Street Works
Administration of Street and Highway
Works Notices
For those involved in the
planning and administration
of street works notices
Contents
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Background & basics
What to Check before Sending the notice
What type of notice to send
Notice periods and sequence
What information is required on the initial notice?
Works completed - what happens next?
Fixed Penalty Notices (FPNs)
Permit Schemes
And finally....
Q&A and Quiz.
Background & Basics
Based on the New Roads and Street Works Act 1991
Who & What?
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Works Promoter – Anyone undertaking works
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Highway Authority – An Authority undertaking ‘road works’
in order to maintain or improve a road
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Street / Traffic Authority – An Authority with duties to
coordinate
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Utility Company / Statutory Undertaker – A company that
undertakes ‘street works’ on it’s apparatus using statutory
powers
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Highway – Any part of the road, footpath, footway, verge
and cycleway
Why issue notices?
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It is a vital component of the co-ordination process
It is a statutory requirement for many works types
It standardises the data format
It enables emergency notices, which can prompt the
emergency procedures of other organisations
It triggers the inspection regime & the reinstatement
guarantee
It records who has worked at a particular location
It facilitates charging regimes
It is an essential element of the authority’s duty for
keeping a register
When a notice is needed
Registerable (notifiable) works include:
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Street Works – (Utility Company works)
work on plant and apparatus in the street
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Works for Road Purposes – (Highway
Authority works) - maintenance and
improvement works to the road itself,
utility works for street lighting
When a notice is needed
Works promoters must register, or notice, all works that:
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Involve the breaking up or resurfacing any street
Involve opening the carriageway or cycleway of trafficsensitive streets at traffic sensitive times
Require any form of temporary traffic control as defined
in the Code of Practice for Safety at Street Works and
Road Works
Reduce the lanes available on a carriageway of three or
more lanes
Require a temporary traffic regulation order or notice, or
the suspension of pedestrian facilities
Require a reduction in the width of the existing
carriageway of a traffic sensitive street at a trafficsensitive time
Notice not required when......
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Traffic census surveys
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Pole testing involving excavation (rules apply)
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Core holes - not exceeding 150 mm
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Road markings
Where to send a notice?
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Notices for works on publicly maintainable
streets go to the Street Authority
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Notices for works on private streets go to
the ‘street manager’ or all the frontagers
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Some streets may have an ‘interested
organisation’ registered on the gazetteer
How are Notices Sent ?
Electronic Transfer of Notices (EToN)
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Files are transferred almost instantaneously
from the promoter to the authority via the
internet
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Most IT systems will not allow invalid notices to
be created or sent
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If the format is OK then the file is allowed ‘in’ at
the receiving system where a more thorough
checks are made on sequence and content. If
the sequence or content are wrong then the
receiving organisation may reject the file
How are Notices Sent ?
‘Paper Notices’
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Not generally permitted under the current
legislation – All notices must be sent via EToN
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Only used if IT systems have failed. (Street
Authority or Statutory Undertaker)
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All data sent via ‘paper’ notices must still comply
with the sequence and content requirements
How are Notices Sent ?
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Delivery of the notice is the responsibility of the
sender.
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An electronic ‘receipt’ of delivery is still no
guarantee that the notice is accurate and on
time
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Accuracy of the notice is the responsibility of the
promoter
Questions ?
What to Check
Before Sending the
Notice
Things to Check First
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The National Street Gazetteer (NSG) for
the Unique Street Reference Number
(USRN) and Associated Street Data
(ASD).
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The promoters own records for details of
any S58 / S58A protection
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One notice for each street works activities
are taking place in
The Gazetteer
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Authorities maintain a gazetteer which lists ALL streets
in their area which is available to all works promoters.
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All streets will have a USRN - Notices must be served
using the USRN for the street ON WHICH THE ACTUAL
WORKS WILL TAKE PLACE, One Street – One notice)
