Permit scheme for road works and street works
19. Appendix A: disapplication and modification of NRSWA
Promoters’ duties: disapplied sections of NRSWA
Disapplication of NRSWA The permit regulations disapply or modify certain sections of NRSWA. In permit areas the duties of Activity Promoters and Street Authorities under the following sections of NRSWA are replaced by equivalent duties imposed under Part 3 of the TMA and the Regulations.
- 'S53: The street works register' was disapplied as permit regulations prescribe similar provisions for permit registers
- 'S54: Advance notice of certain works' was replaced by applications for provisional advance authorisation
- 'S55: Notice of starting date' was replaced by applications for permits
- 'S56: Power to direct timing of street works' was replaced by permit conditions and variations, including those initiated by the Permit Authority
- 'S57: Notice of emergency works' was replaced by applications for immediate activities.
- 'S66: Avoidance of unnecessary delay or obstruction' was replaced by equivalent provisions for permit authorities to require promoters in breach of the permit requirements to take remedial action and failing that for the Permit Authority to act. 24 hour compliance period to be replaced with a requirement for promoters to comply within a reasonable specified period determined by the circumstances
Promoters’ duties: modifications to NRSWA
The Permit Regulations modify the following sections of NRSWA to accommodate the issuing of permits rather than the exchange of notices:
- 'S58: Restriction on works following substantial road works' modified as the authority’s ability to grant permits with start and end dates replaces directions to start work covered in S 58 (5) to (78). The regulations provide the equivalent of S 58A powers by allowing authorities to take into account whether promoters responded to the S 58 notice by submitting an application for their planned activities
- 'S58A: Restriction on works following substantial street works' modified as Schedule 3A is modified to work in conjunction with permits
- 'S64: Traffic-sensitive streets' modified as permit regulations provide that permit applicant are notified of proposals to designate streets as traffic-sensitive streets
- 'S69: Works likely to affect other apparatus in the street' were effectively extended as permit regulations create an equivalent requirement on Highway Authority promoters
- 'S74: Charge for occupation of the highway where works are unreasonably prolonged' modified as permit regulations make provision to operate in parallel with permits
- 'S88: Bridge, bridge authorities and related matters' modified to work in conjunction with permits.
- 'S89: Public sewers, sewer authorities and related matters' modified to work in conjunction with permits
- 'S90: Provisions as to reinstatement of sewers, drains or tunnels' modified to work in conjunction with permits
- 'S93: Works affecting level crossings or tramways' modified to work in conjunction with permits
- 'S105: Minor Definitions' modified to work in conjunction with permits
- 'Schedule 3A: Restrictions following substantial street works' modified to work in conjunction with permits
NRSWA imposes various restrictions on all undertakers, such as procedures for working on streets with special engineering difficulties or near to level crossings.
To maintain equal treatment for all promoters under Permit Schemes, authorities should apply equivalent requirements to Highway Authority promoters, even though they may be part of the same local authority, as they do to utilities and other promoters.
The TMA aims to mandate the Safety Code of Practice, issued under Section 65 of NRSWA, in the longer term. Section 71 of the TMA makes provision for this but until it is implemented authority Activity Promoters are encouraged to comply with the safety code within the permit regime.
It is suggested that Permit Authorities attach a condition, to this effect, to permits for highway activities.