Permit scheme for road works and street works

In the context of the permit scheme:

• "Activity": Any works undertaken by statutory undertakers and the Highway Authority, and any other works that may be covered in future regulations. An activity is defined, within the scope of this scheme, as one project which may involve multiple excavations in the same street as predefined by the works promoter in the permit application. Activities not related to this project are to be classified as a separate activity and will require a separate permit.
• "Activity Promoter" or "promoter": A person or organisation responsible for commissioning activities in the streets covered by the Permit Scheme. The promoter will usually be a statutory undertaker or the highway or traffic authority.
• "Additional street data Additional Street Data (ASD)": other information about streets held on the NSG concessionaire’s website alongside the NSG.
• "Apparatus": as defined in Section 105(1) of NRSWA "apparatus includes any structure for the lodging therein of apparatus or for gaining access to apparatus".
• "Appeal": If there is an unresolved disagreement between the Activity Promoter and the Permit Authority about the terms and conditions of the permit or PAA, the promoter may appeal against the Permit Authority’s decision.
• "Bank holiday": as defined in Section 98(3) of NRSWA, "bank holiday means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which the street in question is situated".
• "Breaking up (the street)": any disturbance to the surface of the street (other than opening the street).
• "Bridge": as it says in Section 88(1)(a) of NRSWA, "references to a bridge include so much of any street as gives access to the bridge and any embankment, retaining wall or other work or substance supporting or protecting that part of the street".
• "Bridge Authority": as defined in Section 88(1)(b) of NRSWA, "bridge authority means the authority, body or person in whom a bridge is vested"
• "Carriageway": as defined in Section 329 of HA 1980, "carriageway means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles.
• "Code of practice for permits": as published by the Department for Transport March 2008.
• "Collaborative working": Includes trench sharing, multi utility working, utility/works for road purposes situations and compliance testing.
• "Cycle track": as defined in Section 329 of the HA 1980, "cycle track means a way constituting or comprised in a highway, being a way over which the public have the following, but not other, rights of way, that is to say, a right of way on pedal cycles with or without a right of way on foot".
• "Day": a working day, unless explicitly stated otherwise.
• "Emergency works": as defined in Section 52 of NRSWA, "emergency works means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property".
• "Electronic Management system": the system for passing notices. Permit applications, permits and other information between promoters and the Permit Authority.
• "Excavation": "Breaking up" (as defined above).
• "Fixed Penalty Notice": as defined in Schedule 4B to NRSWA, "fixed penalty notice means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty".
• "Footway": as defined in Section 329 of the HA 1980, "footway means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only".
• "Geographical Information System (GIS)": A computer system for capturing, storing, checking, integrating, manipulating, analysing and displaying data related to positions on the Earth’s surface.
• "Guidance": statutory guidance for Highway Authority Permit Schemes. Permit Scheme Conditions dated March 2015 issued by the Secretary of State pursuant to section 33(5)(b) of the 2004 Act.
• "HA 1980": The Highways Act 1980.
• "Highway" or "Road": as defined in Section 328 of the HA 1980, "highway means the whole or part of a highway other than a ferry or waterway".
• "Highway Authority": as defined in Sections 1 and 329 of the HA 1980.
• "Highway works": "Works for road purposes" or "major highway works".
• "Immediate activities": as stated in Section 9.2.4, immediate activities are either emergency works as defined in Section 52 of NRSWA or urgent works as defined in The Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007.
• "In": as defined in Section 105(1) of NRSWA, "in, in a context referring to works, apparatus or other property in a street or other place includes a reference to works, apparatus or other property under, over, along or upon it".
• "Local Authority": as defined in Section 270(1) of the Local Government Act 1972(a) and includes the Common Council of the City of London.
• "Local Highway Authority": as defined in Section 329 of HA 1980, "local highway authority means a highway authority other than the Minister".
• "Main roads": all streets in reinstatement categories 0, 1 and 2 and those streets in categories 3 and 4 which are traffic sensitive for all or part of the time.
• "Maintainable highway": as defined in Section 329 of HA 1980, a "highway maintainable at the public expense means a highway which by virtue of Section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense".
