1 Overview
Section 50 licence is needed for apparatus in the highway. It applies when it is:
- placed
- inspected maintained and repaired
- adjusted or moved
- removed
Section 171 licence is needed for contractors to undertake trial holes on the highway.
Guidance
The document below will help you understand the requirements of a street works licence application. Read the ‘Important notes’ within the document carefully.
The cost for a Section 50 licence is £789 per road or per 200m of excavation. The full cost will be verified upon receipt of the application.
The cost for a Section 171 licence is £789 per road.
If you have any queries about this application, contact the network management team, quoting your application reference:
Supporting documents
2 Choose a contractor
It is important that you select a contractor who is fully conversant with the requirements of the New Roads and Street Works Act 1991 to assist you in completing the necessary forms.
For contractors who continually disregard this legislation, steps will be taken to prohibit them from working within West Sussex.
You need to be aware that the noticing legislation changed for working on the highway in April 2008. You need to be familiar with the changes as affected by the Traffic Management Act 2004. There are significant financial penalties for failure to abide by them.
Authority to open the highway will be granted pursuant to Section 50 and Schedule 3 of the New Roads and Street Works Act 1991.
3 Application process
Section 50
You need to let us know as early as possible when you wish to start an application.
To apply for a licence, applicants must email highwayslicensing@westsussex.gov.uk with the following information. To begin with, you need to provide:
- the full address details of your company
- the full address details of the property that is benefitting from the new apparatus
- either a Section 106 letter from the utility granting permission to connect, or a Section 104 letter confirming the utility will adopt the new foul water connection
- a full works description and confirmation of adoption by the relevant utility in the form of a letter or email if the works are not for a new water connection
We will then send you a full Section 50 application pack and your unique reference number. When you have successfully completed the pack and returned it to us, we will request an invoice to be sent. You will receive a draft copy of the licence to sign and return. We, as the authority, will then sign the licence and issue you with the final copy, signed by both parties.
We will then send you the 'Part N' to book the road space. This needs to be completed with the dates you wish to undertake the work. Be aware that if a road closure is required to complete these works, West Sussex County Council require a minimum of 12 weeks’ notice.
This will be reviewed and coordinated by the West Sussex County Council Highways network management team.
Once the dates for the works have been agreed by West Sussex County Council, you will receive a letter of consent to excavate the highway in accordance with the requested dates. Any excavation undertaken before the letter of consent is received is considered to be an illegal excavation and you will be liable for prosecution.
Section 171
A Section 171 licence can only be obtained by the contractor undertaking the trail holes.
To apply for a licence, applicants must email highwayslicensing@westsussex.gov.uk with the following information. To begin with, you need to provide:
- the full address details of your company and contact details
- full location of the works
We will then send you a Section 171 pack and your unique reference number. When you have successfully completed the pack and returned it to us, we will request an invoice to be sent.
We will then send you a road space booking form to book in your works. This needs to be completed with the dates you wish to undertake the work. Be aware that if a road closure is required to complete these works, West Sussex County Council require a minimum of 12 weeks’ notice.
This will be reviewed and coordinated by the West Sussex County Council Highways network management team.
Once the dates for the works have been agreed by West Sussex County Council, you will receive a confirmation email. Any excavation undertaken before the letter of consent is received is considered to be an illegal excavation and you will be liable for prosecution.
Important note
All correspondence relating to Section 50 or Section 171s must be sent to highwayslicensing@westsussex.gov.uk. Any correspondence sent to individual members of the Highway network management team's personal email addresses will be deleted and deemed as not received. The county council will not be responsible for any fines or charges you may receive for failure to comply with the above.