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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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