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Easing of Coronavirus restrictions

Future maintenance

Question:
Future maintenance
Answer:

The licence covers the life of the apparatus or structure being situated in the highway until it either ceases (on adoption) or the apparatus/structure is removed. Therefore, a licence is not required for future maintenance works but a Section 171 permit to dig must be obtained where maintenance requires excavation in the highway.

If future maintenance requires new apparatus to be installed in a different location to that notified on the as-built drawings, an additional licence will be required. An example of this may be where a drain has collapsed and a replacement drain needs to be installed in a new line across the highway. This new drain would require a licence and the existing licence would be terminated. It is envisaged that such instances would be rare as existing drains would be replaced on line due to the requirement to remove apparatus on termination of a licence.

Please note: where a new excavation is made in an existing reinstatement that is still under guarantee, the ‘latter’ Section 171 permit holder takes over responsibility for the reinstatement and the guarantee period starts afresh. It is the licence holder’s responsibility to ensure that this liability is understood by the ‘latter’ contractor.

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