Permit scheme for road works and street works
8. Permit conditions
The Permit Scheme allows for the Permit Authority to specify conditions, in line with the statutory guidance, that will be applied to permits. Any permit granted will specify in detail the activity and will reflect any conditions on the original application. If the activity strays outside the scope of the permit it becomes subject to a variation agreement. If an agreement is not sought by the Activity Promoter, or not agreed by the Permit Authority, then the authority will be able to take appropriate enforcement action.
8.2. Breaching of Conditions
Regulation 20 of the permit regulations provides that it is a criminal offence for a statutory undertaker or a person contracted to act on its behalf to breach a permit condition.
If the Permit Authority considers that a promoter is failing to comply with the conditions of a permit then it may revoke the permit. The Permit Authority will contact the promoter to warn them of its intention to revoke a permit, and allow the situation to be discussed.
Where it appears to the Permit Authority that a condition has been breached and that the promoter or a person contracted to act on its behalf has committed an offence, the Permit Authority will take appropriate action as described in Section 14.
8.3. Condition Types
The conditions imposed are those set out in the Statutory Guidance for Highway Authority Permit Schemes: Permit Scheme Conditions, or subsequent statutory guidance. Where conditions are applied to permits the wording and numbering set out in the Statutory Guidance must be used.
8.4. Works for Road Purposes Conditions
The Highway Authority is to consult with any person who has apparatus likely to be affected by the permit activities
The Highway Authority is to take all reasonably practicable steps to comply with any requirement made by that person which is reasonably necessary for the protection of the apparatus or for securing access to it.
8.5. Avoidance of Conflict with Other Legislation
The Permit Authority should try to ensure that any conditions applied to a permit do not conflict with the Activity Promoter’s obligations under separate legislation. The Activity Promoter should bring such conflicts to the attention of the Permit Authority, who will then be responsible for resolving the issue with the other body and amending the permit conditions accordingly.
All parties should promote safe working practices and act reasonably and responsibly.
If the Activity Promoter has safety concerns about conditions set by the Permit Authority, it should raise these concerns with the Permit Authority, and if necessary challenge the condition.
8.6. Permit Authority Imposed Conditions
The Permit Authority may impose further conditions prior to the granting of a permit where this is deemed necessary. The imposition of such conditions will be after discussion with the promoter of the activity, and the conditions will be included in a modified application and the subsequent permit.
8.7. Revisions to Conditions
The statutory permit conditions have been developed and consulted on by the sector (the Highways Authority and Utilities Committee (England)). The conditions contained within the statutory guidance, or subsequent statutory guidance may be amended from time to time.