Permit scheme for road works and street works
6. Classes of activity requiring a permit
6.1. Classes covered by the permit scheme
There are four classes of permit covered by the permit scheme. The classes and response times can be found in Table 1 in Section 9.9.
6.2. Permit for major activities
- Have been identified in an annual operating programme or are normally planned or known about at least six months in advance of the proposed start date for the activity (early engagement with the Permit Authority is strongly encouraged prior to the PAA application whilst the major activities are still in the planning stage).
- Require a Temporary Traffic Regulation Order (i.e. not a temporary traffic notice) under the Road Traffic Regulation Act 1984 for any other activities other than immediate activities.
- Have a duration of 11 working days or more, other than immediate activities.
Major Activity Permits are required for the most significant activities on the highway which are likely to cause the most disruption, and will require the promoter to obtain a Provisional Advance Authorisation as part of the application process. Minimum application periods for Major activities are defined in Table 1 of Section 9.9.
6.3. Permit for standard activities
Standard activities are those activities, other than immediate or major activities, that have a planned duration of between four and ten working days inclusive.
Minimum application periods for standard activities are defined in Table 1 of Section 9.9.
6.4. Permit for minor activities
Minor activities are those activities, other than immediate or major activities, where the planned duration is three working days or less.
Minimum application periods for minor activities are defined in Table 1 of Section 9.9.
6.5. Permit for immediate activities
Immediate activities are either:
- emergency activities, which are defined in Section 52 of NRSWA, are activities required to end, or prevent circumstances, either existing or imminent, that might cause damage to people or property. This applies to both street works and works for road purposes which fall within the definition of activities. The term also includes activities not falling within that definition but which cannot be severed from those that do - such as activities away from the emergency site that are necessary to shut off or divert a supply. Remedial works to dangerous defective reinstatements are classed as emergency works (but there will be a need to cross reference these to the permit given for the parent activity). • Urgent activities are defined in the regulations as activities: (a) (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works 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 promoter; (ii) to avoid substantial loss to the promoter in relation to an existing service.
6.6. Burden of Proof
The activity description must justify why the activity is immediate.
If the Permit Authority disputes whether an activity, or part of an activity, is immediate, the promoter must demonstrate conclusively that it is.
Failure to do so may constitute an offence. Appropriate enforcement action may be taken by the Permit Authority. This may include the revocation of the permit, fixed penalty notices, and/or criminal proceedings against the statutory undertaker.