Permit scheme for road works and street works

Last updated: 28 April 2022

15. Overrun charging regime

15.1. Section 74

Section 74 of NRSWA enables Highway Authorities to charge undertakers if their activities in the publicly maintained highway are unreasonably prolonged. Buckinghamshire Council intends to run a scheme for overrun charges under Section 74 of NRSWA to operate alongside the Permit Scheme.

The requirements for overrun charges are set out in the regulations made under Section 74 of NRSWA (the Section 74 regulations).

The Section 74 regulations may be subject to change from time to time in which case the amended or replacement regulations will apply. For details of the Section 74 operation, reference must be made to the regulations current at the time.

The Section 74 regulations current at the time will continue to apply but the operation of the overstaying regime is modified under the Buckinghamshire Council Permit Scheme to incorporate the process of setting and modifying the duration of the activity (or “works” in Section 74 terms) through the permit application, approval and variation processes.

Activities carried out by an Activity Promoter on behalf of a Highway Authority, or by the Highway Authority themselves, are not subject to Section 74 overrun charges. However, under the Buckinghamshire Council Permit Scheme, promoters of such activities will be required to follow the same procedures as promoters who are undertakers.

15.2. Charging regime

The charges are set in Section 74 of the Regulations and any other Regulations or Codes of Practice that apply at the time.

The Highway Authority will endeavour to ensure that the facts used for proposing charges are accurate and in line with the current regulations.

Where the works promoter can provide evidence that the dates given in Section 74 notices are incorrect, the charges applied will be based on the evidence. If incorrect information has been given in a notice and proven by the works promoter, the Highway Authority may issue an FPN if it considers that an offence has been committed.

The burden of proof is with the works promoter to prove that a physical overrun has not occurred in these circumstances. If no evidence can be provided, Section 74 charges will be applied in relation to the information provided in the notice.

15.3. Remedial works

Remedial works to rectify defective reinstatements will be dealt with as a new activity with its own permit, following the full procedures accordingly.

Any overrun on remedial works will be charged at the rate appropriate as set out in the Section 74 regulations.

15.4. Separation of permit fee accounts

Section 74 overrun charges and Permit Scheme fees will be kept in separate accounts for audit purposes.