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The gazetteer also contains vital information which will
affect the timing and content of a notice. This information
is called Associated Street Data (ASD)
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Interested Parties – TFL, ORN or Network Rail as
examples
Associated Street Data (ASD)
ASD should include as a minimum;
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Protected Streets
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Traffic Sensitivity
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Special Engineering Difficulties – S.88
requirement to consult with Bridge Authority
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Reinstatement category
Traffic Sensitive Streets
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Streets subject to special controls.
Designation procedures allow for attention
to be focussed on particularly sensitive
streets. Traffic-sensitive streets are
especially important in this context. See
chapter 5 in the CoP.
A S D (continued)
Other key data included in the ASD is as follows;
 The presence of any structures (non bridges)
 Level crossings
 Environmental factors (RVEI’s, SSSI’s etc)
 Special surfaces (Anti skid, coloured surfaces etc)
 Oil & gas pipelines (Data provided by asset owner)
 Priority lanes (Buses & Cycle Lanes)
 Strategic routes
 Parking restrictions
 Pedestrian Crossings
 Special events
 Special construction needs
 Early notification of immediate works – Phone authority
Check For Restrictions
An authority may place restrictions on further works
following major utility or authority works
(S58 & S58A of NRSWA)
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Such restrictions prohibit any non emergency or connection
works for the following durations following the major works;
New Roads & Reconstructed Roads
Resurfaced Roads
Other Works
5 Years
3 Years
1 Year / 6 Months
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Non emergency works MUST be authorised by the authority
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S58 is designed to encourage works promoters to combine
works
Examples of a “S58” warnings…
Questions ?
What type of notice to
send
Forward Planning Notice
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Non mandatory notice
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The sooner a Forward Planning notice can be submitted
to the Street Authority the better it is for coordination
between other Utilities and also any Highway works
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What information is submitted on a Forward Planning
notice?
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Details of where works to take place
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What Traffic Management will be required (if known)
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Contact details of the Site Manager (if known)
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Date the promoter would like occupation of the Highway
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Extremely useful for coordination
How do you decide what Notice to send?
Estimated Duration
Major:
Standard:
Minor:
11 + days
4 to 10 days (Maximum)
3 days (Maximum)
Immediate - Urgent
Duration determined by nature
of works - extensions can be
requested
Immediate – Emergency
Duration determined by nature
of works - extensions can be
requested
Notice / Works Classifications
Major Works
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Have been identified in an undertaker’s annual operating
programme or, are normally planned or known about at
least six months in advance of the proposed start date
•
Require a temporary traffic order (not a temporary traffic
notice) under the Road Traffic Regulation Act 1984 for
any works other than immediate works
•
Have a planned duration of 11 days or more, other than
immediate works
Notice / Works Classifications
Standard Works
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Standard works are works, other than immediate or
major works, with a planned duration of between four
and ten days inclusive
Minor Works
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Minor works are works, other than Immediate/Standard
or Major works, with a planned duration of three days or
less.
Notice / Works Classifications
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Immediate Works
Emergency Works
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Which are defined in section 52 of NRSWA, are works
required to end, or prevent, circumstances, either
existing or imminent, that might cause damage to people
or property.
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An example is street works away from an emergency
site that are necessary to shut off or divert a supply.
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Remedial works to dangerous, defective reinstatements
are classed as emergency works
Notice / Works Classifications
Immediate Works
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urgent works as defined in the Regulations as street
works:
(i) to prevent, or put an end to, an unplanned interruption of
any supply or service provided by the undertaker
(ii) to avoid substantial loss to the undertaker in relation to
an existing service
(iii) to reconnect supplies or services where the undertaker
would be under a civil or criminal liability, if the
reconnection is delayed until after the appropriate notice
period
WORKS CATEGORY SELECTION
Is immediate work required to prevent or end a dangerous
situation (includes dangerous defective works or reinstatements)
YES
Immediate
Emergency
Works
YES
Immediate
Urgent
Works
YES
Major
Works
YES
Minor
Works
N
O
Is work to prevent or end an unplanned interruption to a supply
or to avoid substantial loss with respect to an existing supply, or
to reconnect a supply to comply with a statutory duty
(HA works: signs, bollards etc)
N
O
