STREET WORKS LICENCE SECTION 50, NEW ROADS & STREET WORKS ACT 1991 PART 1 GUIDANCE NOTES FOR APPLICANTS (Form SWL1) Form SWL1 (this form) The Notes for Guidance for Applicants acts as an introduction into the requirements of the New Roads and Street Works Act 1991 (“NRSWA”), and is a simple checklist and guide for the applicant. The requirement to obtain a Street Works Licence applies to any person or organisation (other than a Statutory Body) 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. The term apparatus includes surface boxes, ironware, drains, cables, ducts, sewer pipes, water and gas pipes etc. The person granted a Street Works Licence becomes an Undertaker for the purposes of NRSWA, and therefore attracts the relevant duties and responsibilities imposed by the Act and its associated Secondary Legislation and Codes of Practice. Financial penalties will be imposed by the Street Authority against the licence holder, who will be held responsible for non-compliance with the relevant statutory duties or licence conditions. Applicants should note that this responsibility cannot be delegated to any other person or organisation. Within the rural county of Dorset the Street Authority is Dorset County Council. A Street Works Licence or consent to work on existing apparatus in the highway will only be granted to the owner(s) of the apparatus or his/her/their Successors in Title. Owners should note their statutory duty to ensure that the apparatus is properly maintained at all times. Applicants should note that special conditions may be imposed by the Street Authority: To minimise the inconvenience to persons using the street, having regard to people with a disability in particular. For works in Traffic Sensitive Streets, Streets with Special Engineering Difficulties and Protected Streets. NB: The applicant must adhere strictly to these conditions. The Licensee must permit the Street Authority to monitor his performance throughout all stages of street works. These are signing and guarding, excavation, backfilling and reinstatement immediately after permanent reinstatement, between 6 and 9 months after permanent reinstatement and during the one month preceding the end of the guarantee period. (This period will begin from the date the Street Authority is notified of the permanent reinstatement). Where the apparatus in respect of which an application for a Street Works Licence is made to the Street Authority is to be placed or retained on a line crossing the street, and not along the line of the street, a person aggrieved by: a) the refusal of the Authority to grant him a licence b) their refusal to grant a licence except on terms prohibiting its assignment or c) any terms or conditions of the licence granted to him may appeal to the Secretary of State. Form SWL2 (Part 2) Street Works Licence Application – New Apparatus must be completed when the applicant intends to place and retain NEW apparatus in the highway. All reasonably practicable steps must be taken to identify other apparatus in the vicinity of the works applied for. (NB: it is recommended that the results of any enquiries are no older than 3 months). The applicant must submit this form (SWL2) together with the following:- (a) (b) (c) (d) 2 copies of a scale plan of the proposed location of the apparatus marked by a red broken line. Proof of the Contractor’s Public Liability Insurance. This must provide a minimum £5m cover and be maintained from commencement of the works on the highway up to completion and acceptance by the Street Authority of the permanent reinstatement. Proof of the Contractor’s Street Works accreditation qualifications. It is a requirement under the New Roads & Street Works Act 1991 that any person or organisation who wishes to open a public highway to carry out any installation, inspection, adjustment, repair or alteration of apparatus must ensure that the works are supervised by a fully certified supervisor (excavation AND reinstatement) and carried out by a certificated operative. Payment of £440.00 in the form of a cheque made payable to Dorset County Council. This payment is exempt from VAT and is made up as follows: £130.00 Administration Fee (non returnable) £160.00 Capitalised Fee in lieu of annual charge £150.00 Inspection Fees (£200 if works over 1.5m. deep) In order for Dorset County Council (as the Street Authority) to comply with its statutory duty, all application forms SWL2 must be submitted at least ONE MONTH in advance of commencement of the proposed works. The application form must be signed by the owner of the apparatus. Form SWL3 (Part 3) Street Works Licence Application – Existing Apparatus must be completed when the applicant requires consent for work on EXISTING apparatus in the highway. All reasonably practicable steps must be taken to identify other apparatus in the vicinity of the works applied for. (NB: it is recommended that the results of any enquiries are no older than 3 months). The applicant must submit this form (SWL3), together with the following: (a) (b) (c) (d) 2 copies of a scale plan of the proposed location of the apparatus marked by a red broken line. Proof of the Contractor’s Public Liability Insurance. This must provide a minimum £5m cover and be maintained from commencement of works on the highway up to completion and acceptance by the Street Authority of the permanent reinstatement. Proof of the Contractor’s Street Works accreditation qualification. It is a requirement under NRSWA that any person or organisation who wishes to open a public highway to carry out any installation, inspection, adjustment, repair or alteration of apparatus must ensure that the works are supervised by a fully certified supervisor (excavation AND reinstatement) and carried out by a certificated operative. Payment of £265.00 in the form of a cheque payable to Dorset County Council. This payment is exempt from VAT and is made up as follows: £110.00 Administration Fee (non returnable) £150.00 Inspection Fees (3 inspections) (£200 if works over 1.5m. deep) In order for Dorset County Council (as the Street Authority) to comply with its statutory duty, all application forms SWL3 must be submitted at least ONE MONTH in advance of commencement of the proposed works except in the case of emergency repairs. The application form must be signed by the owner of the apparatus. Form SWL4 (Part 4) The Notice of Works, should be submitted by the licensee at least SEVEN DAYS before the intended starting date of the works. The Licensee must inform the Street Authority of the completion of the reinstatement by the end of the following working day, stating whether it is interim or permanent. If an interim reinstatement is carried out, this must be made permanent within 6 months. Form SWL5 (Part 5) The Registration of the Works, must be completed by the licensee and submitted to Dorset County Council (as the Street Authority) within SEVEN DAYS of completion of the works (including permanent reinstatement and clearing the site). It is essential that the actual final measurements and completion date (guarantee start date) are recorded. If the works have to be extended, the Street Authority must be contacted immediately to make sure the road space is available. Failure to do so will incur charges under S. 74 of NRSWA. Form SWL7 (Part 7) The Duty of Care: Controlled Waste Transfer Note must be completed where any waste from the excavation has to be disposed of. A copy of the completed form must be retained by the licence holder with a copy given to the person accepting the waste. A third copy of the completed form should be submitted to Dorset County Council (as the Street Authority), with Form SWL5, within SEVEN days of completing the works. Street Works Licence Application for Placing Apparatus in The Highway Section 50, New Roads & Street Works Act 1991 PART 2 Form SWL2 Ref. : TO: ROAD SPACE MANAGEMENT, DORSET COUNTY COUNCIL (NB: Those applicants not familiar with the requirements of this legislation are strongly advised to appoint a contractor with the appropriate knowledge to help complete this application and to conduct the works on their behalf. Non-compliance with any requirement of the New Roads & Street Works Act 1991 may result in severe financial penalties. SECTION 1 Owner of Apparatus Surname/ Company: _________________________________________ Forenames/ Contact:: ________________________________________ Address: ____________________________________________________________________________________________ Postcode: Tel Work: _________________________ Home/Mob: ______________________ Email Address: ___________________________________________ SECTION 2 Precise Location of Proposed Works. (Tick boxes where necessary). (2 detailed plans must be submitted with form) Property Ref/No.: ____________________________ Road/Street: District/Parish/Ward: _______________________________ Postcode: ____________________________________________ Town/Village: _____________________________________ National Grid Reference: Category of Works Emergency Urgent Special Urgent Type of Works: Minor w/out Excavation Minor with Excavation Major Project Standard Works _________________________________________________________________________________ Estimated length of works: (in metres) Average depth of excavation Proposed start date: Over 1.5 M Up to 1.5 M Estimated Duration: Hours Works with no excavation Days Months Planned Finish date: Hours of Working: Daylight 24 hours Proposed Traffic Control: Work within: Night Time Stop/Go Boards am only pm only Temp. Traffic Signals Verge Road Closure Priority Flow Footway Carriageway All Not To Be Used SECTION 3 Details of person conducting the works Name: ______________________________________________________________________________________________ Address: ____________________________________________________________________________________________ __________________________________________________ Tel No: ___________________________________________ E Mail Address: ____________________________________________ SECTION 4 Insurance Public Liability Insurance of a minimum £5 million must be provided up to completion of the permanent reinstatement (proof to be submitted with this form). Company Name: ________________________________ Address: _____________________________________________ Tel No: _____________________________ Policy No. _____________________________ Expiry date: ________________ SECTION 5 Declaration by owner of apparatus I confirm that the foregoing details are correct, and acknowledge that the works referred to above must be conducted in accordance with the requirements of the New Roads & Street Works Act 1991 (“NRSWA”), associated legislation and codes of practice, together with any other conditions imposed by the Street Authority in the relevant Licence, which includes my duty to secure that the work is supervised by an accredited supervisor. I confirm that all reasonably practicable steps have been taken to ensure that other owners of apparatus likely to be affected by these works have been contacted and, where necessary, location of apparatus identified. NB: it is recommended that the results of any enquiries are no older than 3 months. I also acknowledge the statutory need for me to pay the prescribed inspection fee which will be imposed by the Street Authority, including any defect inspection fees and the cost of any necessary remedial works conducted by the Street Authority during the guarantee period. I also acknowledge that the licence is granted on the condition that I will indemnify the Street Authority against any claim in respect of injury, damage or loss arising out of:- a) the placing or presence in the street of apparatus to which the licence relates, or b) the execution by any person of any works authorised by the licence. I also acknowledge that I have read and understood the Notes for Guidance and Standard Conditions as attached (NB. Further specific conditions may be imposed at the time of granting the licence). I confirm that any amendments to the details of the works (including dates of commencement and completion) will be notified to the Street Authority as soon as they are known. Signed: __________________________________________ Date: _________________________________ Printed (Name): ______________________________________ In the capacity of: ______________________________________ SECTION 6 Conditions 1. The Street Authority for the Highway mentioned in Section 2 of Form SWL2 (“the Street Authority”) hereby grant to the party named in Section 1 of Form SWL2 (“the Licensee”) with the intent that the same shall benefit and run with the property described in Section 2 of Form SWL2 hereto Licence under Section 50 of the New Roads & Street Works Act 1991 to place and leave in the Highway in the position shown by a red broken line on the plan attached hereto the apparatus (“the Apparatus”) short particulars of which are set out in the Section 2 of Form SWL2 hereto and to maintain, repair and reinstate the Apparatus and break open and have access to the Highway for those purposes upon the terms and subject to the conditions hereinafter specified and subject also to the relevant conditions and provisions contained in Schedule 3 of the said Act, and the Licensee hereby accepts the Licence upon and subject to the said terms, conditions and provisions. 2. This licence is granted to the owner of the Apparatus and his Successors in Title, and where he proposes to part with his interest in the Apparatus he shall before doing so give 6 weeks notice to the Street Authority, stating to whom the benefit of the licence is to be transferred. 3. The Licensee shall: (a) Conduct all the relevant works in accordance with the requirements of the New Roads & Street Works Act 1991 and its associated Secondary Legislation and Codes of Practice. Indemnify the Street Authority against any claim in respect of injury, damage or loss arising out of: (i) the placing or presence in the street of apparatus to which the licence relates, or (ii) the execution by any person of any works authorised by the licence; (b) and the former licensee shall indemnify the Street Authority against any claim in respect of injury, damage or loss arising out of execution by the Authority or the Licensee of any works under Paragraph 7. 4. The Licensee shall pay the Street Authority in connection with the grant of the licence: £440 made up of: (a) (b) £130 in respect of administration expenses (non returnable) £160 which the Street Authority will accept as a capitalised payment in lieu of the annual fee for administering the licence, recoverable under Schedule 3 Section 2b of the New Roads & Street Works Act 1991 £150 for the chargeable inspection fee, per unit of inspection – an extra £50 will be payable if the works are to a depth over 1.5m. works in excess of 200 metres length will be subject to additional Inspection Fees. (c) (d) 5. The licence hereby granted shall remain in force until withdrawn by the Street Authority under Schedule 3 of the New Roads & Street Works Act 1991 or surrendered to the Street Authority by the Licensee. 6. The Street Authority may determine this licence at any time: (a) (b) (c) on the expiration of such period as may be specified in the Notice, being a period of not less than seven working days beginning with the date of service of the Notice on the Licensee, if any condition of this licence is contravened by the Licensee or if the Street Authority becomes aware of the fact that the Licensee intends to cease using or has abandoned the apparatus or intends to do so, or the Licensee has parted with or intends to part with his interest in the apparatus in a case where assignment of the licence is prohibited, or The Street Authority considers the withdrawal of the licence is necessary for the purpose of the exercise of their function as Street Authority. NB. Under sub paragraph (c) not less than 3 months’ notice will be given by the Street Authority. 