Highways
Installation of Private Apparatus (Section 50 Licence)
Utility companies and highway authorities have a statutory right to place and maintain apparatus in the highway but legislation also allows for a private individual to apply for a licence. This licence, if approved, is granted under Section 50 of the New Roads and Street Works Act 1991.
The following are examples of where a Section 50 licence could be required:
-
Private drains / sewers - drains and sewers are presently the responsibility of the landowner from the property up to and including the connection onto the adopted sewer which at this point becomes the responsibility of the sewerage authority. Many landowners are unaware of their responsibilities and legislation is presently being reviewed by Central Government. This is because the drain or sewer may cross a substantial part of the highway before connecting onto the adopted infrastructure and maintenance/repairs can be significantly costly especially where the highway is subject to substantial traffic or engineering difficulties. The connection is also private which adds to potential problems given that connection points are often where problems arise. In some cases, the sewerage authority may agree to adopt new drains and sewers but a Section 50 Licence is still required until the adoption process is complete.
-
Private gas/electricity/water services - recent deregulation now allows for unlicensed registered organisations to place services into the highway although such services are later adopted by the Statutory Undertaker. A licence is required to install these services in the highway but are granted for a limited time and cease at the point of adoption however, the licence holder remains responsible for the guarantee of the reinstatements made in the highway for up to three years.
In all cases a Section 50 licence can run for a limited duration or for an undetermined period and is granted to the owner requesting the supply and attached to the property that the supply is feeding. Once granted, the licence allows for the installation of the apparatus and future maintenance until it either ceases at the limited time or is revoked.
If the duration of the licence is undetermined, the landowner is responsible for ensuring that the licence is amended during a transfer of land ownership (land sold to another party). Prospective property buyers should ensure that they are aware of any potential licences attached to the deeds and often this is carried out during land searches by a legal representative.
Section 50 Licences carry a responsibility for the licence holder and therefore a separate policy document covers these responsibilities in detail. This document must be read and fully understood before the licence is applied for.
Private Apparatus and Permanent Structures in the Highway| (pdf 147kb)
Please note: a Section 50 licence legally provides for the apparatus to be installed, maintained and removed but the actual works relating to the installation, removal, construction and any excavations required in doing so must be approved prior under a Temporary Excavations (Permit to Dig) approval.
Relevant Form
|
Time Required to Process
|
Costs
|
|
Private Apparatus and Permanent Structures within the Highway Information Pack
|
Initial receipt of application made within 5 working days. We aim to process within 15 clear working days (licence only, this does not include 'Permit to Dig' process time)
|
£306 per licence
|
For further information and guidance please contact the Network Management Team for advice.
Network Management Team Contact Details
Scott Denny
|
01785 276552
|
Lisa Stewart
|
01785 276634
|
Zoe Simmonds
|
01785 276551
|
-
-
-
-