Section 50 Licence
Application Process
This document sets out the process by which an application can be made for a
Street Works Licence (SWL) under section 50 of the New Roads and Street
Works Act 1991 (the NRSWA). The documentation for the process has been
broken down into individual documents which are identified by the reference
SWL followed by a number (eg. SWL1) to make it easier to complete.
¾ SWL1 is the guidance notes.
¾ SWL2 though to SWL6 all need to be completed and returned to
Newcastle City Council by the applicant.
¾ Once all documentation has been submitted the application will be
processed and if the application is granted, a copy of the licence will be
supplied
SWL1
Guidance notes for applicants
The guidance notes below will take you through the process you must follow;
there are a number of documents and details which you must provide before we
can authorise the licence. Some of the details may take a little time to collate so
please ensure you make contact with Newcastle City Council well in advance of
your potential works. We recognise that there are times when works dates will
change and this can be discussed during your application process
What are your responsibilities?
The person granted a Street Works Licence becomes a Undertaker for purposes
of the New Roads and Street Works Act 1991 and therefore becomes
responsible for the relevant duties imposed by the Act and associated Secondary
Legislation and Codes of Practice.
Financial penalties may arise to the licence holder for non-compliance with the
relevant statutory duties or licence conditions. You cannot delegate your liability
to any other person or organisation..
The requirement to obtain a Street Works Licence applies to any person or
organisation (other than anyone acting in exercise of a statutory right) who
wishes to place, retain and thereafter inspect, maintain, adjust, repair, alter or
renew apparatus or change it’s position or remove it from the highway.
The term apparatus includes but is not limited to drain, cables, ducts, sewer
pipes, water and gas pipes, over, across, along or upon the highway.
The Licence holder (not the Contractor) is responsible for ensuring the following:¾ That the works have been notified to Newcastle City Council
¾ That the works are carried out in a safe manner
¾ That the works are carried out in accordance with the NRSWA Codes of
Practice
¾ That the works are supervised by the contractor’s Supervisor who must
have the necessary accreditation
¾ That the works are guaranteed for the requisite duration
¾ That the Street Works Officer has sight of all accreditation certificates
It is the owner’s statutory duty to ensure that the apparatus is properly
maintained at all times once it has been installed.
If you are not familiar with the requirements of this legislation you are strongly
advised to appoint a contractor with the appropriate knowledge and accreditation
to help complete the application and conduct the works on your behalf.
Contractors
The contractor you use should be competent and will assist in completing the
SWL2 form. This contractor should have a working knowledge of NRSWA. This
knowledge can be evidenced by the site Supervisor and Operatives having the
correct accreditation to carry out the works.
A reliable contractor who produces work to the required high quality should be
able to guarantee his works for a 2-3 year period. The responsibility for this
guarantee rests with you the licensee.
Other details
Waste material arising out of your works must be disposed of at either:¾ An authorised Waste Disposal Tip - if you use this method you will need to
complete the SWL6- Details of Controlled Waste Transfer Notice.
¾ Land with suitable planning approval
Licence for New Apparatus
Form SWL2 must be completed by the applicant before we can start the process
of authorisation. This needs to be submitted to Newcastle City Council email
[email protected]
You will need to include
1 copy of the plan of your proposed works (scale 1/2500 or greater) showing the
locations with relevant apparatus marked out clearly
Proof of Public Liability Insurance. This must indemnify the Street Authority
against any claim in respect of injury, damage or loss arising from the works
The minimum cover shall be £5million
A payment of £ 531.50
Administration fee (non returnable) of £141.50
Capitalised fee in lieu of annual charge- only applicable on new apparatus
licence request of £140
Inspection fee that includes up to a 200m length of road £250.00
A further charge of £72.50 Is payable for each additional 200m length or
additional road
All cheques should be made payable to Newcastle City Council
The Street Works Licence or consent to work on existing apparatus will only be
granted to the owner(s) of the land which the apparatus benefits (‘the Land’) and
his successor in title. The Contractor is not the licence holder.
The application form must be signed by the owner of the apparatus
During the period in which the licence is being processed by Newcastle City
Council you will need to notify the statutory undertakers who may have apparatus
at your proposed location. The statutory undertakers need to respond with
plans/drawings showing the locations of their apparatus. Newcastle City Council
can advise you as to which undertakers have carried out works within the
locations should this be needed. The for SWL5 should then be completed given
a declaration regarding Statutory Undertakers.