7. Where a licence expires or is withdrawn or surrendered the Street Authority: (a) may remove the apparatus to which the licence relates or alter it in such manner as they think fit and reinstate the street, and may recover from the former Licensee the expenses incurred by them in doing so. if satisfied that the former Licensee can, within such reasonable time as they may specify, remove the apparatus or alter it in such a manner as they may require and reinstate the street, they may authorise him to do so at his own expense. A further licence will be required for such works. (b) 8. Any licence issued under this procedure by the Street Authority must not be construed as conferring any right for the applicant to make any connection to a sewer, drain, pipe, cable or other apparatus. 9. The Licence does not confer any right on the Licensee, as against the owners of land on which the highway is situated, to use the land. The Licensee must make his own arrangements with such owners in cases where their consent is needed. 10. In this Licence the terms: “Licensee” shall include the Successor in Title – Personal Representative – Receiver – Liquidator or Trustee of the Licensee. “Highway” shall include and apply to each and every Highway when more than one highway is specified in Section 2 of Form SWL2 hereto. SECTION 7 Authorisation Additional Conditions/Reinstatement Requirements RECEIPT OF FORM SWL4 BY 7 DAYS BEFORE COMMENCEMENT OF WORKS RECEIPT OF FORM SWL5 WITHIN 7 DAYS AFTER COMPLETION OF WORKS IMMEDIATE NOTIFICATION OF ANY CHANGES TO DATES OF WORKS RESIDENTS AND BUSINESSES AFFECTED BY THE WORKS TO BE CONSULTED BEFOREHAND Signed: ____________________________________________ Date: ______________________________ On Behalf of Street Authority IMPORTANT All communications relating to this Licence should be addressed to: Highways Network Management, Environment Directorate Dorset County Council County Hall DORCHESTER DT1 1XJ Application for Consent to Conduct Works on Existing Apparatus Section 50, New Roads & Street Works Act 1991 PART 3 Form SWL.3 Ref: TO: HIGHWAYS NETWORK MANAGEMENT, DORSET COUNTY COUNCIL (NB: Those applicants not familiar with the requirements of this legislation are strongly advised to appoint a contractor with the appropriate knowledge to help complete this application and to conduct the works on their behalf. Non-compliance with any requirement of the New Roads & Street Works Act 1991 may result in severe financial penalties. SECTION 1 Owner of Apparatus Surname/ Forename/ Company: _______________________________________________ Contact: ____________________________________ Address: ____________________________________________________________________________________________ Postcode: Tel Work: _________________________ Home/Mob: _______________________ Email Address: _______________________________________________ SECTION 2 Precise Location of Proposed Works. (Tick boxes where necessary). (2 detailed plans must be submitted with form) Property Ref/No.: _____________________________ Road/Street: ___________________________________________ District/Parish/Ward: ________________________________ Town/Village: _______________________________________ Postcode: National Grid Reference: Category of Works Emergency Urgent Special Urgent Type of Works: Minor w/out Excavation Minor with Excavation Major Project Standard Works _____________________________________________________________________________ Estimated length of works: (in metres) Average depth of excavation Proposed start date: Up to 1.5 M Estimated Duration: Works with no excavation Over 1.5 M Hours Days Months Planned Finish date: Hours of Working: Daylight Work within: 24 hours Proposed Traffic Control: Night Time Stop/Go Boards am only Temp. Traffic Signals pm only Road Closure Verge Priority Flow Footway Carriageway All Not To Be Used SECTION 3 Details of person conducting the works Name: __________________________________________________________________________________________ Address: ________________________________________________________________________________________ _______________________________________________________ Postcode: ________________________________ Tel No: __________________________ Mobile No: ___________________________ Email: _________________________ SECTION 4 Insurance Public Liability Insurance of a minimum £5 million must be provided up to completion of the permanent reinstatement (proof to be submitted with this form). Company Name: ________________________________ Address: _________________________________________ Tel No: _____________________________ Policy No. ____________________________ Expiry date: _____________ SECTION 5 Declaration by owner of apparatus: I confirm that the foregoing details are correct, and acknowledge that the works referred to above must be conducted in accordance with the requirements of the New