Stockton-on-Tees Borough Council Permit Scheme

1.1 Background

Part 3 of the Traffic Management Act (TMA) 2004 introduced Permit Schemes as a new way in which activities in the public highway could be managed and to improve Authorities' ability to minimise disruption from road and street works. This Permit Scheme is known as the Stockton-on-Tees Borough Council Permit Scheme or hereby known within this document as the "Permit Scheme".

Promoters should make themselves aware of the content of Part 3 of the Traffic Management Act 2004 ("TMA") (Sections 32 to 39) and the Traffic Management Permit Scheme (England) Regulations 2007 ("the 2007 Regulations"), Statutory Instrument 2007 No. 3372 made on 28 November 2007, as amended by the Traffic Management Permit Scheme (England) (Amendment) Regulations 2015, Statutory Instrument 2015 No. 958 made on 26 March 2015 ("the amendment regulations") and the 2007 Regulations and the Amendment Regulations are hereinafter referred to together as "the Regulations

Due regard has also been had to the Statutory Guidance for Highway Authority Permit Schemes - Permit Scheme Conditions (March 2015) as well as the Statutory Guidance for Highway Authority Permit Schemes (October 2015) and their successors.

In preparing the Permit Scheme Stockton-on-Tees has undertaken a full consultation with all relevant stakeholders as required under the regulations

1.2 The Permit Authority

The Permit Scheme is operated as a single scheme by Stockton-on-Tees Borough Council as the Street Authority, hereinafter referred to as "the Permit Authority".  

1.3 Relationship to NRSWA

Permit Schemes (as defined with the TMA) provide an alternative to the notification system of the New Roads and Street Works Act (NRSWA) 1991 in the following ways:

• Instead of informing a Street Authority about its intention to carry out works in their area, a statutory undertaker has to book time on the highway by obtaining a permit from the Permit Authority
• Under a Permit Scheme, the Highway Authority's activities undertaken by itself, its partners or agents are also treated in the same way as a statutory undertaker
• The street Authority has chosen to implement a Permit Scheme on all of the roads under its control.
• Conditions can be applied to the works which impose constraints on dates and times of activities and the way in which work is carried out
• A Permit Authority has greater control over the variations that can be applied to works such as time extensions.

1.4  The Permit Scheme

This Permit Scheme has been prepared in accordance with the Statutory Guidance issued by the Department for Transport (DfT) to assist Street Authorities wishing to become Permit Authorities and in accordance with the requirements set out in the Regulations. Activity promoters should make themselves aware of the content of these documents and also "The Code of Practice for Permits" alongside which the Permit Scheme will be operated. It has also been prepared with due regard to the Equality Act 2010.

1.5 Changes to NRSWA Legislation

Where it is implemented on the specified streets and in accordance with the Regulations, the Permit Scheme will result in the non-application and modification of the sections of NRSWA as detailed in Appendix D

Section 74 (Charges for unreasonably prolonged occupation of the highway) apply only to statutory undertakers activities, however the Permit Scheme makes arrangements for shadow charging in relation to timings, durations and  monitoring of Highway Authority activities to ensure parity for all promoters.

Section 58 (Restrictions on works followings substantial road works) apply only to statutory undertakers activities as restricting the Highway Authority may be contrary to the statutory duty to maintain the highway under other obligations such as the Highways Act 1980.

1.6 Activities

The generic term "activities" has been used rather than "works" to reflect the fact that the scheme may eventually cover more than road and street works in subsequent regulations. These are the specified activities as set out in the Regulations.

The term "promoters" has been used for both the statutory undertaker and the Highway Authority as it applies to a person or organisation responsible for commissioning activities in streets covered by the Permit Scheme.

The Highway Authority operating the Permit Scheme must apply for permits in the same manner as a statutory undertaker.  All fees and charges for the Highway Authorities will not apply in the application of the Permit Scheme, but shadow fees and charges will be collated and monitored in demonstration of parity.

The Permit Scheme applies to the road categories as set out in paragraph S1.3.1 of the Specification for the Reinstatement of Openings in the Highway (3rd Edition) or as amended by any of its successors and shall not apply to roads not maintained at the public expense. Permits will be required on all road categories within the Permit Authority's area.

To assist in the identification of the road categories the Permit Authority will provide through the National Street Gazetteer (NSG) custodian an additional street record for each street for which a permit to carry out activities is required.

1.7  Objective of the Permit Scheme

The Permit Scheme has been prepared with due regards to Section 59 of NRSWA to co-ordinate works of all kinds on the highway and also achieving the overriding statutory objectives and duties under the TMA 2004. It is an important aspect of the duties and policies for the Permit Authority to manage activities in the street, so as to minimise the impact of those activities, while allowing essential activities to take place.

The specific objectives of the Permit Scheme are as follows:

• Reduce occupation of the highway.
• Enhance co-ordination of all activities on the highway.
• Obtain greater control of all activities on the highway.
• Minimise/manage/avoid delays to all road users.
• Encourage as far as is practicable collaborative activities between all activity promotors.
• Promote best practice across Stockton and the wider Tees Valley area.
• Enhanced cross-boundary co-operation.
• Reducing the impact of noise on residents by having greater control of timing of activities.
• Promote common activity practices across the Tees Valley and wider region to ensure ease of operation for activity promoters.
• Demonstrate parity for all activity promoters.
• Enhance reliability of activities taking place at a particular time.
• Reducing potential incidents/accidents at road activities.
• Enhancing reliability of journey times.
• Improved public perception of management of road activities

The above list is not, by any means nor intended to be, exhaustive.

1.8 Aligned Objectives

The Council's overarching vision for the Borough as set out in the Council Plan 2018 - 2021 is of an economically prosperous Borough that is dynamic, exciting and inviting with infrastructure to support the development of business start-ups, business growth, new jobs and skills.  To support this economic growth, it is essential that the road network is safe and that journey times are reliable.  The Council seek to provide an efficient and extensive transport network which enables services and facilities to be accessible to all, accommodate the efficient delivery of goods and supplies, whilst also minimising congestion and the environmental impact of transport.  The introduction of a Permit Scheme will undoubtedly improve the efficiency and reliability of Stockton-on-Tees Borough Council's highway network and as such contribute towards the Council achieving its vision.

1.9 Operation of the Permit Scheme

In operating the Stockton-on-Tees Borough Council Permit Scheme, the Permit Authority will follow, where possible, the Highway Authorities and Utilities Committee (HAUC) (England) Guidance Operation of Permit Schemes and its successors (including Permit Condition Text), Feb 2017 and its successors.

Stockton-on-Tees Borough Council will fully support the aims and objectives of any nationally significant infrastructure projects and the scheme has been designed to give flexibility in the delivery of these projects.

The Permit Scheme will provide clear evaluation of its effectiveness in order that it may at some point in the future be used to support other relevant road work schemes such as Lane Rental.

References to 'by electronic means' and the 'technical specification' refers to EToN and its successors.