to the licence holder for non-compliance with the relevant statutory duties or licence conditions. Applicants should note that this liability cannot be delegated to any other person or organisation.
     
  4. The requirements to obtain a Street Works Licence applies to any person or organisation (other than anyone acting under a statutory right) who wishes to place, retain and thereafter inspect, maintain, adjust, repair, alter or renew apparatus, or change its position or remove it from the Highway. This does not negate the need to obtain any necessary permission of any other person affected, such as highway frontagers.
     
  5. The term apparatus includes drains, cables, ducts, sewer pipes, water and gas pipes etc. both under and over, across, along or upon the highway.
     
  6. New Apparatus

    Form SWL2 (Application for Placing New Apparatus in the Highway) (0.56MB) must be completed by the applicant for authorisation to place and retain apparatus in the highway, and this must be submitted to the Street Authority with: -
     
    1. 2 copies of a scale plan at 1/500 of the proposed location of the relevant apparatus marked by a red broken line. The plan should also show depth and size of the apparatus where possible.
       
    2. Proof of Public Liability Insurance. This must provide a minimum £10 million cover and be maintained from the commencement of the works on the highway, up to the completion and acceptance by the Street Authority of the permanent reinstatement.

      Ongoing indemnity must be provided for the Street Authority by the Licensee against any claim in respect of injury, damage or loss arising out of:
       
      1. The presence in the street of apparatus to which the licence relates, or
      2. The execution by any person of any works authorised by the licence
         
    3. Payment in advance of: -
       
      1. £200.00 Capitalised fee in lieu of annual charge
      2. £287.00 inspection fees (including admin charges)
        Total £487.00
         
    4. Copies of relevant service plans obtained from the Statutory Undertakers.
       
    5. Copies of Street Works accreditation for supervisor and operatives.
       
  7. Existing Apparatus

    Form SWL3 (Application for Consent to Work on Existing Apparatus in the Highway) (0.56MB) must be completed by the applicant for consent to work on existing apparatus in the highway, and this must be submitted to the Street Authority with: -
     
    1. 2 copies of a scale plan at 1/500 of the proposed location of the relevant apparatus marked by a red broken line. The plan should also show depth and size of the apparatus where possible.
       
    2. Proof of Public Liability Insurance. This must provide a minimum £10 million cover and be maintained from the commencement of the works on the highway, up to the completion and acceptance by the Street Authority of the permanent reinstatement

      Ongoing indemnity must be provided for the Street Authority by the Licensee against any claim in respect of injury, damage or loss arising out of:
       
      1. The presence in the street of apparatus to which the licence relates, or
      2. The execution by any person of any works authorised by the licence
         
    3. Payment in advance of: -

      £270.00 inspection fees (including admin charge)
       
    4. Copies of relevant service plans obtained from the Statutory Undertakers.
       
    5. Copies of Street Works accreditation for supervisor and operatives.
       
  8. A Street Works Licence to place apparatus or Consent to Work on existing apparatus in the highway will only be granted to the owner(s) of the apparatus or his Successor in Title. Owners should note their statutory duty to secure that the apparatus is properly maintained at all times.

    Applicants should note that the licence remains valid unless it is withdrawn by the Street Authority, or surrendered or in any other way parted with by the Owner, in which case the Street Authority must be informed.
     
  9. In order for the Street Authority to comply with its statutory duty, all applications must be submitted at least Three Months in advance of commencement of the proposed works, where they are of 11 days or greater duration (a shorter notice period may be agreed by the Street Authority in conjunction with the other Undertakers likely to be affected), or at least Ten Working Days in advance where they are of 10 days or less duration. The application form must be signed by the owner of the existing or proposed apparatus.
     
  10. Applicants should note that special conditions may be imposed by the Street Authority: -
     
    1. In the interests of safety
       
    2. To minimise the inconvenience to persons using the street, having in particular regard to people with a disability.
       
    3. For Traffic Sensitive Streets, Streets with Special Engineering Difficulties and Protected Streets.
       
    4. To protect the structure of the street and the integrity of the apparatus in it.
       
    5. To co-ordinate other Street Work activities.
       
      NB. The applicant must strictly adhere to these conditions.
       
  11. The Licensee must give Ten Working Days notice of the intended starting date to the Street Authority.
     
  12. The Licensee must permit the Street Authority to monitor his performance throughout all stages of street works. These are:
     
    1. Undertaken during the progress of the works
    2. Undertaken within the six months following interim or permanent reinstatement
    3. Undertaken within the three months preceding the end of the guarantee period
       
  13. The licensee must inform the Street Authority of the completion of the reinstatement by the end of the following working day (being 08:00hrs to 16:30hrs any day except weekend or bank holidays), stating whether it is interim or permanent. If an interim reinstatement is carried out this must be made permanent within 6 months.
     
  14. The attention of the Licensee is also drawn to the following:
     
    1. The Code of Practice ‘Specification for the Reinstatement of Openings in Highways’ which details requirements for backfilling and reinstatement.
       
    2. The Code of Practice ‘Safety at Street Works and Road Works’ which gives specific guidelines on the safe signing, lighting and guarding of temporary works on the Highway.
       
    3. The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992, which sets out the criteria of qualifications for persons excavating in the Highway.
       
    4. All apparatus should be laid in compliance with the National Joint Utilities Group Publication No.7.
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