Roads & Street Works Act 1991 and associated legislation and codes of practice, together with any other conditions imposed by the Street Authority in the relevant licence. I confirm that all reasonably practicable steps have been taken to ensure that other owners of apparatus likely to be affected by these works have been contacted and where necessary location of apparatus identified. NB: it is recommended that the results of any enquiries are no older than 3 months. I confirm I have paid the prescribed fee (£260, being £110 administration fee, £150 inspection fee), and acknowledge the statutory need for me to pay the prescribed inspection fees which will be imposed by the Street Authority, including any defect inspection fees and the cost of any necessary remedial works conducted by the Street Authority during the guarantee period. I also acknowledge that the licence is granted on the condition that I will indemnify the Street Authority against any claim in respect of injury, damage or loss arising out of: (a) (b) The placing or presence in the street of apparatus to which the licence relates, or The execution by any person of any works authorised by the licence. I also acknowledge that I have read and understand the Notes for Guidance contained in Part 1 (Form SWL1). Signed: ________________________________________________ Date: ___________________________________ SECTION 6 Consent Additional Conditions/Reinstatement Requirements RECEIPT OF FORM SWL4 BY 7 DAYS BEFORE COMMENCEMENT OF WORKS RECEIPT OF FORM WITHIN SWL5 7 DAYS AFTER COMPLETION OF WORKS IMMEDIATE NOTIFICATION OF ANY CHANGES TO DATES OF WORKS RESIDENTS AND BUSINESSES AFFECTED BY THE WORKS TO BE CONSULTED BEFOREHAND Signed: ____________________________________________ Date: ______________________________ On Behalf of Street Authority IMPORTANT All communications relating to this Licence should be addressed to: Highways Network Management Environment Services Dorset County Council County Hall DORCHESTER DT1 1XJ PART 4 NEW ROADS & STREET WORKS ACT 1991 NOTICE OF WORKS INCLUDING RESPONSES FORM SWL4 TO: Highways Network Management Environment Services Dorset County Council County Hall DORCHESTER Dorset DT1 1XJ d FROM: m Y DATE OF ISSUE EXPECTED START DATE Postcode: EXPECTED COMPLETION DATE Tel: Email: TYPE OF WORKS Emergency Urgent (Special cases) Urgent Is Special Engineering Difficulty involved? Minor no Excav. Yes/No Minor (with exc.) Confirm Notice Start Date If Yes: Standard Confirm Notice Start Date Major Notices Required Has the Relevant Authority Approved the Works? Reinstatement Remedial Remedial (Other) Dangerous Yes/No LOCATION DESCRIPTION OR HOUSE NAME OR NUMBER STREET NAME LOCAL AREA NAME DISTRICT/TOWN POST CODE NATIONAL GRID REF: DESCRIPTION OF WORKS (INCL. CONSTRUCTION METHODS – IF KNOWN) COMMENTS (TRAFFIC MANAGEMENT OR OTHER) ESTIMATED INSPECTION UNITS NEW ROADS & STREET WORKS ACT 1991 REGISTRATION OF WORKS PART 5 FORM SWL.5 TO: Highways Network Management Environment Services Dorset County Council County Hall DORCHESTER Dorset DT1 1XJ FROM: ALL WORKS ON THIS NOTICE COMPLETE? (Y/N) LOCATION DESCRIPTION OR HOUSE NAME OR NUMBER STREET NAME LOCAL AREA NAME DISTRICT/TOWN POST CODE NATIONAL GRID REF: DESCRIPTION OF WORKS (INCL. CONSTRUCTION METHODS – IF KNOWN) COMMENTS (TRAFFIC MANAGEMENT OR OTHER) REINSTATEMENT Item LOCATION Location CLOSING DIMENSIONS Length Width C.F. or V GUARANTEE START DATE Deep Excav. Interim d 1 2 3 4 5 Depth to top of apparatus m Please attach sketch of location – including measurements to fixed objects m Permanent Y d m y PART 7 Use only if waste is being removed from site FORM SWL7 DUTY OF CARE: CONTROLLED WASTE TRANSFER NOTE SECTION A – Description of Waste 1. Please describe the waste being transferred: Loose Sacks Skip Drum 2. How is the waste contained? 3. What is the quantity of waste (number of sacks, weight etc.): Other please describe SECTION B – Current holder of the Waste 1. Full Name (BLOCK CAPITALS): 2. Name and address of Company: 3. Which of the following are you: (Please one or more boxes) producer of the waste importer of the waste waste collection authority holder of waste disposal waste management licence Licence number: Issued by: Exempt from requirement to have a waste disposal or waste management licence Give reason: Registered waste carrier Registration No: Issued by: exempt from requirement to register Give reason: SECTION C – Person collecting the waste 1. Full Name (BLOCK CAPITALS): 2. Name and address of Company: 3. Which of the following are you? (Please one or more boxes) waste collection authority holder of waste disposal waste management licence Licence number: Issued by: importer of the waste Exempt from requirement to have a waste disposal or waste management licence Give reason: Exporter Registered waste carrier Registration No: Issued by: exempt from requirement to register Give reason: SECTION D 1. Address of place or transfer/collection point: 2. Date of transfer: 3. 3. 4. Name & address of broker who arranged this waste transfer (if applicable): 5. Signed: Full Name: (BLOCK CAPITALS) Representing: Time(s) of transfer (for multiple consignments, give ‘between’ dates): Signed: Full Name: (BLOCK CAPITALS) Representing: