Stockton-on-Tees Borough Council Permit Scheme

9.1 Permit Authority Powers

Within the Permit Scheme, and in accordance with Regulation 15 of the Regulations the Permit Authority has the power to review, vary or revoke permits and permit conditions on its own or at an activity promoter's initiative. However, the Permit Authority is under no obligation to let activities run beyond the permitted period and any activities which exceed the allowable duration will be subject to overrun charges under Section 74 of NRSWA. 

9.2 Changes to a Provisional Advance Authorisation

A PAA cannot be varied. Where a PAA has been given and a full permit has not been issued and the proposals change, the activity promoter must inform the Permit Authority immediately of the proposed changes and a revised application for a PAA should be made.

9.3 Avoidance of a Criminal Offence

Permit variations should be sought as soon as changes are identified to avoid a criminal offence being committed by activities being undertaken without a permit or outside of the conditions associated with that permit.

9.4 Timing of Permit Variations

Applications for permit variations may be made at any time after the permit has been issued and before or during the activity itself. Applications must not be made after the end date has passed (no variation for an extension after the end date is allowed).

9.5 Electronic Application for a Variation

Where the existing permit has more than 20% of its duration or more than two activity days to run, whichever is the longer, the activity promoter shall apply for a variation electronically.

9.6 Telephone Application for a Variation

Where the criteria in 9.5 are not met, the activity promoter shall first telephone the Permit Authority to ascertain whether the Permit Authority is prepared to grant a variation and only then apply, again electronically, if the Permit Authority has agreed quoting the agreement reference.

9.7 Systems Failure

In the event of a system failure, activity promoters shall adopt the technical specification procedure.

FPN's, Section 74 charges and any other penalties that result due to system failures may be wavered. However, activity promoters must inform the Permit Authority about system failures immediately and get an agreement in principle to avoid the creation of FPNs and Section 74 charges in advance.

9.8 Variations for Immediate Activities

In the event of immediate activities requiring a series of fault-finding excavations or openings, the following procedure shall apply where it is necessary to undertake activities beyond the initial excavation or opening that was indicated in the first permit application. For immediate activities, the activity promoter will submit the first permit application within two hours of starting the activity. That first permit application will contain the location of the initial excavation or opening.

• For any further excavations or openings on the same street within 50 metres of the original excavation or opening, the activity promoter will telephone the Permit Authority with the new location. No permit variation will be needed and no variation charge will apply.
• the activity promoter may initially telephone the Permit Authority to discuss the need for a permit variation for the first excavation in each subsequent 50 metre band away from the original excavation or opening in the same street, i.e. 50-100 metres, 100-150 metres, etc. An electronic variation must then follow and the standard permit variation charges will apply.
• if the search carries into a different street or a new USRN (including if the street changes to a different street/Permit Authority), then a new and separate permit application will be required.
• if the activity promoter cannot contact the Permit Authority by telephone, it should record the fact and send the message electronically by means of a comment. Conditions for these activities may be varied to take into account the fact that a new location, even within the permitted bands, may be more disruptive.

9.9 Information required for Permit Variation application

Applications for permit variations must contain the following information as applicable to the variation application, although not limited to:

• the revised timescale
• any change to the description of the activity
• a revised illustration
• any change to the method of excavation
• any variation to the depth of the excavation
• any changes to the reinstatement method
• any changes to the conditions, if applicable
• any changes to the Traffic Management
• any change to the actual location of the excavation from that stated on the original application.

9.10 Review of Permit by Permit Authority due to circumstances beyond its control

The Permit Authority may review the permit and associated conditions in the event of a change in circumstances beyond its control having a significant disruptive effect at the location of the activity. The Permit Authority's policy regarding the circumstances in which it will review, vary or revoke permits on its own initiative is given in Appendix B.

No fee will apply for permit variations initiated by the Permit Authority unless, at the same time, the activity promoter applies for permit variations which are not the result of the circumstances causing the Permit Authority's action.

9.11 Review of Permit due to non-compliance by the Activity Promoter

If the Permit Authority considers that an activity promoter is failing to comply with the conditions of a permit, then it may give a FPN or revoke the permit. Before revoking a permit, the Permit Authority will contact the activity promoter to inform them of its intention and discuss situation in the first instance.

9.12  Waiving of Fees

If the Permit Authority has to revoke a permit through no fault of the activity promoter, no fee will be chargeable for a new permit.

9.13 Revocation

The Permit Authority can revoke a permit at its own initiative; in particular, it has the power to do so under Regulation 10(4) of the Regulations where there has been a breach of a condition (which is also a criminal offence).  In such a circumstance the Permit Authority may use the provisions replacing Section 66 of NRSWA to clear the street if required, namely under Regulation 18 of the Regulations. The Authority's policy for revocation is written in Appendix B in accordance with Regulation 15(3) of the Regulations but it should be noted herein that the Permit Authority will revoke a permit on its own initiative if:

• as with variations, where the circumstances arise which cause the Authority to have to review the permit they concluded that the permit needs to be revoked rather than simply varied
• revocation will be exceptional and will only happen when the circumstances could not have been reasonably predicted or where the impact is significant.

No charge will be raised for the revocation if made at the Permit Authority's own initiative.  If as a result of the revocation a promoter has to apply for a new permit there would be no fee for the new permit except where the permit is revoked as a consequence of any action or omission on the part of the promoter.

Revocation will be used as an alternative to criminal action where it is reasonable taking into account the nature of the breach and where it is proportionate.

Where the promoter disagrees with the Permit Authority decision in any of the above, the promoter has the option of invoking the dispute resolution procedure as detailed in Section 15.

9.14 Continuation of an Activity when a Permit has been revoked

An activity promoter will be committing an offence if it continues an activity when a permit has been revoked.