Are the works in the annual programme OR need a TTRO OR
have a planned duration of 11 days or more, other than
immediate works
N
O
Are the works, other than immediate OR major works with a
planned duration of 3 days or less
N
O
Standard Works
Questions ?
Notice periods and
sequence
Advance Warning – minimum periods
Advance s 54.
Proposed Start s 55 (Immediate Urgent s55. Immediate Emergency s 57.)
Works Start or Revised Duration s 74.
Validity & Cancellation
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Notices remain valid for a given period time. If works do
not start within that period, the notice must be cancelled
and a new notice should be issued allowing for the
requisite notice period
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Cancellation of a works/phase can be issued before the
start date, on the start date e.g. cars parked over site.
However, it must be issued before the end of the notice
validity period
Before works start
3-Month
notice served
10-Day
follow up
Estimated
Start Date
New Latest
Start Date
Latest
Possible
Start Date
Must be sent at least
10 working days
before end of
3 Month notice period
3 Calendar Month Notice Period
3 Month notice
must be served
at least 3
Calendar Months
before Estimated
Start Date
The 10-Day follow up
notice can confirm
the Estimated Start Date
or move it up to
15 days forward
15 Working Days
Work may start within the next
5 working days following the
Estimated Start Date given in
the 10-Day follow up notice *
3 Months Advance Notice Model
*The subsequent s55 notice should specify a start date which is no earlier than
3 months after the date on which the s54 notice was given, and no later than 15
days after the provisional starting date given in the s54 notice.
Standard Works
Work Starts send
S74 – In Progress
Actual Start
Issue Proposed
Works Notice
S74 – In Progress
Revised Duration
Latest
Possible
Start Date
Proposed
Start Date
Revised
Revised
Estimated Estimated Estimated
End Date End Date End Date
A
10 Days Notice
5 Days
A
HA can issue S74
Duration Challenge
S74 - Works
Clear/Closed
B
C
Revised
Duration
Revised
Duration
of works
Revised
Duration
of works
Duration
of works
of works
5 5Days
Days
B
HA can issue S74
Duration Challenge
Section 74 Operation Model
5 Days
C
HA can issue S74
Duration Challenge
Notice Period – Early Starts
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Early Starts can be requested before or after issuing a
S54 or S55 notice. Agreement details must be obtained
and this may include a ref number
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If agreed, all information discussed must be included on
the subsequent notice confirming the start date
Street Authority Responses
Street Authority may:
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Not respond !
Request for further information
Request change to Proposed Works
Comment or Information
Duration challenge
S56 / S56a
S66
S74 Informal overrun warning
Starting & Extending
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Once works begin, an actual start notice must be issued
by the end of the next working day
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Unforeseen circumstances can delay the completion of
works, so a revised duration estimate can be submitted
at any time before the estimated end date. The notice
must include justification for the extension
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If the works take longer than the “Prescribed Period” or
the “Reasonable Period” they become unreasonably
prolonged, and the authority may charge for each day in
excess these periods. (S74 overrun)
Questions ?
What information is
required on the initial
notice?
What info must be on the initial notice?
Certain fields will be automatically populated by
the notice management system on creating a
notice. The following mandatory information must
be included on initial notices:
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Charge category
Traffic Management
Proposed Start and End dates
Phase type – asset activity to interim,
permanent reinstatement, remedial activity
Continued……….
What info must be on the initial notice?
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Grid references – either a single point, start & end
points or a polygon
USRN or provisional street details
Location description
Works description
Works type – major, standard, minor, immediate
Estimated inspection units
Number of phases (expected)
Applicable designations
Agreement information (if applicable)
Notice Restricted flag (yes or no)
What other info can be on the initial
notice?
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Promoter name and contact details
Contractor name and contact details
Project reference
Project description
Attachments – (SEHAUC portable traffic light form !)
Although there is no specific field for site location on an
opening notice, it also may be beneficial to include this
information – e.g. carriageway, footway, footpath, verge
and cycleway
In the interests of best practice, although all of the above
information is optional, it may be beneficial to include this
information on opening notices wherever possible
Error corrections/Amendments
The following information can be corrected using a Works
Data Alteration notice, some of which need an agreement
from the authority
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Works description – can only be amended with agreement
USRN/Provisional street details – can only be amended with
agreement
Applicable designation – can only be amended with agreement
Grid reference/s – can only be amended with agreement
Location description – can only be amended with agreement
Restricted notice flag – can be updated without agreement
Attachments – can be added without agreement
Project reference & Description - can be amended without
agreement
Promoter & Contractor details – can be amended without agreement
Agreements must be obtained from the relevant authority