Works must not be instigated until the licence has been approved, signed and
returned to you
Special conditions- these may be given for the purposes of safety, minimise
inconvenience to person using the street or if the location has special
engineering difficulties or is a Protected Street. You must adhere to these
conditions
Where the apparatus is to be placed or retained on a line crossing the street and
not along the line of the street, a person aggrieved by :The refusal of the Street Authority to grant him a licence
or
Their refusal to grant a licence except on terms prohibiting it’s assignment:
Any terms or conditions of the licence granted to him
May appeal to the Secretary of State
Existing Licence
The notes given for New Apparatus also apply equally to maintaining existing
apparatus- the capitalises fee is omitted
Payment details- payment is a minimum of £313.50
Administration fee- non returnable of £113.50
Inspection fee- includes up to 20mm of road length is £200.00
All cheques should be made payable to Newcastle City Council
A further £72.50 is payable for each additional 200m length of road and or each
additional road identified
Noticing before works commence
The Council as Street Authority has a statutory duty to manage the network of
roads so all applications must be submitted 3 months in advance of the works on
site (Major works) and one month for all other works. Any changes to dates must
be discussed and agreed as these may conflict with other planned works. Shorter
time periods may be agreed but will need to be discussed with Newcastle City
Council as this will need to be coordinated with planned works by other utility
companies.
The form SWL3 with gives notification details must be received10 working days
prior to works commencing so the coordination process can be instigated
During the works
During the works on site you must allow the Street Authority to monitor the
performance through the following stages of the works
Signing, guarding and excavation
Signing, guarding and reinstatement
Immediately after reinstatement
Between 6 and 9 months after permanent reinstatement
During the month preceding the end of the guarantee period
As the licensee you are responsible for the works.
On completion of works
Once the works have been completed you must inform Newcastle City Council
by the end of the next working day stating whether your reinstatement is interim
or permanent by using the SWL4 form
If you have multiple streets to your works you do need to submit 1 SWL4 form for
each street.
If you have any interim reinstatements then these must be made permanent
within 6 months. You will need to make contact with Newcastle City Council prior
to carrying out your interim works as they will need to ensure that no other utility
company has any planned works. Form SWL4 will then need to be resubmitted
showing the correct reinstatement details
Guarantee
The guarantee period begins from the date the Street Authority is notified by form
SWL4 which gives details of the permanent reinstatement and this will last for 2
years for reinstatement up to 1.5m and 3 years for reinstatement beyond 1.5m.
The reinstatement notice must be sent within 10 working days of the works being
completed.
You have a duty to maintain the apparatus; this is a requirement of the Act.
Should ownership change in anyway then you have a duty to inform Newcastle
City Council. If you fail in this you could be held liable for any failure of the
apparatus in the future.
Public Liability insurance – this is required under the terms of the licence and
may be covered under your standard household/property insurance. You should
discuss this with your insurance company
We recommend that the licence be kept with the title deeds to your property on
the basis that it is an important document. You may need to make the licence
available to your solicitor in the event that the property is sold and liability is
passed to a new owner
Reinstatement details
Your reinstatement must conform to the NRSWA reinstatement specification
Forms for completion
SWL2 Application for NEW or repairing EXISTING apparatus in the Highway
¾ Section 1 is for details on the owner of the apparatus
¾ Section 2 is for the details of the work
¾ Section 3 is for details of the person conducting the works
¾ Section 4 is for insurance details
¾ Section 5 is for declaration by apparatus owner
¾ Section 6 is the conditions
¾ Section 7 is the authorisation (given by Newcastle City Council)
SWL3 is the notification details of the works- served prior to the works
commencing
SWL4 is the notification of the Registration of the works (following
reinstatement)
SWL5 is the declaration form for the Statutory Undertakers Requirements
SWL6 is the details of Controlled Waste Transfer Notice- this must be
completed and details agreed before the works can commence
SWL 2
CSRWR Ref
Street Works Licence Application
For placing apparatus in the Highway, Section 50, New Roads and Street Works Act 1991
New
Existing
(NB Those applicants not familiar with the requirements of this legislation are strongly advised to appoint a contractor with the
appropriate knowledge and accreditation to help complete this application and to conduct the works on their behalf)
Non-compliance with any requirement of the New Roads and Street Works Act 1991 may result in severe financial penalties.
