Types of private apparatus
There are many types of apparatus and structures that may be placed in the highway. Any reasonable request will be considered, provided enough detail is given in the application.
Examples of apparatus that may be licensed
Private drains and sewers
Landowners are responsible for drains and sewers from their property up to the connection with the adopted sewer. These may cross the highway and can be costly to maintain or repair. A Section 50 licence is required to place a private drain or sewer in the highway.
Applicants must provide proof that the sewerage authority has approved the connection. Licences run indefinitely and should be updated during land transfers, so new owners are aware of their responsibilities.
Private utility services
Services such as gas, electricity, water, communications, and drainage may be placed in the highway by registered organisations. A Section 50 licence is required. If the infrastructure is being adopted by the relevant Statutory Undertaker, proof of adoption will be required as part of the application.
The applicant must be the landowner, not the contractor. Contractors must also apply for a Section 171 permit to dig and be registered on the Lloyds Register.
Highway authority rights and responsibilities
The highway authority may refuse a licence if it believes the works will disrupt or endanger highway users or compromise infrastructure. We may:
- Request a different construction method
- Request a different location or design
- Restrict the timing of works
- Refuse the application
The applicant must cover any additional costs resulting from these requests or restrictions.
Permit to dig
A licence does not give permission to start works. You must apply for a Section 171 permit to dig before any work begins. Starting work without a permit is illegal and may result in a fine of up to £1,000.
