Street Works Enforcement and Protection Notices
Fixed Penalty Notices
Where a utility company or works promoter fails to comply with the terms and conditions of a Street Works Permit or Highway Licence, the Council may issue a Fixed Penalty Notice (FPN).
This includes, but is not limited to:
- Failing to apply for a permit before commencing works
- Breaching permit conditions (e.g. working outside of approved hours or locations)
- Not displaying the permit on-site when required
- Failing to notify the Council of emergency works in line with the permit scheme
FPNs are issued in accordance with Regulation 20 of the Traffic Management Permit Scheme (England) Regulations 2007 and support the Council’s statutory duty to manage and minimise disruption on the highway. The Street Works (Fixed Penalty) (England) Regulations 2007.
Persistent or serious non-compliance may result in further enforcement action, including prosecution or recovery of costs where applicable.
Street Protection Notices (Section 58 Restrictions)
A Section 58 restriction is a legal measure under the New Roads and Street Works Act 1991 that protects roads from being excavated after resurfacing or reconstruction. This restriction is applied for a fixed period, typically 3 to 5 years, depending on the scale and nature of the works carried out by the Council.
Purpose of Section 58 Restrictions
A Section 58 restriction is intended to preserve the condition and extend the lifespan of newly resurfaced or reconstructed roads by limiting non-essential excavation. By protecting the road surface from premature disturbance, the restriction helps to reduce deterioration and avoid repeated disruption for road users.
To support this, utility companies are given at least three months’ advance notice of planned resurfacing works. This provides sufficient time to carry out any necessary or planned works before the restriction is applied.
Works Allowed During a Section 58 Restriction
Once a restriction is in place, no excavation or disruptive works may proceed without the Council’s prior approval. However, permission may be granted in certain cases, including:
- Emergency works, such as repairing burst water mains or addressing dangerous gas leaks
- Urgent repairs required to maintain or restore essential services
- New customer utility connections e.g. for newly constructed properties
- Minor, non-invasive works that do not require excavation
- Works required under health and safety legislation, including directions from the Health and Safety Executive (HSE) or pipeline safety regulations
Role of the Council
The Council’s Street Works team is responsible for issuing and managing Section 58 restrictions. This includes notifying relevant parties, assessing exemption requests, and coordinating the scheduling of planned resurfacing works.
List of Protected Streets
A list of streets currently subject to Section 58 restrictions, as well as details of upcoming resurfacing schemes, can be viewed in our Section 58 directory.