Placing apparatus in the public highway

What permissions do I need to place apparatus in the highway?

If you need to excavate on publicly-maintained land, for example to install a new water pipe or another utility service, you must have a license AND a permit. Publicly maintained land includes highways, footpaths, verges and cycleways.  You need to apply to the East Riding of Yorkshire Council Street Works team for a licence, as defined in Section 50 of the New Roads and Street Works Act 1991 (NRSWA). 

Apparatus covered by the licence

This term includes, but is not limited to:

• drains
  
• cables
  
• ducts
  
• sewer pipes
• water and gas pipes both under, over across and along the highway. 

Applicability

The Licence applies to any person or organisation (other than anyone acting under a statutory right) who wishes to place, retain, inspect, maintain, adjust, repair, relocate, alter, renew or remove apparatus from the highway. 

This includes opening up the highway or boring beneath the highways in relation to the apparatus. 

The Licence can only be granted to the owner of the apparatus, a licence will not be issued to a third party who may install or maintain the apparatus on behalf of the owner.  A competent contractor can assist you with the planning and completion of the application. 

The Licence must be applied for before any work is undertaken or due to start. 

Any works undertaken must be carried out by Accredited Street Works Operatives and Supervisors, as defined by the NRSWA.

Read more guidance before you apply:

Full guidance notes

Find out more about the new East Riding Street Works Permit Scheme:

East Riding Street Works Permit Scheme

How do I apply for a licence?

Complete and submit the application form SWL2 together with the following items:

• A 1:2500 plan
  
• The fee see highway charges
  
• An inspection fee for each 200m length or part thereof
  
• All relevant forms
  
• Temporary traffic management forms (if applicable)
• Utility plans (we may require approval from utility providers).

For more information please read the full guidance notes.

Find out more about permits:

East Riding Street Works Permit Scheme

How long will it take?

Most applications are likely to be processed within 10 weeks and we will then contact you to confirm our decision.

However, there will be occasions, particularly for more complex applications, where the council is unable to make a quick decision or may need more information to help reach a decision. 

The Street Works team are not liable for any delays arising to your project from a delay to making a decision on your application.

Do I need a contractor?

A competent contractor will be able to assist you to complete the application form. 

You will need to ensure that they have the relevant experience and knowledge of the Act. 

They should show you they will use a site supervisor and operatives with the correct accreditation, but it is your responsibility to ensure that they have this accreditation. 

If your contractor is reliable and produces quality work he should not have a problem guaranteeing his works for the required two or three-year period. 

Please note: that the Licence places the responsibility on you to guarantee the street works and so you should ensure the same from your contractor.

Who do I need to inform?

During the period the Licence is being processed, the council is required to notify all statutory undertakers about the works. 

The statutory undertakers are obliged to identify whether their apparatus will be affected by the proposed street works. 

The Street Works team will establish if any other undertaker or relevant authorities have apparatus in the street i.e. other Section 50 Licence holders. 

The Licensee is required to inform affected frontages of the work at least four weeks in advance of any activity. This could be achieved, for instance, by letter drop or public exhibition.

 How much notice do I need to give?

This depends on the duration and extent of the proposed works.

Major works

Major works involve either a road closure or have a planned duration of 11 working days or more. 

What you need to submit

Application must have been submitted 18 weeks in advance of the works commencing date. 

The Licensee must submit an advanced notification of planned work a minimum of 3 months in advance of any planned works (Form SWL4a). Additionally, they must give 10 working days’ notice of the intended starting date to the street authority (Form SWL4b).

Upon commencement of works, the actual start of works must be notified, to the street authority by the end of the next working day (form SWL4c). 

Standard works

Standard works have a planned duration of 4 to 10 working days. 

What you need to submit

Application must been submitted 10 weeks before the works' commencing date.

The Licensee must submit an advanced notification of planned work a minimum of 1 month in advance of any planned works (Form SWL4a). Additionally, they must give 10 working days’ notice of the intended starting date to the street authority (Form SWL4b).

Upon commencement of works, the actual start of the works must be notified to the street authority by the end of the next working day (Form SWL4c). 

Minor works

Minor works have a planned duration of three working days or less. 

What you need to submit

Application must have been submitted 10 weeks in advance of the works commencing date. 

The Licensee must submit an advanced notification of planned work a minimum of 1 month in advance of any planned works (Form SWL4a). Additionally they must give 10 working days’ notice of the intended starting date to the street authority (Form SWL4b).

Upon commencement of works, the actual start of the works must be notified to the street authority by the end of the next working day (Form SWL4c).

Immediate works

Immediate activities are emergency works. This may also include corrective works to dangerous defects.

They are works that are needed to:

• stop an unplanned interruption of any supply or service provided by the company 
• avoid substantial loss to the company in relation to an existing service
• reconnect supplies or services where the company would be under a civil or criminal liability if the reconnection is delayed.

These types of activities may start without a licence.

If you need to carry out immediate works you must submit an application within 2 hours of the works starting (or by 10am on the next working day where the Authorities' contact line is not staffed out-of-hours).

For more detailed information please read the full guidance notes. 

Other notice periods

The Street Works team may need more time to process the application in certain circumstances, for example, for works that may have a significant impact on traffic flow on strategic routes or lead to lengthy road closures.  

Shorter notice periods may also be possible but must be agreed by the Street Works team in conjunction with the statutory undertakers likely to be affected. 

Please contact us via email for further guidance:

Email: streetworks@eastriding.gov.uk

For more information please read the full guidance notes:

Full guidance notes 

Find out more about the new East Riding Street Works Permit Scheme:

East Riding Street Works Permit Scheme

Can I place any traffic management?

Where additional traffic management is required as part of the works, a separate temporary traffic management form must also be submitted with the original application or following advice from the Street Works team (Form SWL8). 

What do I do when I’ve finished the works?

It is the responsibility of the Licensee to inform the Street Works team of the completion of the reinstatement of the works by the end of the working day following the completion stating whether the reinstatement is interim or permanent (form SWL5).

What about future maintenance?

A Section 50 licence covers the installation and maintenance of the apparatus until it either adopted by a Utility company or the apparatus is removed.  A new Licence is not required for future maintenance work but permission MUST be obtained where maintenance requires excavation in or occupation of the highway (form SWL2).

If future maintenance requires new apparatus to be installed in a different location to that covered by the current licence, a new Licence will be required.

Where do I send completed applications and payment?

Completed application forms should be emailed to us at:

Email: streetworks@eastriding.gov.uk

Payment, which must be made at the time of application, can be made by telephone to the Street Works team on (01482) 393939.

Applications can also be made by sending forms and cheques to:

NRSWA Team
Beverley Depot
Annie Reed Road
Beverley
East Riding of Yorkshire
HU17 0LF.

Payment, which must be made at the time of application can be made by telephone to the Street Works team on (01482) 395050.

All works progress notifications must be made to:

Email: streetworks@eastriding.gov.uk.

Can I download guidance notes and forms?

SWL1 Section 50 guidance notes for applicants (pdf 135kb)

SWL2 Section 50 application to place apparatus in the highway (pdf 303kb)

SWL4a Street Works advanced notification of planned works (pdf 353kb)

SWL4b Street Works confirmation of planned works (pdf 172kb)

SWL4c Street Works notice of works start (pdf 179kb)

SWL5 Street Works notice of works stop and registration (pdf 284kb)

SWL7 Street Works controlled waste transfer note (pdf 118kb)

SWL8 Street Works temporary traffic management application (pdf 331kb)