Street works licence - installing new apparatus

Overview

You must obtain a licence to carry out private street works under Section 50 of the New Roads and Street Works Act.

This licence is referenced as 'SWL 2' and is used when the applicant intends to place and retain new apparatus in the highway.

Apparatus might include:

private networks including fibre optic cables
sewers
gas
water
electric
telecommunications connections

Above ground equipment, is also included, such as:

poles
cabinets
other equipment to support the delivery of a service

The owner of the apparatus is responsible for applying for the licence. Once issued, the licence remains tied to the property for as long as the apparatus is in place. It may be included in the deeds relating to the property or land and should therefore be transferred to any new owners. The Council must be notified of such changes.

If the apparatus is later adopted by a Statutory Undertaker or another third party, documentation confirming the adoption must be provided to the Council. This allows us to update our records and either dissolve the existing licence or assign it to the new owner. If no notification is received, the current licence holder will continue to be held accountable for the apparatus.

Sewers

If you want to do work that will affect a public sewer, you must ask the sewer authority before giving us notice.

Statutory Undertaker works

Works undertaken by a Statutory Undertaker, which includes utility companies, do not normally require a section 50 licence as these works are authorised through the Dorset Council Permit Scheme.

Charges

You will be charged £600 for this licence (or £650 for deep excavations), which is made up of:

£450 administration fee
£150 inspection fees, or £200 if excavations are more than 1.5 metres deep

You may not be entitled to a refund if you cancel a licence after authorisation has already started or had concluded.

Additional charges may apply if other paid licences are required.

Guidance and conditions

Read guidance and conditions for all applicants.

Special conditions of this licence

Licences to install new apparatus are approved with additional special conditions:

What's allowed and what's expected

This licence is issued by the Street Authority under the New Roads & Street Works Act 1991. It allows the Licensee (named in Form SWL2) to:

install and keep apparatus (like cables or pipes) in the highway at the location shown in the plans
maintain, repair and access the apparatus as needed
break open the highway if necessary for those purposes; and the licence runs with the property described in SWL2 and stays in place until it's either withdrawn by the Authority or formally surrendered by the Licensee

Ownership and transfer

The licence benefits the current owner and their successors (including heirs and representatives). If the Licensee wants to transfer the licence, they must give the Street Authority six weeks’ notice, naming the new beneficiary.

Responsibilities of the Licensee

The licence holder is required to:

follow the New Roads & Street Works Act and related legislation or codes
protect the Street Authority from any claims or damages related to the presence of the apparatus and any work carried out under the licence
former licensees must also cover any claims arising from works previously done

Fees and duration

The Licensee will pay fees related to the issuing of the licence.

The licence remains valid until:

withdrawn by the Street Authority (under specific conditions)
voluntarily surrendered by the Licensee

When the licence can be ended

The Street Authority may cancel the licence:

with at least 7 working days’ notice if the Licensee breaks conditions or abandons the apparatus
if the licence cannot be legally assigned, but the Licensee still transfers interest
for operational reasons, and 3 months’ notice will be given in this case

What happens if the licence ends

Once the licence is terminated:

the Street Authority may remove or modify the apparatus and restore the highway, charging the former Licensee for the cost
if suitable, they may let the former Licensee do this work themselves—but a new licence will be needed

Limitations

This licence does not:

permit any connections to sewers, pipes, cables or other utilities
grant land access rights. Licensees must handle permissions with private landowners themselves

Before you apply

Please ensure you obtain all the relevant permissions for the work you are undertaking.

Licences can be requested and processed simultaneously, but you must request other consents separately:

if you need to close roads to undertake your work safely, then you must also apply for temporary traffic restrictions for road and street works - you must give 3 months notice for this request
if you will be using temporary lights or stop and go boards, then you must also apply for a temporary traffic signals licence

Timescales

Complete applications must be received at least one month before the proposed licence start date.

Road space availability

We will coordinate works approved through this licence around other works and activities.

Check our roadworks and events map for an indication of road space availability.

Traffic management regulations

You will need to arrange your own traffic management.

It should comply with the Safety Code of Practice. Further guidance on safe working on highways, including for some situations not covered by this code, is available in chapter 8 of the Traffic Signs Manual.

Incomplete or late applications could result in a delay with issuing a licence, a delay to the licence start date or even an application being declined.

How to apply

This licence is referenced as 'SWL 2' and is used when the applicant intends to place and retain new apparatus in the highway.

It should take no more than 20 minutes to complete an application.

When you apply, you will need to provide license details, details of the activities being undertaken and supporting documents - including:

the details and signature of the owner of the apparatus to be installed and retained
a valid email address which will be used for correspondence, and where the licence approval will be sent
a traffic management plan or map – this must clearly illustrate the location and extent of excavation works
two street works accreditation cards – scanned copies front and back of both (one must be a ‘supervisor’ role)
a valid insurance certificate – minimum £5 million public liability

You can complete the application digitally if you have the facility to; or you can print, complete by hand in block letters and scan to your device ready to send.

Download application

Please email completed applications with all essential documents to trafficteam@dorsetcouncil.gov.uk.

If you require this document in an alternative format, please contact trafficteam@dorsetcoucil.gov.uk.

After you apply

Our response times

When you send your application and documents you should receive an automated acknowledgement confirming receipt.

Due to the nature of these requests, we review applications based on the lead-times given and licence start dates - not necessarily in the order in which they are received.

Payment

Once your application has been assessed, we will contact you by telephone to take payment by credit or debit card. This is the recommended method of payment, secure and reduces administration and handling costs. You will receive an electronic receipt for your records.

We won’t be able to issue a licence until payment is settled.

We can agree alternative payment methods if phone payment by credit or debit card is not possible. To keep administration and handling costs to a minimum, we do not raise invoices for this service.

If anything changes

If you need to update your application, your licence or cancel it altogether, at any time, you must let us know. Please email trafficteam@dorsetcouncil.gov.uk.

Registering reinstatements

You must let us know reinstatement details within 10 working days of completing work.

This notification is referenced as 'SWL 5' and is used to register reinstatements.

When you return the notification, please provide photographic evidence of finished reinstatements.

You can complete the notification digitally if you have the facility to; or you can print, complete by hand in block letters and scan to your device ready to send.

Download registration form

Please email completed notification with photographs of reinstatements to trafficteam@dorsetcouncil.gov.uk.

If you require this document in an alternative format, please contact trafficteam@dorsetcoucil.gov.uk

Controlled waste

You must let us know details of any waste transfer within 10 working days of completing work, alongside registration of reinstatement.

This notification is referenced as 'SWL 7' and is used to provide details of waste transfer.

You can complete the notification digitally if you have the facility to; or you can print, complete by hand in block letters and scan to your device ready to send.

Download registration form

Please email completed notification to trafficteam@dorsetcouncil.gov.uk.

If you require this document in an alternative format, please contact trafficteam@dorsetcoucil.gov.uk