What is a Section 50 highways?
Any person or organisation who wishes to carry out works on a highway, will need to apply for a street works licence (Section 50 Licence). This requirement does not apply to anyone acting under a statutory right.
How much does a Section 50 cost?
A licence costs: Section 50 – £655 per application (£5000 refundable deposit)
Who can dig up a road?
Anyone planning to carry out work on or under a road, pavement or footpath (public highway) must notify us first, under the New Roads and Street Works Act 1991. Work can only be carried out by: council contractors. utility companies (known as statutory undertakers)
What is Section 58 of the Highways Act?
Section 58 serves a two-fold purpose: it aims to prevent the street from being dug up within a short while of being resurfaced or reconstructed and it seeks to avoid repetitive disruption of traffic by works being carried out in the street.
What is a section 171 Licence?
Section 171 of the Highways Act 1980 allows for persons to temporarily deposit building materials or other items in a street, or to make a temporary excavation, as long as they have the consent of the relevant highway authority. If consent is refused, the person is entitled to appeal to a magistrate’s court.
Can I dig up a road?
Statutory undertakers and licences Certain companies or public bodies have a legal right (under the New Roads and Street Works Act) to dig up roads in order to install new pipes, cables, etc, or to maintain their existing ones. These are known as statutory undertakers.
What happens if there is no Section 38 agreement?
In there is no Section 38 Agreement in place or there have been significant delays in adoption despite one, it is strongly recommended that the buyer, through their solicitor, retains some of the purchase price of the property to pay for possible road works in the future.
How long does a Section 38 last?
How long does it last and what happens next? Section 38 lasts for a period specified by the court which cannot be more than 12 weeks, and can be renewed by the court for further periods of 28 days at a time, and cannot remain in force for more than 12 months.
What is a section 278?
A section 278 agreement (or s278) is a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the council (in our capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.
What is a Section 38 agreement?
A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.
Where does section 50 Street Works licence come from?
Section 50 Street Works Licences are issued under the New Roads and Street Works Act 1991 (NRSWA). NRSWA is the primary source of legislation governing street works licences and associated procedures.
What are the powers of Highways England under the new roads and Street Works Act 1991?
Highways England in exercise of its powers under section 50 (1) of the New Roads and Street Works Act 1991 and all other enabling powers hereby permits the Licensee at any time after the date of this licence and subject to the conditions in clauses 3 to 7 below and those contained in Schedule A attached to this licence-
How long is a section 50 licence in Essex?
Essex Highways, on behalf of Essex County Council, provides two durations of Section 50 Licences, a 5 year or 25 year Section 50 Licence. 5 year licence – can only be issued, if written confirmation is sent in with the application confirming that the apparatus is to be adopted by the relevant utility company (gas, water, electric)
Do you need a section 50 or Section 171 licence?
Apply for a Section 50 or Section 171 Licence Section 50 Licence You need a section 50 licence if you need to place or retain apparatus in the street. The licence allows for breaking open the street or any sewer, drain, or tunnel underneath. A section 50 licence costs £640. A retrospective section 50 licence costs £1270.