Section 1
Owner of Apparatus
Surname ………………………………………………………………… Forenames …………………………………………
Or Full Registered name of Company ………………………………………………………………………………………….
Address: ……………………………………………………………………………………………………………………………
………………………………………………………………………. Postcode ………………………………………
Work telephone …………………………………………….. Home telephone ………………………………………………..
Section 2
Precise location of Proposed Work (tick boxes where necessary). Detailed plan to be submitted with form
Property Reference ……………………………………………… Road/Street: ………………………………………………..
District/Parish/Ward: ……………………………………………. City/Town/Village: ………………………………………….
Postcode
National Grid Reference:
Category of works:
Emergency
Special
Urgent
Urgent
Minor with
excavation
Minor
without
excavation
Standard
works
Major
project
Type of works: (e.g. Duct/Pipe Cable) ………………………………………………………………
Estimated length of works
m Average depth
of excavation
Over 1.5 m
Up to 1.5 m
Proposed start date
Estimated duration
Works with no
excavation
hours
days
month
Planned finish date
Hours of working:
(please tick)
daylight
24 hours
Night time
Work lies within:
verge
footway
carriageway
Proposed traffic control:
Section 3
Stop/go
boards
am only
Temporary
traffic signals
pm only
Road
closure
Priority
flow
Not to
be used
Details of person/company conducting the works
Name ……………………………………………….. Company ………………………………………………………………..
Address: ……………………………………………………………………………………………………………………………
Postcode ………………………………………
Telephone No. ……………………………………………..
Section 4
Insurance: Public Liability Insurance of a minimum of £5 million must be provided up to completion of the
permanent reinstatement (proof to be submitted with this form)
Company name: …………………………………………. Address ………………………………………………………………
Telephone ………………………………………………… Policy number ………………………….. Expires (date) …………
Declaration by apparatus owner
Section 5
I confirm that the foregoing details are correct and acknowledge that the works referred to
above will be conducted in accordance with the requirements of the New Roads and Street
Works Act 1991, associated legislation and Codes of Practice together with any other conditions
imposed by the Street Authority.
I also 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 our 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 Note for Guidance for Applicants (Form
SWL1
Signature ……………………………………………………….Date …………………………
Name and Position in Company ………………………………………………………………`
Section 6
Conditions
1. Newcastle City Council in its capacity as the Street Authority for the Highway
mentioned in Section 2 of Form SWL2 (hereinafter called ‘the Highway’) hereby grants to
the party named in Section 1 of Form SWL2 (hereinafter called ‘the Licensee’) with the
intent that the same shall benefit and run with the location described in Section 2 of Form
SWL2 hereto a Licence under Section 50 of the New Roads and Street Works Act 1991
to place or retain in the Highway in the position shown by a red line on the plan attached
hereto the apparatus (hereinafter referred to as ‘the Apparatus’) short particulars of which
are set out in Section 2 of Form SWL2 hereto and thereafter to inspect, maintain, adjust,
repair, alter or renew the Apparatus, change its position or remove it and to execute for
those purposes any works required for or incidental to such works (including, in particular
breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or
boring under the street) and subject to the conditions hereinafter specified and subject
also to the relevant conditions and provisions contained or referred to in Schedule 3 of
the said Act and the Licensee hereby accepts the Licence upon the subject to the said
terms, conditions and provisions
2. The Licence is granted to the owner of Apparatus and his successor in Title and
where he proposes to part with his interest in the Apparatus, he shall before doing so
give at least 6 weeks written notice to the Street Authority if the intention to abandon the
Apparatus or transfer the Licence stating to whom the benefit of the Licence is to be
transferred, and also give written notice to the Street Authority of the date of the transfer
3. The Licensee shall:
a) Conduct all relevant works in accordance with the requirements of the New Roads
and Street Works Act 1991, associated secondary legislation, Note for Guidance
for Applicants (Form SWL1 and Codes of Practice.
