Street works protocol

Works on the councils highway network

2.1 All utility companies (and indeed the Council itself) are expected to abide by the various Codes of Practice governing street works activities by those organisations. Similarly, any person or organisation operating under a street works licence is expected to abide by the same Codes of Practice as if they are a utility company, unless the Council has agreed otherwise in writing.

2.2 It is accepted that circumstances can change and that this may in turn lead to requests for changes to planned timetables or other details. The Council recognises its role in coordinating these activities and helping to support the local economy and we will usually agree to reasonable requests. However, undertakers must also have regard to the reasonableness and proportionality of such requests and the needs and convenience of other people and organisations (including businesses and road users). 

2.3 When considering extension requests, the Council will have particular regard to the following factors, although this is not an exclusive list:

  • how foreseeable it was that more time would be necessary (it is neither reasonable nor appropriate to ask the Council for an extension on the last day of works if it has been obvious for some time that they could not be completed on schedule);
  • the extent to which there has been an attempt to adhere to the original timescales (the Council would not expect to be asked for additional time after significant periods of inactivity at the site which cannot be satisfactorily explained).

2.4 Requests for changes or extra time are likely to be refused where the Council considers that the proposed changes will have a detrimental impact on other planned activities or that the undertaker has not acted reasonably or in good faith. Repeated change requests of a similar nature from the same undertakers are likely to attract particular scrutiny. 

2.5 The Council is increasingly focusing on the quality of highway reinstatements after the works have been completed. Although we always seek to resolve such matters amicably, in the context of this Protocol it is appropriate to emphasise that undertakers are expected to engage fairly and constructively with the Council whenever potential defects are drawn to their attention. 

2.6 Electronic notification of street works is encouraged because it is more efficient and automatically validates much of the information. Indeed, it is a requirement for utility companies acting under their NRSWA authority to submit notices to us via the "EToN" system.

2.7 Organisations without EToN access must complete an appropriate application form and obtain the Council's consent before commencing any street works. Visit Street works, for the application along with guidance notes. In due course we hope to move to fully online forms and modes of payment.

2.8 Whilst all works on the Council's highway network must be appropriately planned and executed, this is especially important on "traffic sensitive" streets or "strategic routes". Other than in exceptional circumstances, the Council will expect working and notice periods to be strictly adhered to at such locations. Extensions at these locations are less likely to be agreed.

2.9 Where an agreement has been entered into under s.278 Highways Act 1980, it should be noted that this is simply a binding agreement to undertake certain works, normally as a condition for granting planning or some other permission. Such s.278 agreements provide no exemption from the requirements of NRSWA, including the need to obtain (and pay for) the relevant licence under s.50 NRSWA (where apparatus of any description is being installed or altered) or under s.171 Highways Act 1980 (where no such apparatus is involved) and to abide by all other standard requirements referred to in this Protocol.