Stockton-on-Tees Borough Council Permit Scheme

16.1 Permit Authority Contact Details

The Permit Authority will publish their contact details, including out-of-working-hours, to their website and the NSG concessionaire's website via the operational data batch file.

16.2 Traffic Restrictions and Road Closures

Provisions governing temporary road closures and traffic restrictions for works or other activities in the street are found in Sections 14 - 16 of the Road Traffic Regulation Act 1984, as amended by the Road Traffic (Temporary Restrictions) Act 1991, and Regulations made under the 1984 Act.

• Where necessary or expedient action is needed the relevant Permit Authority may issue an Temporary Traffic Regulation Notice under Section 14(2) of the Road Traffic Regulation Act 1984, imposing a short-term closure or restriction. Prior notice is not necessary. The notice is limited to 21 calendar days if there is a danger to the public or risk of serious damage to the road, independent of street works, a leaking gas main, for example. It can be extended by one further notice to a maximum of 42 days. The notice is limited to 5 calendar days if there is no risk of danger or damage.
• In less urgent cases the Permit Authority may make a 'temporary order' TTRO under Section 14(1) of the Road Traffic Regulation Act 1984, which may remain in force for up to 18 months. This is limited to six months for footpaths, bridleways, restricted byways and byways open to all traffic

A temporary notice and a temporary order may provide that restrictions have effect only when traffic signs are lawfully in place. This will help limit traffic disruption where activities progress along a length of road. In other extraordinary circumstances, the Road Traffic Regulation Act (1984), allows the police to suspend designated street parking places temporarily to prevent or mitigate traffic disruption, or danger to traffic.

16.3 Temporary Notices

This procedure will normally only apply to immediate activities. The Promoter will inform the relevant Permit Authority as soon as practicable if a closure or traffic restriction is needed. The Permit Authority will consult with the police and all relevant parties, and confirm, as soon as possible, whether or not a notice will be made.

The Permit Authority will state in the notice:

• the reason for issue
• its effect
• alternative routes (where applicable)
• the date and duration of the notice.

The Permit Authority must also notify the emergency services and any other Permit Authority with roads that may be affected. This should be done on, or before, the day the notice is issued.

16.4 Temporary Orders

A temporary traffic regulation order is generally needed for planned activities in the street (except where the order follows a closure notice). If a closure order is needed, the Promoter should notify the Permit Authority at least three months in advance. This will allow the Authority time to consult, and to obtain approvals and advertise the order.

Activities that require a temporary traffic order are automatically classed as major works and require at least three months' notice for applying for a PAA, initially, and a temporary traffic order. The Promoter is required to submit all the information needed to justify a road closure together with the application for an order.

16.5 Working near Rail Tracks

Particular attention must be given to the possible effects of activities taking place at or in the vicinity of the railway. Promoters planning activities in such locations must refer to the advice of the Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related matters and its successors, or as subsequently amended, which sets out Network Rail's requirements.

16.6 Vehicle parking at Street works and Road works

16.6.1 Vehicle within Activity Site

A works vehicle may be parked in an activity site provided that it is necessary for the carrying out of that activity. Basic site layouts are shown in the Code of Practice on Safety at Street Works and Road Works.

A vehicle entirely within the coned-off area of the site may require a larger coned-off area than would

otherwise be the case and should be considered within the permit application and associated conditions.

16.6.2 Vehicle located outside Activity Site

A vehicle parked outside an activity site has no special status and no exemption from parking enforcement.

16.6.3 Implications

When assessing the impact of activities, the parking of any vehicles associated with the activity must be taken into account. This is a particular problem for activities which, but for the presence of a works vehicle, would take place entirely within the footway. If a vehicle is parked adjacent to the activity, in a place which vehicles could not normally use, then it must be part of the activity site. It must be signed and guarded appropriately therefore the activity is then not wholly confined to the footway but encroaches onto the carriageway. Applications for permits must reflect this.

16.6.4 Parking Restrictions

A Traffic Regulation Order imposing parking restrictions on a particular street should already contain an exemption allowing for activities to take place in a parking bay. Promoters should check whether any further dispensation is required well before the activities are due to start.

It will be a condition of a permit where parking restrictions or suspension is required that the necessary order or approval will be in place before the activity, or the relevant part of the activity, starts on site.

16.7 Storage of materials

Promoters must take care to place materials so that they do not cause an obstruction to road users. The location of any storage outside of the designated working space must be with the advance agreement of the Permit Authority. These storage areas may require either a separate licence under Section 171 of the Highways Act 1980 or a separate permit or both and must be agreed between the two parties prior to commencement of the works.

16.8 Apparatus belonging to others

There may be other apparatus where activities are planned and under Section 69 of NRSWA, those carrying out activities must ensure that the owners of that apparatus are able to monitor the activity and they are afforded all reasonable requirements to protect the apparatus. Failure to do so constitutes a criminal offence.