b) 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: And
the former Licensee shall indemnify the Street Authority against any claim
in respect of injury, damage or loss arising out of the execution by the
Authority or the Licensee of any works paragraph 7 to Schedule 3 of the
NRSWA 1991
c) Give at least 6 weeks written notice to the Street Authority of his intention to cease
using or to abandon the Apparatus
4. The Licensee shall by the Street Authority in connection with the granting of the
licence the following:
New Apparatus
A payment of £ 531.50
Administration fee (non returnable) of £141.50
Capitalised fee in lieu of annual charge- only applicable on new apparatus
licence request of £140.00
Inspection fee that includes up to a 200m length of road £250.00
A further charge of £72.50 Is payable for each additional 200m length or
additional road
All cheques should be made payable to Newcastle City Council
Existing Apparatus
Payment details- payment is a minimum of £313.50
Administration fee- non returnable of £113.50
Inspection fee- includes up to 20mm of road length is £200.00
All cheques should be made payable to Newcastle City Council
A further £72.50 is payable for each additional 200m length of road and or
each additional road identified
5. Any licence issued under this procedure by the Street Authority must not be
constructed as conferring any right for the applicant to make any connection to a sewer,
drain, pipe, cable or other apparatus
6. The Licence hereby granted shall remain in force until withdrawn by the Street
Authority under Schedule 3 of the New Roads and Street Works Act 1991 or surrendered
to the Street Authority by the Licensee
7. The Licence
The Street Authority may determine this Licence at any time:-
a) On the expiration of a period as may be specified in a Notice (being a period of not
less than seven working days beginning with the date of the service in the notice)
served on the Licensee informing him of any condition of this Licence which is
being or has been 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
b) The Licensee has parted with or intend to part with his interest in the Apparatus in
a case where assignment of the Licence is prohibited: or
c) The Street Authority considers the withdrawal of the Licence is necessary for the
purpose of the exercise of their function as Street Authority.
8. Where a Licence expires or is withdrawn or surrendered, the Street Authority:
a) May remove the apparatus to which the Licence relates or later it in such a
manner as they think fit and reinstate the street and may recover from the former
Licensee the expenses incurred by them in doing so;
b) 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.
9. The Licence does not confer any right on the Licensee, as against the owners of the
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 required
10. In the Licence the following terms are noted:
Section 7 the Licence
See separate sheet
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 the Section 2 of Form SWL2 hereto
New Roads and Street Works Act 1991
Notice of Works Including Responses
Part 4
To
Purpose
Notice
Street Authority Response
From
Form
SWL3
Follow up Notice
Other Response
Reference no
Part
of
Recipients cross reference no
Part
of
Reference no
Part
of
Originators cross reference no
Part
of
Date of issue (dd/mm/yy)
Time of issue
(emergency and urgent only)
Expected start date (dd/mm/yy)
Expected completion date
Types of works
Notice
Period
Street
Status
Minor with excavation
Emergency
Non traffic
sensitive
Traffic
sensitive
situation
Is special
engineering
difficulty involved
Within
2 hours
of work
starting
Yes
or
No
Urgent
(Special
Cases)
Within
2 hours of
work
starting
Urgent
Minor no
excavation
Notice
Within 2
hours
2 hours
in
advance
Confirm
start date
Standard
Confirm
start date
Notice
Notify by daily
whereabouts
7 days
Major
Reinstatement
Notices required
1 month
7 days
Remedial
Dangerous
Within
2 hours
of work
starting
Remedial
(other)
By daily
whereabouts
3 days
3 days
1 month
7 days
If yes has the relevant authority approved the works?
1 month
7 days
Yes
or
No
Location description or house name or number
Street name:
Local area name:
District:
Postcode:
National Grid ref:
Description of works (including construction methods – if known)
Comments (Traffic Management or other)
Estimated
inspection units
Part 5
New Roads and Street Works Act 1991
Registration of Works
To
Has Part SWL4 been sent?
Form
SWL4
Yes
No
Part R2 Give number of R2 continuation sheets
From
Reference no
Recipients cross reference no
Part
of
Part
of
Reference no
Originators cross reference no
Part
of
Part
of
All works on this notice complete?
