Luton Borough Council

Section 50 licence

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What information/documentation do I need to provide?

Anyone other than a Statutory Undertaker wishing to carry out street works which includes the breaking open, boring or tunnelling under any street to place, adjust, repair, alter or renew any apparatus must be in possession of a street works licence.

The licence will allow the placing and/or the retention of the apparatus in the street and thereafter the right to adjust, repair, alter or renew it, provided that the conditions as laid down by the Act and its associated Codes of Practice are complied with, This also applies to excavations in the Highway.

The person granted a street works licence, becomes an undertaker for the purpose of the New Roads and Street Works Act 1991, and therefore attracts the relevant duties and responsibilities imposed by the act and associated secondary legislation and codes of practice.

Those applicants not familiar with the requirements of this legislation are strongly advised to appoint a contractor with appropriate knowledge and accreditation to help the application and conduct the works on their behalf, financial penalties may arise to the licence holder for non-compliance with the relevant statutory duties or licence conditions.

How do I apply

Please email a completed application form to [email protected]. Download the guidance document and application form below.

The processing time commences upon receipt of a properly and fully completed application form with all supporting documentation. Processing times are stated in the guidance document and dependant on works duration.

No works are to be undertaken on the highway before a licence has been granted and issued to the licence holder, a criminal offence is committed if section 51(1) of the NRSWA 1991 is breached.

What does it cost?

The fee for the licence is £510 (VAT exempt), and a £1,000 bond is required for opening up to 5 square metres. Work in excess of 5 square metres requires an additional bond of £100 per additional square metre. The bond is returnable (two years) from registration) or (three years) if the excavation is more than 1.5m deep, Subject to satisfactory reinstatement that complies with the Code of Practice Specification Reinstatement of Openings in the Highway third edition 2010. (See section 4).

In the event of the works being cancelled after the application form has been submitted an administration fee of £70 will be charged to the applicant to cover administrative costs.

Any variations/amendments to the issued licence will result in an additional £70 administration fee.