New Road & Streets Works Act 1991, Sect 50, Highways act 1980, Local Government Act 1982, Licensing Act 2003 and Local Government Act (Miscellaneous Provisions) 1982, Traffic Management Act 2004, and Disability Discrimination Act 2005.
A private streetworks licence is required for members of the public or businesses to undertake works that involve digging up or altering a pavement or road.
Why you need a licence
The aim of licensing is to balance the needs of business and residents with the public expectation of an unobstructed footway.
Excavations on the pubic highway are not permitted until a licence has been agreed and issued.
The application process
In order to process the licence and ensure the co-ordination of works you will need to apply at least two weeks in advance. Failure to enclose the correct documentation could delay the process.
Need help with the application? Contact our street works coordinator: 020 8937 5600.
Licence documentation requirements
- Completed Street works request of details form
- Exact location of where excavation is to take place (with drawings attached)
- Complete description and extent of works carried out on site
- Estimated date licence required
- Proof of Streetworks accreditation (one operative and one supervisor)
- Opening notice
- Method statement
- Risk Assessment
- Plans of plant
- Confined spaces certificate (if applicable)
- Signed agreement forms for fees, deposits and public liabilities. All applicants must hold a public liability policy in for the sum of £5 million or above.
- Licence fee and deposit amount
- Traffic Management plan
- Emergency Contact number (24Hrs)
- Parking suspension details - Fill in and return the parking suspension form
- Closing notice and as built drawings of any plant on completion of works
£300 per square metre of surface of excavation. Deposits are held to cover the costs of any damage caused to the highways that may occur during works or on completion of works. Deposits are held for the period of two years and three years for deep excavations (over 1.5 metres).
The guarantee period of the permanent reinstatement is under the New Roads and Street Works Act 1991. Failure to complete a closing notice on completion or works could result in a non-refund of your deposit.
Provision is granted under Section 74 of the New Roads and Street Works Act 1991 to charge overstay fees for unauthorised occupation of the public highway. This refers to works which have exceeded the agreed completion date.
These fees will be charged on the category of the road. If an extension of the licence is required applications must be agreed within a reasonable period before expiry of the existing licence period.
Extensions will be subject to a fee of £50 per month. Non-agreed extensions are subject to £100 per inspection and will be deducted from your deposit.
Any inspection carried out following a valid complaint, however received, will be subject to a £100 inspection fee which will be deducted from the deposit.
Completion of Works Process
Once site works are finished, the council needs to be informed by completion of a Closing Notice. The notice must give the exact date of permanent reinstatement in order for the guarantee period to start.
A site inspection will take place on receipt of this notice. Should any apparatus have been placed below or on the footway or carriageway, the council requires as built drawings as to the location of the plant.
Failure to comply with these requirements will affect the return of your deposit.
All cheques must be made payable to London Borough of Brent
Where the excavation is in a designated parking bay you will require a suspension of an on-street parking place. Fill in and return the parking suspension form.
A separate application and payment will be required for parking suspensions. It is an offence to place an obstruction on a parking bay, which has not been suspended.
The council has the authority to remove the obstruction and prosecute the person responsible.