Retracting S74 notices sent in error
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If an Actual Start, or Works Stop notice has been issued
on a notice in error, it may be possible to retract the
notice using a Works Status Correction notice
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An agreement must be reached with the relevant
authority before sending this correction notice
Questions ?
Works completed – what
happens next ?
Works completed, what happens next ?
Section 74 – Works Stop – Notice sent by the end of
the next working day.
Non excavation works only require a works stop notice
Section 70 Notice
 Required where there has been excavation
 The undertaker must inform the street authority, stating
whether the reinstatement is permanent or interim
 Registration of the reinstatement including the
dimensions reinstated areas must be within 10 days
 Inspection units must be updated to reflect actual works.
 If the reinstatement is interim, the undertaker must
complete the permanent within 6 months
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Site 1
Street_Location: – Footway (optional)
Site_Location_Text: From o/s No 6 to outside No 24.
2
4
6
8 10 12 14
Side Street
Works Completed – Reinstatement details
16 18 20 22 24 26 28
Front Street
Site 1
The Initial Notice would be created using the USRN for Front Street
Works_Description: - Lay 1 x 100mm dia. pipe, 10m in C/W at 600mm cover, 60m
in F/W at 350mm cover
- It is only necessary at the this stage to create 1 site on the notice
Proposed Notice
Works Completed – Reinstatement details
2
4
6
Site 2 (New)
Street_Location: – Carriageway
Site_Location_Text: –
Across jcn of Side Street.
Length x Width: - 10m x 0.4m
8 10 12 14
30m F/W
Side Street
Site 1 (Amended)
Street_Location: - Footway
Site_Location_Text: –
From o/s No 6 to jcn Side Street.
Length x Width: - 30m x 0.4m
10m C/W
Site 3 (New)
Street_Location: - Footway
Site_Location_Text: –
From jcn Side Street to o/s No 24.
Length x Width: - 30m x 0.4m
16 18 20 22 24 26 28
30m F/W
Front Street
Site 1
Site
2
Site 3
We now need to add the location text on Site 1 and create additional sites to cover
the different surfaces in the trench work, and add reinstatement details, including a
grid reference for all works.
Questions ?
Fixed Penalty Notices
(FPNs)
FPNs Explained
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The fixed penalty notice scheme is
introduced by section 41 of the TMA
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Offences refer to noticing non compliance
Why FPNs ?
The objectives of the FPN system are to:
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encourage accurate and timely notice data
improve the co-ordination of works
improve data quality for all works promoters
contribute to the aim of the TMA minimising disruption
Offences
Table 11.1: Summary
Offence
Brief description
Duties and
obligations
An offence under s.54(5)
Failure to comply with duties under s.54
See handout
for details
An offence under s.55(5)
Beginning to execute works in contravention of
s.55
See handout
for details
An offence under s.55(9)
Failure to give notice in accordance with
s.55(8)
See handout
for details
An offence under s.57(4)
Failure to give notice in accordance with s.57
See handout
for details
An offence under s.70(6)
consisting of a failure to comply
with subsection (3) or (4A)
Failure to comply with requirements to give
notice of completion of reinstatement
See handout
for details
An offence created by
regulations made under s.74(7B)
Failure to give a notice required by regulations
under s.74 (charge for occupation of the
highway where works unreasonably delayed)
See handout
for details
An offence created by
regulations made under s.74A
(11)
Failure to give a notice required by regulations
under s.74 A (Charge determined by reference
to duration of works)
See handout
for details
FPN Offences
FPN’s can be served for the following
reasons;
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No notice
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Wrong content
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Missing content
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Sequence
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Late noticing/timing
Process & Regulation
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An FPN should be given as soon as is reasonably
practicable. It may not be given more than 91 calendar
days after the commission of the offence
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The penalty is £120. The period for payment is 36
calendar days and a discounted amount of £80 will apply
if payment is made within 29 calendar days
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Once an FPN has been given, proceedings for that
offence cannot commence until the end of the period for
payment
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If the undertaker does not pay the penalty within the 36
calendar days then the street authority may bring
proceedings in the Magistrates' Court for the original
offence
Serving an FPN
The fixed penalty notice has two parts:
• Part A includes information about the street
authority and the offence
• Part B includes information about payment of the
penalty. It also includes a table listing the
relevant offence codes, for use in Part A and
contact details of the Officer giving the FPN
Withdrawing an FPN
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If a street authority considers that an FPN
ought not to have been given, they may
give a notice withdrawing the fixed penalty
notice
Questions ?
Permit Schemes
Why Permits?
The fundamental objective of the permit
scheme is to create a common procedure
to control ALL activities in the street
 The permit scheme should support the aim
of encouraging better planning, scheduling
and managing of activities to reduce
congestion
 The difference between a Permit and a
Notice? Permission & Notification

