Stockton-on-Tees Borough Council Permit Scheme

3.1 Activities requiring a Permit

For the purposes of the Stockton-on-Tees Borough Council Permit Scheme, specified activities are any activities falling within the definition of "registerable activities" as defined in The Street Works (Registers Notices Directions and Designations) (England) Regulations 2007 and any subsequent amendments. This applies equally to streets works as defined by Section 48(3) of NRSWA and works for road purposes as defined by Section 86(2) of NRSWA.

The term "specified activities" is used generically in the permit regulations therefore, the term "activity" is used in this scheme to encompass any registerable activity that requires a permit.

The term registerable corresponds to what are specified works under the Regulations and are registerable for all promoters and information related to them has to be recorded on the register. This includes:

• street works as in part 3 of NRSWA, except for works by licensees under Section 50 of NRSWA
• works for road purposes as defined by Section 86 of NRSWA - maintenance and improvement works carried out by, or on behalf of the highway Authority
• other activities that may be introduced under future regulations.

3.2 Activities for Road Purposes

The requirements of the Permit Scheme apply equally to both Highway Authority and statutory undertakers' activities with the exception that fees will not be charged for permits issued for the Highway Authority's own activities for road purposes. Promoters of activities for road purposes must ensure that they have followed the equivalent processes for activities and declare that they have fulfilled these requirements in their applications.

The Permit Authority must demonstrate parity of treatment for all activity promoters which will be measured through appropriate key performance indicators (See Section 14.2).

Diversionary works to accommodate works for road purposes shall require a permit and will require the statutory undertaker to apply for the permit. 

Where the statutory undertaker has specified diversionary works in their permit application, the permit authority may use its discretion with regard to fees as stated in Section 12.6.

3.3 Activities not requiring a Permit before they start

Immediate activities do require a permit, although as such activities are concerned with emergency or urgent situations, an activity promoter can start the activity before applying for a permit but they MUST apply for the permit within 2 hours of starting on site.

If the works commence out of working hours then a permit must be applied for by 10:00am the next working day.

Immediate activity permit applications must comply with the relevant conditions.

3.4 Activities for which no Permit is required

Non registerable activities are those which do not fall under the criteria set out in Section 3.1 and can take place without requiring a permit.  If the circumstances change so that the works then falls under registerable activities, the undertaker must obtain the correct permit within the required timescales. This may require the activity to cease and the permit obtained, however it is strongly recommended that contact is made with the Authority to discuss this as continuity of works may be allowed by agreement provided the permit is applied for within adequate timescales and the relevant fee payable.

• activities executed in a street pursuant to a street works licence issued under Section 50 of the NRSWA are not included in the Permit Scheme but have to follow the normal procedures as required through Stockton-on-Tees Borough Council. A permit should be submitted into the register but no permit fee will be charged.
• third party repairs carried out under section 171 of the Highways Act 1980 e.g. repairs to private apparatus.
• traffic census surveys.
• pole testing which does not involve excavation.
• fire service vehicles parked adjacent to fire hydrants being tested, on the provision that this is done outside traffic sensitive hours.

To enable full co-ordination of all activities which occupy the highway promoters of activities are encouraged to submit a permit to ensure that road space is available.  This will ensure that their activity will not be interrupted by other activities for which a permit has been granted. No fee will be charged for the granting of permits for exempt activities unless during the course of the activity the classification of the activity changes.

3.5 Street Lighting

The definition of works for road purposes may include some works carried out by undertakers, such as street lighting.  It is for works promoters to ensure that permit applications for such activities are notified and registered, through the permit scheme as appropriate to those works. 

Fault repairs and works carried out for any other Authority, such as District or Parish Councils, are not works for road purposes. They should be treated as street works and must follow the normal procedures.

3.6 Common elements with NRSWA

To facilitate working across Highway Authority boundaries, the Permit Scheme uses the same or similar definitions or requirements as used in the NRSWA notice system for:

• registerable activities
• categories of activities (major, standard, minor and immediate)
• street gazetteers, including street referencing by means of a Unique Street Reference Number (USRN) and Additional Street Data (ASD)
• Street reinstatement categories as defined in the specification for the reinstatement of openings in the highway
• the distinction between main roads and minor roads, where such distinctions are relevant
• streets designated as protected, having special engineering difficulty or traffic sensitivity.

The Permit Authority will be set up to receive applications, issue and receive notices and otherwise communicate electronically.  All such communications relating to works on the highway should be made using electronic means where possible and available.