Permit scheme for road works and street works
9. Permit applications
9.1. Timing of Applications
The timing of applications for permits and PAAs, and the Permit Authority’s response time, will vary according to the proposed activity. The minimum times are given in Table 1 below. Activity Promoters should give as much notice as possible, so as to facilitate the coordination process.
Where the activity is dependent on a Temporary Traffic Regulation Order, temporary traffic signal approval or the suspension of parking regulations, the relevant timescales should be taken into account and applicants are advised to submit their requests for TTROs and/or temporary traffic signal approval when applying for a PAA.
The application process will begin when the Permit Authority receives the application, not when the permit was sent.
9.2. Submitting an Application
Permit and PAA applications should be made electronically, however if there is a failure in the electronic system, or the promoter does not have access to electronic systems, paper application will be acceptable.
9.3. System Failure
In the event of a system failure, promoters shall adopt the following procedure:
- Where, after three attempts to give an application or a notice by the Electronic Management System (duly recorded by the person serving the application or notice), the application or notice cannot be given, notification should be given by telephone or fax for immediate activities with formal Electronic Management System application or notice following as soon as reasonably practicable. Other applications or notices may be given by other electronic means (e.g. email or fax), or may be sent by post or delivered by any other method agreed with the Permit Authority.
- Where applications or notices are sent by first class post, promoters should take into account that there is no guarantee that they will be delivered to the Permit Authority the next day.
- Audit trails and systems must be set up to demonstrate proof of writing and to record delivery of permit applications.
- In the event of complete system failure, any permit variation application or information or discussion should be made by telephone to the appropriate contact given in Appendix C. The officer concerned will issue an individual reference number. This reference number must be displayed on the electronic application through the Electronic Management System following recovery of service to ensure correct crossreferencing.
- Following recovery of the service, a copy of the application or notice should be sent through the Electronic Management System to ensure information on the activities is correctly recorded in the register.
- Fixed Penalty Notices (FPNs), Section 74 charges and any other penalties that result due to system failures may be waived provided that the Activity Promoter informs the Permit Authority about the system failure.
9.4. One Application Per Street
Each application shall refer to one activity in only one street as per Section 4.3. Where a project covers more than one street, all related applications must be cross-referenced and the project reference included on each application. Single applications containing activities in more than one street will not be accepted by the Permit Authority.
9.5. Use of Plain English
The description of activities must be in plain English, avoiding industry jargon, and standard descriptions be consistently used.
9.6. Notification to Interested Parties
Where the Additional Street Data (ASD) indicates other interested parties, the Permit Authority will check whether any parties have registered an interest prior to an application for a permit or PAA being granted, and will notify the interested party.
9.7. Communication and Publicity Requirements
Activity Promoters must carry out necessary consultations as set down in Sections 88, 89 and 93 (as amended) and Sections 90 and 91 of the NRSWA, dealing with notification to bridge, transport and sewer authorities.
Consultations with Network Rail are the same as withNRSWA.
Reference must be made to the regulations current at the time.
9.8. Application and Response Times
The Permit Scheme sets down the application and response times for dealing with permit applications and variation applications in the table below. In all cases given in Table 1, the time period is measured from the time of receipt of the application by the Permit Authority, in accordance with the application and response time rules. A “response” means a decision to grant or refuse a permit, but where there are reasons why the permit cannot be granted on the terms applied for, the response indicating that a permit will not be granted on those terms will explain the reasons to the applicant.
|Activity||Application for Provision Advanced Authorisation (PAA)||Permit applications|
1 calendar month
2 days or 20% of the original duration, whichever is longest
The response times contained within the statutory guidance, or subsequent statutory guidance may be amended from time to time.
The term “days” in the table above refer to working days as defined in NRSWA and the Regulations.
9.9. Refusal of Permit Applications
Where an application for a permit meets the relevant requirements of the permit scheme, the Permit Authority shall grant the permit. A Permit Authority cannot refuse legitimate activities but does reserves the right to refuse an application for a permit or PAA where it considers elements of the application to be unacceptable, for example timing, location or conditions.
9.10. Restrictions on Activities Due to Embargoes
Where a promoter wishes to apply for a permit to carry out specified activities on a specified street where a notice has been published under Sections 58 or 58A of NRSWA, and the activities are not covered by the specific exemptions of that notice, the promoter must make an application for the Permit Authority’s consent specifying the grounds on which the consent is sought.
If the consent is given, the Permit Authority will provide an agreement reference number. This agreement reference number must be included in the specific Electronic Management System field for agreement details with the permit application for the permit to be approved.
9.11. Error Correction
Where the Permit Authority identifies an error in data recorded in, or submitted for recording in, the permit register, it will contact the Activity Promoter to discuss and agree the corrections to be made. Where the promoter identifies an error, they should contact the Permit Authority to discuss and agree the corrections to be made.
If an error has been identified on an application, the promoter shall submit a permit variation request by the end of the next working day following the agreement of the correction. This permit variation request should include the corrected data and the name of the person in the Permit Authority who agreed that the correction should be made.
This procedure cannot be used without the prior agreement of both parties. A variation fee will not be applicable if the error correction is requested prior to the permit being granted by the Permit Authority. If the permit has been granted, a variation fee may be applicable.