Overview

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

See guidance on this licence for all applicants.

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

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.

Traffic survey equipment

If you want to install traffic survey equipment on a temporary basis, please apply for a traffic counting and survey equipment on the highway licence.

Charges

The minimum fee for this licence is £630, which includes:

  • £480 administration fee
  • £150 inspections fee

Fees apply:

Additional fees:

  • £150 for each additional 200 metres excavation
  • £50 for an extra inspection where excavations are deeper than 1.5 metres

You may not be entitled to a refund if you cancel a licence after authorisation has been given.

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 ('NRSWA'). It allows the Licensee (named in Form SWL2 or SWL2 EV) 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purposes; and the licence runs with the property described in SWL2 (or SWL2 EV) and stays in place until it's either withdrawn by the Authority or formally surrendered by the Licensee

Apparatus Owner-Contractor joint entities

The Apparatus Owner and the Works Contractor must be separate and unrelated parties.

Although NRSWA does not prevent a single organisation from acting as both the apparatus owner and the contractor, the council does not permit this arrangement.

Under Section 50, the apparatus owner remains legally responsible for the apparatus (unless formally transferred) and is liable for the associated reinstatements for the statutory maintenance period.

Where the owner and contractor are the same entity, the risk of insolvency, the organisation ceasing to trade, or the council being unable to pursue the responsible party for maintenance exposes the authority to avoidable liabilities.

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.

One application per owner is required when installations have (or will have) different owners.

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.

Timescales

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

Developments

For any works associated with Developments, applicants must ensure they have secured all necessary agreements, permissions, and consents from the Planning Authority and any other relevant authorities or stakeholders prior to completing this application. This includes, but is not limited to, planning permissions, Section agreements, landowner consents, and utility approvals.

It is important that Highway works for new developments are coordinated to reduce disruption on the network and local communities. Read more information about Highway works for new developments.

Extent of Highway

You should obtain an extent of Highway maintained at public expense, before applying. Section 50 licences are only applicable to public roads, pavements paths and verges.

(Works on private land must be agreed with the land owner).

Utility connections and adoptions (by Statutory Undertakers)

Applicants must ensure they have all consents with utility companies in place, where needed, before making an application.

Road space availability

We will coordinate works approved through this licence around other works and activities but you should 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' or 'SWL2 EV' 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
  • where applicable, any written approval by the relevant statutory undertaker who owns the asset being connected with
  • where applicable, proof of a statutory undertaker’s intent to adopt the asset, including their contact details

You can now complete applications digitally if your device supports form field entries contained in the documents available to download.

Electric vehicle charging (SWL2 EV)

Complete this application if you are installing and retaining apparatus associated with electric vehicle (EV) charging.

Download application (EV charging)

All other apparatus (SWL2)

Complete this application if you are installing and retaining any other apparatus permitted through this licence.

Download application (other apparatus)

Please email completed applications with all essential documents to [email protected].

If you require this document in an alternative format, please contact [email protected].

After you apply

Our response times

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

We aim to start assessing most applications within 5 days of receipt, but due to the nature of these requests, we review applications based on licence start dates - not necessarily by the date 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 [email protected].

If your licence is approved

You'll receive a licence approval document which will tell you more about the conditions applicable to your licence.

You'll be advised how to notify the council when works commence and when they've finished.

There are other stages to the licence described in the following sections.

Registering reinstatements

Following the main works, requirements of 'NRSWA' apply in respect of reinstatement of the highway.

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, both interim and permanent.

Reinstatement must be carried out in accordance with the Specification for the Reinstatement of Openings in Highways (SROH), published by HMSO on behalf of the Department for Transport.

The reinstatement must be guaranteed for a period of two years from the completion of the works (or three years for deep excavations), and is subject to inspections assessing compliance across several areas. The guarantee period begins upon receipt of a valid SWL5 document.

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

You can now complete applications digitally if your device supports form field entries contained in the document available to download.

Download registration form (SWL5)

Please email completed notification with photographs of reinstatements to [email protected].

If you require this document in an alternative format, please contact [email protected]

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 now complete applications digitally if your device supports form field entries contained in the document available to download.

Download registration form (SWL7)

Please email completed notification to [email protected].

If you require this document in an alternative format, please contact [email protected]