Street Works Licence (Section 50) guidance

Introduction

Utility companies and some other organisations have statutory powers to, install, maintain and repair. 'apparatus' in the 'public highway'.

These are commonly known as 'Statutory Undertakers' and have a legal right to carry out street works in line with the requirements of New Road and Street Works Act 1991 (NRSWA).

This is only after obtaining a permit from the relevant highway authority under the Traffic Management Act 2004 (TMA).

Any organisation or individual that is not a Statutory Undertaker must apply for a Section 50 Licence, also known as a Street Works Licence (SWL), under Section 50 of the NRSWA from the relevant Highway Authority if it wants to:

  • place, or to retain, apparatus in the highway
  • carry out any works that requires the opening up of the highway, or any sewer, drain or tunnel under it, or tunnelling or boring under the highway

Such organisations or individuals may be, but not limited to:

  • housing developers
  • electric vehicle chargepoint installers
  • commercial companies linking their sites
  • private residents
  • those installing and maintaining private drainage

The SWL is also likely to cover additional activities to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it.

Those who hold a SWL are in definition of the NRSWA an ‘Undertaker’. It is a statutory duty for the owner(s) of the apparatus to ensure it is always properly maintained.

These works must be done in a responsible manner and must observe and comply with:

  • the provisions of the regulations
  • orders and codes of practice made under the NRSWA

Southend-on-Sea City Council (the Council) are the Highway Authority for the city and as a result, we must uphold the requirements of the NRSWA.

The term 'public highway' includes:

  • the carriageway
  • the footway
  • the verge

The term 'apparatus' includes:

  • drains
  • cables
  • ducts
  • sewer pipes
  • water and gas pipes
  • structures such as cabinets, bus shelters and support poles

A more complete list can be found on the DfT website.

Both Statutory Undertakers and Undertakers need to apply for a permit in advance of carrying out works on the highway.

On this series of pages you can find information and guidance in relation to:

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