16.9 Environmental Issues

Where works are planned near any conservation areas, culverts, water courses, trees with preservation orders, basements, bridges, monuments or any other location where environmental factors may be of concern, Promoters must  liaise with the Permit Authority's relevant departments to ensure that environmental officials along with any necessary Authority officers are notified when drawing up their proposals.

16.10 Section 58 & 58a Restrictions

Details of Section 58 and 58a NRSWA restrictions will be provided as required under Chapter 6 of the Code of Practice for the Co-ordination of Street Works for Road Purposes and Related Matters and its successors.

16.10.1 Activities during a Restriction

Activities may be carried out during a restriction if they either fall within the categories of exempt activities or have the consent of the relevant Permit Authority.

16.10.2  Exempt Activities and Reduced Restrictions

Activities which are exempt or subject to reduced restrictions are:

• minor activities that do not involve breaking up or excavating in the highway
• immediate activities
• customer connections, subject to Section 16.10.3 below
• works to comply with either an improvement notice or prohibition notice issued by the Health and Safety Executive under Section s 21 or 22 of the Health and Safety at Work Act 1974
• works carried out under Regulation 16(3) (b) of the Gas Safety (Installation and Use) Regulations1998
• works carried out to comply with approved programme permitted under Regulation 13A of the Gas Pipelines Safety Regulations 1996 (SI1996/825, as amended by SI2003/2563) that could not have been identified before the restriction began
• activities required exposing equipment covers and manhole covers buried during the Substantial Street or road works.

The normal Permit application rules appropriate to the activity concerned must be followed.

16.10.3 Customer Connections

If an undertaker receives a request for a new customer connection after the period for response to a Section 58 or Section 58a notice of restriction, and it is not possible to carry out the necessary works before the restriction comes into force, then an embargo on carrying out those works shall apply for 20 working days immediately following the completion of the substantial street or road works.

Before applying for the appropriate permit the undertaker must contact the relevant Permit Authority to discuss its proposals and the extent of the works in the street. The subsequent permit application must contain the information discussed, the fact that it is a customer connection, and the name of the relevant Permit Authority Officer who has confirmed the proposal.

It is expected that the minimum works will be carried out to provide the connection but it must be recognised that in some circumstances, extra work may be required to minimise disturbance to the restricted surfaces.

There may be circumstances where activities that are not covered by the exemptions are required to be carried out during a period of restriction. The relevant Permit Authority will consider each application on its own merits. If the Promoter had been informed of the pending restriction when it was first notified but not applied to carry out its activities at the time, then Regulation 14 of the Regulations allow this to be taken into account by the relevant Permit Authority in deciding whether or not to grant a Permit during a restriction. In the Permit Scheme, there will be a presumption against granting a Permit in such circumstances unless there are overriding reasons to grant the permit.

16.10.4 Permit Applications during Restrictions

The Permit application that a Promoter must give for an activity that they wish to carry out during the period of a restriction imposed under Section 58 or Section 58a of NRSWA depends upon whether:

a) the activity comes within the scope of any of the specific exemptions or

b) the relevant Permit Authority's consent is required.

In (a), the ordinary rules appropriate to the activity concerned must be followed

In (b), an application for consent should be made, specifying, in addition to the normal activity information, the grounds upon which consent is sought.

Once consent is granted, an application for a permit must be made in the usual way. The relevant Permit Authority will then deal with this, again in the usual way. If the relevant Permit Authority refuses consent then the Promoter may appeal if it considers this to be unreasonable.

A restriction under Section 58 or Section 58a cannot be made if substantial activities have started, on the basis of an already issued Permit, without a notice under Section 58 or Section 58A having been given.

If a street in which a Promoter proposes to carry out activities has been newly constructed, recently reconstructed or resurfaced, even if the Promoter is not aware of a restriction, the Promoter is strongly recommended to approach the Permit Authority to establish whether a restriction is in force. Promoters should not assume that they can automatically break open that street but should check with the Permit Authority. It may be that a particular Promoter was not sent the relevant notice under Section 58 or Section 58a and there may be a restriction in force.

If having received an application for a PAA or PA, the Permit Authority, or the relevant Permit Authority realises that there is a restriction in place, they will advise the activity Promoter of this fact as soon as possible.

Disagreements that cannot be resolved between the Promoter and the relevant Permit Authority will be resolved by means of the dispute resolution procedures. Details of these procedures can be found in Section 15 of this document.

Restrictions may be revoked by the relevant Street Authority at any time. The relevant Street Authority will do this by sending a cancellation notice to the Promoter(s) concerned, informing them that the original restrictions are now revoked. In cancelling restrictions the relevant Authority will give the same consideration to the situation as when issuing the original restrictions and include the reasons for the revocation.