• "Maintenance": as defined in Section 329 of HA 1980, "maintenance includes repair, and "maintain" and "maintainable" are to be construed accordingly.
• "Major activities": as stated in Section 9.2.1 of the Code of Practice for Permits, major activities are activities which have been identified in a promoter’s annual operating programme, or if not identified in that programme, are normally planned or known about at least six months in advance of the date proposed for the activity; or activities, other than immediate activities, where (a) the authority has indicated to the promoter, or (b) the promoter considers, that an order under section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction on roads) is required; or activities, other than immediate activities, which have a planned duration of 11 days or more”.
• "Major highway works": as defined in Section 86(3) of NRSWA, "major highway works means works of any of the following descriptions executed by the Highway Authority in relation to a highway which consists of or includes a carriageway:
  (a) a reconstruction or widening of the highway
  (b) works carried out in exercise of the powers conferred by Section 64 of the Highways Act 1980 (dual carriageways and roundabouts)
  (c) substantial alteration of the level of the highway
  (d) provision, alteration of the position or width, or substantial alteration in the level of a carriageway, footway or cycle track in the highway
  (e) the construction or removal of a road hump within the meaning of Section 90F of the Highways Act 1980
  (f) works carried out in exercise of the powers conferred by Section 184 of the Highways Act 1980 (vehicle crossings over footways and verges)
  (g) provision of a cattle grid in the highway or works ancillary thereto
  (h) tunnelling or boring under the highway"
• "Minor activities": as stated in Section 9.2.3, minor activities are those activities other than immediate activities where the planned duration is 3 days or less.
• "Minor roads": streets in reinstatement categories 3 and 4 which are not traffic sensitive at any time.
• "National grid reference": location reference using nationally defined eastings and northings.
• "Nationally Consistent Street Gazetteer (NSG): a database defined as an “index of streets and their Street gazetteer (NSG) geographical locations created and maintained by the local highway authorities” based on BS 7666 standard.
• "NRSWA": New Roads and Street Works Act 1991.
• "NSG Concessionaire": the body appointed to manage the NSG on behalf of the local highway authorities.
• "Opening (the street)": removing a lid or cover to a manhole, inspection chamber, meter box or other structure embedded in the street without any "breaking up" of the street.
• "Order": a document signed by a person authorised by the Permit Authority to give effect to , vary or revoke a permit scheme.
• "Permit": the approval of a Permit Authority for an Activity Promoter to carry out activity in the highway subject to conditions.
• "Permit application": See Section 9. The application that is made by a promoter to the authority to carry out an activity in the highway. It is equivalent to the notice of proposed start of works (Section 55 of NRSWA) given under the Coordination regime.
• "Permit Authority": ’Permit Authority’ in relation to a permit scheme, means the relevant local highway authority or strategic highway company which has prepared a permit scheme under section 33(1) or (2) of the 2004 Act.
• "Permit Scheme": an approved scheme by Order under which permits for activities are sought and given.
• "Promoter": a person or organisation responsible for commissioning activities in the streets covered by the Permit Scheme. The promoter will usually be a statutory undertaker or the highway or traffic authority.
• "Protected Street": any street that serves a specific strategic major traffic need and therefore needs to be protected from unnecessary excavation and works and providing there is a reasonable alternative route in which undertakers can place the equipment that would otherwise lawfully have been placed in the protected street.
• "Provisional Advance Authorisation": see Section 5.1. The early approval of activities in the highway, equivalent to the advance notice given under Section 54 of NRSWA.
• "Registerable": registerable activities correspond to specified works in the regulations.
• "Reinstatement": as defined in Section 105(1) of NRSWA, "reinstatement includes making good".
• "Relevant authority": as defined in Section 49(6) of NRSWA, "references in this Part to the relevant authorities in relation to any works in a street are to the street authority and also (a) where the works include the breaking up or opening of a public sewer in the street, the sewer authority; (b) where the street is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and (c) where in any other case the street is carried or crossed by a bridge, the bridge authority".
• "Remedial work": remedial works are those required to put right defects identified in accordance with the provisions of the Code of Practice for Inspections and regulations.
• "Road works": works for road purposes.
• "Special Engineering Difficulties (SED)": by virtue of Section 63 of NRSWA, the term special engineering difficulties relates to streets or, more commonly, parts of streets associated with structures, or streets of extraordinary construction where street works must be carefully planned and executed in order to avoid damage to, or failure of, the street itself or the associated structure with attendant danger to person or property.
• "Specified Area": that geographical area to which the Permit Scheme applies.
• "Specified Street": those streets to which the Permit Scheme applies.
• "SROH": specification for Reinstatement of Openings in the Highway.
• "Standard activities": standard activities are those activities, other than immediate activities, that have a planned duration of between 4 and 10 days inclusive.
• " Statutory undertaker": a person entitled by virtue of a statutory right to carry out street works.
• "Strategically significant streets": defined as including traffic sensitive streets as defined under Regulation 16 of The Street Works (Registers, Notices, Directions and Designations)(England) Regulations 2007 as well as streets which fall into reinstatement categories 0,1,or 2 as defined in Section 1.3 of the Statutory Reinstatement on Highways 2010.
• "Street": as defined in Section 48(1) of NRSWA, "street means the whole or any part of any of the following, irrespective of whether it is a thoroughfare (a) any highway, road, lane, footway, alley or passage; (b) any square or court; (c) any land laid out as a way whether it is for the time being formed as a way or not".
• "Street Authority": as defined in Section 49(1) of NRSWA, "the street authority in relation to a street means, subject to the following provisions (a) if the street is a maintainable highway, the highway authority, and (b) if the street is not a maintainable highway, the street managers".
• "Street works": as defined in Section 48(3) of NRSWA, "street works means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence: (a) placing apparatus; or (b) inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street".
• "Street works licence": as stated in Section 50(1) of NRSWA, "the street authority may grant a licence (a "street works licence") permitting a person (a) to place, or to retain, apparatus in the street, and (b) thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it, and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
• "TMA": the Traffic Management Act 2004.
• "Traffic": as defined in Section 105(1) of NRSWA, "traffic includes pedestrians and animals".
• "Traffic control": any of the five methods of controlling traffic detailed in the Code of Practice "Safety at Street Works and Road Works".
• "Traffic regulation order": this means an order made under Section 1, 6 or 9 of the Road Traffic Regulation Act 1984.
• "Traffic sensitive street": a street designated as traffic sensitive under section 64 of the New Roads and Streetworks Act 1991(a).
• "Traffic sensitive time":
  (a) the times or dates specified in the case of a limited designation; and
  (b) any time in any other case
• "Transport Authority": as defined in Section 91(1) (a) of NRSWA, "transport authority means the authority, body or person having the control or management of a transport undertaking".
• "Trunk road": as defined in Section 329 of the HA 1980, "trunk road means a highway, or a proposed highway, which is a trunk road by virtue of Section 10(1) or section 19 above or by virtue of an order or direction under section 10 above or under any other enactment".
• "Undertaker": as defined in Section 48(4) of NRSWA, "undertaker in relation to street works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be".
• "Unique Street Reference Number (USRN)": as defined in the British Standard BS7666.
• "Urgent activities": urgent activities are (a) activities (not being emergency activities) whose execution at the time they are executed is required (or which the person responsible for the activity believes on reasonable grounds to be required) (i) to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker; (ii) to avoid substantial loss to the undertaker in relation to an existing service; or (iii) to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period; and (b) includes activity that cannot reasonably be severed from such activities.
• "Working day": as defined in section 98(2) of NRSWA, "for the purposes of this Part a working day means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; and a notice given after 4.30 p.m. on a working day shall be treated as given on the next working day".
• "Works": street works or works for road purposes.
• "Works for road purposes": as defined in Section 86(2) of NRSWA, "works for road purposes means works of any of the following descriptions executed in relation to a highway:
  (a) works for the maintenance of the highway
  (b) any works under powers conferred by Part V of the Highways Act 1980 (improvement)
  (c) the erection, maintenance, alteration or removal of traffic signs on or near the highway
  (d) the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles"