Section 171 and section 50 licence

Before the application form is completed the applicant must take out an indemnity insurance policy with a minimum cover of five million pounds (£5,000,000) or ensure that this is provided by a contractor authorised to carry out the works. The applicant should further ensure that ongoing liability cover of one million pounds (£1,000,000), for the presence of the apparatus in the highway, is included in the insurance policy of the owner of the apparatus.

The completed form should include the following attachments:

• 1 copies of a scale plan showing the position of the apparatus in the street.
• a statement of an Insurance Broker registered with the British Insurance and Investment Brokers Association providing proof of a current policy of indemnity insurance to cover the requirements specified in clause 2 above.
• copies of the New Roads and Street Works Act 1991 accreditation certificates for all supervisors and operatives to be employed on the works.
• multi-utility works must be co-ordinated to be undertaken at the same time, if for any reason this cannot be achieved a separate licence will be required for each service connection to be made.

In order that the we can comply with our Statutory Duty, applications must be submitted at least one month in advance of the proposed works, or, in the case of major works three notice. Major works are works that are greater than 10 working days in duration or require a Temporary Traffic Regulation (TTRO) i.e. road closure, one-way restriction, reduction in speed limit, no right/left turn, parking restrictions.

Grant of the licence 

• The licensee will receive a copy of the licence signed on behalf of Cheshire West and Chester Council.
• no street works shall be carried out until the Licence is granted.

Please note: it is an offence for a person other than a Street Authority to place Apparatus in a Street or to break open a Street without a Street Works Licence or relevant Statutory Authority.

Where an application for a street works licence is made to the Streetworks team to place/retain apparatus on a line crossing the street (not along the line of the street) a person aggrieved by:

• the refusal of the Authority to grant a Licence or,
• the refusal to grant a Licence except on terms which prohibit its assignment or,
• any terms or conditions of the licence granted to him,
  may appeal to the Secretary of State

Notice of the works 

The licensee/undertaker must inform (by email and within two hours) the Streetworks Team when works actually start and site clear. Failure to do so may result in a Fixed Penalty Notice (FPN) being issued to the license holder.

Advance notice and actual start of works

All Advanced Notifications must be followed by a Notice of ‘Actual Start’ using Form (SWL 3). This must be served two hours after commencing. For duration extension requests, the form must be received no later than 3 working days prior to existing planned end date.

Major works 

These are works which require a Road Closure or have a planned duration of 11 working days or more. Application must be submitted three months in advance of the works commencement date. The licensee must give 10 working days notice of intended starting date to the Street Authority using Form (SWL 2).

Standard Works

These are works that have a planned duration of 10 working days or less. Application must be submitted one month in advance of the works commencing date. The licensee must give 10 working days notice of the intended starting date to the Street Authority using Form (SWL 2).

Minor Works

These are works that have a planned duration of three working days or less. Application must be submitted one month in advance of the works commencing date. The licensee must give three working days notice of the intended starting date to the Street Authority using Form (SWL 2).

Immediate Works

These are works that could cause serious damage to persons or property and must be carried out as soon as possible. In the case of Immediate Works the rest of the application must then be processed by the end of the next working day.