Yes
No
If yes, actual inspection units
Location description or house name or number
Street name:
Local area name:
District:
Postcode:
National grid ref:
Description of works Comments (Traffic Management or other)
Reinstatement closing dimensions location
Guarantee start date
Interim
permanent
length width C for V deep ex
d m y
d m y
Item Location
1.
2.
As laid record
Depth to top of apparatus
.
m
Sketch of location - including measurements against fixed objects
PART 6
FORM SWL5
NEW ROADS AND STREET WORKS ACT 1991
SECTION 50 - STREET WORKS LICENCE
DECLARATION FORM
STATUTORY UNDERTAKER’S REQUIREMENTS
To comply with Section 69 of the Act where Street Works are likely to affect another person’s
Apparatus in the street, applicants must take all reasonably practicable steps:
•
To give the person to whom the Apparatus belongs reasonable facilities for
monitoring the execution of the works and
•
To comply with any requirement made by them which is reasonably necessary for the
protection of the Apparatus or for securing access to it.
All relevant Statutory Undertakers must therefore be contacted before the commencement of
any work. Space is provided overleaf for them to indicate their requirements (if any) and
these conditions, complete with endorsements, should be presented with your application
form.
Please send one of the attached forms to each relevant Statutory undertaker with a copy of
your plans
I have applied to Newcastle City Council for a Street Works Licence to place/maintain
apparatus at:
Address................................................................................................................................
................................................................................................................................................
Location (e.g. carriageway, footway or verge).......................................................................
and would ask you to indicate over whether you have any apparatus at the location in
question which may be affected by these works.
Signed........................................................................ Date................................................
Address (if different from above).......................................................................................
................................................................................................................................................
STATUTORY UNDERTAKER'S RESPONSE
Statutory
Undertaker...................................................................................................................
Apparatus Affected
Yes / No
Special Requirements..........................................................................................................
Please highlight on plans and return
Contact name, address, phone number or email address for further information and queries:
Company Stamp....................................................... Date...................................................
Name…………………………………………………………………………………………………..
Title……………………………………………………………………………………………………
Signed…………………………………………………………………………………………………
Part
7
Duty of Care : Controlled Waste Transfer Notice
Form
SWL6
Section A – Description of Waste
1.
Please describe the waste being transferred ………………………………………………
2.
How is waste contained?
loose
sacks
3.
skips
drum
other (please describe) ……….
What is the quantity of waste (number of sacks, weight etc) ……………………………
Section B – Current holder of the waste
1.
Full Name (BLOCK CAPITALS) ……………………………………………………………..
2.
Name & Address of Company ………………………………………………………………
3.
Which of the following are you? (please √ one or more boxes)
Producer of the waste
Holder of waste disposal or
waste management licence
Licence number …………………………
Issued by: ……. …………………………
Importer of the waste
Waste collection authority
Exempt from requirement to have a
waste disposal or waste
management Licence
Registered waste carrier
Give reason: ……………………..………
Registration Number: ……………… …..
Issued by: ……. …………………………
Waste disposal authority
(Scotland only)
Exempt from requirement to register
Give reason ………….…………………..
Section C – Person collecting the waste
1.
Full Name (BLOCK CAPITALS) ……………………………………………………………..
2.
Name & Address of Company ………………………………………………………………
3.
Which of the following are you? (please √ one or more boxes)
Waste collection authority
Holder of waste disposal or
waste management licence
Licence number …………………………
Issued by: ……. …………………………
Waste disposal authority
(Scotland only)
Exporter
Exempt from requirement to have a
waste disposal or waste
management Licence
Give reason: ……………………..………
Registered waste carrier
Registration Number: ……………… …..
…………………………………………….
Issued by: ……. …………………………
Exempt from requirement to register Give reason ………….…………………..
……………………………………………
Section D
1.
Address of place of transfer/collection point …………………………………………………………..
2.
Date of transfer ……………………………. 3. Time(s) of transfer ……………………………………
for multiple consignments, give “between” dates ………………………………………………………
4.
Name and address of broker who arranged this waste transfer (if applicable) …………………….
………………………………………………………………………………………………………………
5.
Signed ………………………………..
Signed ..................................................................
Full Name ……………………………
Full Name …………………………………………...
Representing ………………………
Representing ………………………………………..