Permit scheme for road works and street works

Where the Permit Authority is content with the proposal, it will grant a permit within the response times detailed in Table 1 above via the Electronic Management System.

A permit will be granted electronically with the details placed on the permit register and copies supplied to any promoter, authority or other relevant body that has asked to be informed about activities on a particular street. The permit will specify in detail the activity it allows and its duration. Once the Permit Authority has been notified of a promoter’s system failure, the Permit Authority will contact the Activity Promoter and agree an alternative method by which permit should be sent.

A permit will be sent electronic communication to the promoter for every permit that is granted and will include all the conditions identified in the application that is being granted.

To prevent ambiguity as to whether the permit is valid, even at weekends or on Bank Holidays, the start and end dates should be in calendar days. This is important for the operation and enforcement of Permit Schemes given the penalties for working without a permit.

If the permit allows working at weekends or on Bank Holidays, the permit start and end dates should accommodate that, even if those days do not count towards the reasonable period for Section 74 of NRSWA or the starting window.

It should be noted that if the permit states that the works should start on Monday and finish on Friday, the weekend cannot be used as additional days without the express approval of the Permit Authority by means of a permit variation.

All permits will be given a unique reference number and permits granted for linked activities will include the common project reference to enable them to be cross-referenced.

In the event of remedial activities being required after the expiry of the permit, an application must be made for a new permit. The new permit must be cross-referenced to the permit for the original activity, always using the original Electronic Management System activity reference used in the first and subsequent phases.

If, having considered an application for a permit or PAA, the Permit Authority decides to refuse the application, the permit refusal will be sent electronically. It will explain precisely why the application is unsatisfactory and which aspects need modification.

The Activity Promoter has a right of appeal, in accordance with the dispute resolution process set down in the Code of Practice for Permits. If it is not possible for the Activity Promoter to reach a satisfactory resolution in discussions with the Permit Authority, it may be necessary for the activity to stop until the issues are resolved. In the case of immediate activities, stopping the activity may be subject to safety and legal considerations.

If the Permit Authority fails to reply to an application for a permit or PAA within the designated response times, the permit or PAA is deemed to be granted on the terms of the application.

The proposed start and end dates, description, location, duration, traffic management etc. will be included in the permit and associated conditions for the activity and will then be binding on the Activity Promoter in the same manner as if the permit had been granted within the timescale. Breaching the conditions will constitute an offence. In cases of deemed permits, no permit fee will be applicable.

Where the Permit Authority discusses its intention with the Activity Promoter to impose further conditions, which effectively amend the details of the original application, the Activity Promoter shall modify and resubmit the application.

There will be no charge for the variation if instigated by the Permit Authority. If the variation is instigated by the promoter, permit variation charges will apply if the preceding application has already been granted. A fee will not be charged for a varied application that is submitted before the preceding application has been granted.