Stockton-on-Tees Borough Council Permit Scheme

Appendix D

Dis-application / Modifications of NRSWA

Dis-applied Sections

NRSWA Section		Change	Permit Regulations - Revised Arrangements
Section 53	The Street works register	Disapplied	Permit regulations prescribe similar provisions for permit registers
Section 54	Advance notice of certain works	Disapplied	Replaced by applications for provisional advance authorisation
Section 55	Notice of starting date	Disapplied	Replaced by applications for permits
Section 56	Power to direct timing of street works	Disapplied	Replaced by permit conditions and variations including those initiated by the Permit Authority
Section 57	Notice of emergency works	Disapplied	Replaced by applications for immediate activities
Section 66	Avoidance of unnecessary delay or obstruction	Disapplied	Replaced equivalent provisions for permit authorities to require Promoters in breach of the permit requirements to take remedial action and failing that for the Authority to act. 24 hour compliance period to be replaced with a requirement for Promoters to comply within a reasonable specified period determined by circumstances

Modified Sections

NRSWA Section		Change	Permit Regulations - Revised Arrangements
Section 58	Restriction on works following substantial road works	Modified	The Authority's ability to issue permits with start and end dates replacing directions to start works covered in NRSWA S58 (5) to (7) - The regulations provide the equivalent of S58A powers by allowing authorities to take into account whether Promoters responded to the S58 notice by submitting an application for their planned activities
Section 58A	Restriction on works following substantial street works	Modified	Schedule 3A is modified to work in conjunction with permits
Section 64	Traffic Sensitive Street	Modified	Permit regulations provide the requirement for notifying permit applicants of the proposals for to designate streets as traffic sensitive
Section 69	Works likely to affect other apparatus in the street	Effectively extended	Permit regulations create an equivalent requirement on highway Authority promoters
Section 74	Charge for occupation of the highway where works are unreasonably prolonged	Modified	Permit regulations make provision to operate S74 powers in parallel with Permits
Section 88	Bridge, bridge authorities and related matters	Modified	Modified to work in conjunction with permits
Section 89	Public sewers, sewer authorities and related matters	Modified	Modified to work in conjunction with permits
Section 90	Provisions as to reinstatement of sewers, drains and tunnels	Modified	Modified to work in conjunction with permits
Section 93	Works affecting level crossings or tramways	Modified	Modified to work in conjunction with permits
Section 105	Minor Definition	Modified	Modified to work in conjunction with permits
Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007	Paragraph 7 - Manner of service of copies of notices	Modified	Modified to work in conjunction with permits

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