Stockton-on-Tees Borough Council Permit Scheme

6.1 Types covered by the Permit Scheme

There are two types of permit covered by the Permit Scheme as set out below.

6.2 Provisional Advance Authorisation (PAA)

PAA's, are a means of enabling significant activities to be identified, co-ordinated and programmed in advance by allowing activities to be provisionally planned in by the activity promoters, pending the Permit Authority's subsequent decision on whether, and with what conditions, to grant a permit for the activities.

An activity promoter who wishes to undertake Major Activities (see 6.5 below) on a specified street shall apply for a PAA at least 3 months in advance of those activities starting on the highway, or as agreed with the Permit Authority. Subsequent applications for permits for Major Activities that have not been preceded by a PAA will not be accepted by the Permit Authority.

Each application for a PAA will be limited to one street.

An application for a PAA must include a full description of the activity and specify start and end dates, although the start date may be considered as provisional and can be amended in the application for a final permit with full justification of the amendment of the start and end dates.

A fee will be charged for a PAA in addition to the fee which is charged for the issue of the major permit unless pre-agreed with the Permit Authority and in line with Section 12.5.

The granting of a PAA does not prevent the Permit Authority from subsequently refusing to grant a major permit to which the PAA relates, if circumstances should change.  For major works to commence the promoter will be required to provide the final detailed information in support of the application for a permit at least 10 days before the activity is due to commence unless otherwise agreed.

6.3 Permits

Permits are the full permit applications with final details for all registerable activities on the specified street. The information which shall accompany a permit is set out in Section 7 and wherever practicably possible be supplied using the latest electronic system and in any event within the timescales as set out within Section 7.22.

Promoters should note that in line with Regulation 9(9) of the Regulations the Permit Scheme requires applicants to copy any permit applications to any Authority, statutory undertaker or other relevant body that has requested to see notices or permit application on certain streets.

The minimum timescales are set out in Section 7.22 however promoters are encouraged to contact the Permit Authority early so that conditions can be discussed and, if possible, an agreement can be reached so that the application is approved quickly.

6.4 Classes covered by the Permit Scheme

There are four classes of permit covered by the Permit Scheme as set out below.

6.5 Permit for Major Activities

Major Activities are those which:

• Have been identified in an organisation's annual operating programme or, if not identified in that programme, are normally planned or known about at least six months in advance of the date proposed for the activity; or
• Other than immediate activities, require a temporary traffic regulation order (i.e. not a temporary traffic notice) under the Road Traffic Regulation Act 1984 for any other activities; or
• Other than immediate activities, have a duration of 11 working days or more.
• Major Activity Permits are usually required for the most significant activities on the highway, as Permit Authorities will generally need the most advance notice in for such activities. This is why it is expected that Permit Authorities will choose to incorporate the requirement to obtain a provisional advance authorisation (PAA) as part of the application process for a Major Activity Permit. This should incorporate a minimum of three months advance notice of the proposed activity, to enable appropriate planning and co-ordination. The application for a PAA should include a description of the proposed activity and the proposed start and end dates.

6.6  Permit for Standard Activities

Standard Activities are those activities, other than immediate or major activities, that have a planned duration of between 4 and 10 days inclusive. Activities lasting less than 10 days but which require a traffic regulation order, such as a temporary road closure, or are part of the promoters operating programme will be classified as Major Activities and will be subject to the application process for a Major Activity. (See Section 7 for application process). However, as per DfT Guidelines may be subject to reduced fees for Non-Traffic Sensitive Roads or in Non-Traffic Sensitive times.

An application for a Standard Activity Permit shall be submitted to the Permit Authority in accordance with the timescales given in 7.22 below and must include a description of the proposed activity together with the proposed start and end dates of the activity.

6.7 Permit for Minor Activities

Minor Activities are those activities, other than immediate or major activities, where the planned working duration is 3 days or less. An application for a Minor Activity Permit shall be submitted to the Permit Authority in accordance with the timescales given in 7.22 below and must include a description of the proposed activity together with the proposed start and end dates of the activity.

6.8 Permit for Immediate Activities

Immediate Activities are those which:

1)    are emergency activities as defined in Section 52 of NRSWA

2)    are activities (not being emergency activities) which are required;

a)    to prevent or put an end to an unplanned interruption of any supply or service provided by the works promoter

b)    to avoid substantial loss to the promoter in relation to an existing service

c)     to reconnect supplies or services where the promoter would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate permit period.

d)    Includes the activity that cannot reasonably be severed from such activities

Given the nature of Immediate Activities, the activity may commence without a permit. However, where it is necessary to carry out immediate activities requiring traffic control on traffic sensitive streets, where indicated on the ASD, promoters of such activities must contact the Permit Authority by telephone immediately, and in any case must apply to the Permit Authority within 2 hours of the activity starting. Immediate activities will be subject to relevant conditions

Remedial works for dangerous defects may be classed as emergency works.

6.9  Burden of Proof

The activity description must clearly 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. Those elements of the activity, which could be subject to the normal application period, cannot be included in the immediate category. Failure to do so will constitute an offence and appropriate enforcement action will be taken by the Permit Authority.  This may include, but is not limited to the revocation of the permit and the requirement to resubmit against the correct permit type and/or criminal proceedings against the work promoters.