Permit Scheme

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A Traffic Authority / regions may apply to run their own
customised permit scheme
Permit schemes differ from existing powers for managing
activities on the street in a number of key activities, in
particular; They book occupation of a street rather than give
notice on the highway authority
 Highway Authorities’
own work are included
 Conditions can be included
 Permit
schemes may vary
Permit Scheme
Application for permit

Each application shall only contain information
about activities in one street
Provisional Advance Authorisation

At least 3 months before the proposed start of a
major activity, the promoter can apply for a
Provisional advance authorisation to pre book
the road space
Permit Scheme
Permit Fees

The TMA allows fees to be collected for
issuing the permits and for variations but
will not be charged for Highway Authority
own works.

Fees up to £240 can be charged for a
permit depending upon the activity and
road type
Permit Scheme
Fixed Penalty Notices
FPNs for breaches of permit conditions
are similar to notifiable works.
 Working without a permit attracts a charge
of £500, reduced to £300 for early
payment
 Same processes for giving / withdrawing
FPNs under noticing apply to permits.

The Kent Permit Scheme
•
•
•
•
2nd consultation document
Out 18 August 2008
Comments by 19 Sept’
Submit Application to DfT end of
October
• Trial of own Permitting 6th July 2009
• DfT Approval 30th July 2009
• Started January 25th 2010
Traffic Management Act 2004
KENT PERMIT FEES
Road Category 0 – 2
Or traffic-sensitive
Road Category 3 & 4
Non traffic-sensitive
Provisional
Advance
Authorisation
£87
£73
Major Activity
£225
£146
Standard Activity
£130
n/a
Minor Activity
£65
n/a
Immediate Activity
£57
n/a
For Permit Variations Kent County Council as Permit
Authority will charge £35 or £45.
Kent Reduced Permit Fees
Permit fees are reduced under certain
conditions;
Membership of Kent's considerate
contractor scheme
 Sharing trenches
 Combined permit application
 Extended working hours
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Questions ?
And Finally…….
Street Works Licences
A street authority may grant a street works
licence

This allows a person without a statutory
right, to place, retain and remove
apparatus in the street, and to do work
necessary for that purpose

The licence system is governed by
Section 50 of and Schedule 3, to
NRSWA
Unattributable Works

Street Authorities can send an
unattributable works notice where they find
unidentified works

Works Promoters can accept or reject this
notice
Other Considerations
Portable Traffic Signals

The use of portable traffic signals must also be notified /
authorised via a separate process
Traffic Regulation Order/Notice

Road closures and other TTRO / TRN (eg temp speed
limits) are required in addition to the noticing process
Inspections

A Street Authority inspects works in 3 phases; In
progress, after completion and shortly before the
guarantee period expires
Q&A and Quiz
Administration of Street &
Highway Works Notices
Further info available: 
DfT Website
www.dft.gov.uk

SEHAUC Website
www.sehauc.org.uk

HAUC(UK) Website
www.hauc.org.uk

Elgin
www.elgin.gov.uk
For full information and advice notes