Terms and Conditions for having a Section 50 Licence

No works in the highway shall commence until written permission has been given by the highway department. You must;

Give a minimum advanced notification of 3 months for works of over 10 day duration. With a confirmation notice 10 days before works start.

Give a minimum of 10 days’ notice for works between 3 days and 10 days duration.

Give a minimum of 5 days’ notice for works less than 3 days duration

In the event of it being deemed necessary by the Engineer to close the road, a minimum of 8 weeks’ notice is required, under which circumstances the applicant agrees to cover Costs for alternative routing and the necessary signing. Separate forms and agreement from this documentation is necessary.

To ensure that the site complies with Chapter 8 of the Traffic Signs Manual at all times, With regard to signing and guarding and lighting.

To complete the works with the greatest speed possible and at all times to ensure the safe passage of the travelling public, including the provision of traffic lights as required by Milton Keynes Council or the Police.

To produce written proof of their Insurance Cover.  The Public Liability cover must be in the sum of not less than £10m with 5m of employers’ liability.

To keep Milton Keynes Council indemnified against all actions, suits, proceedings, losses, damages, claims and demands in any way arising from the works at all times.  This cover will include for any actions carried out by the Applicant's Agent, Sub-contractor or any other Third Party

To make good or pay compensation in lieu to Milton Keynes Council on demand for all damages done or any injury to any watercourse, cross drains, outlets or other property or materials of the Council, damaged, used, wasted or lost by the Applicant, their Agent or Contractor

To give notice in writing of the proposed works to all Statutory Undertakers and to indemnify and keep indemnified Milton Keynes Council from damage to any equipment or plant during the execution of the works.

That Milton Keynes Council reserves the right, if it so chooses, to conduct such remedial works as are deemed necessary on site in an emergency. For all other defects the statutory requirement shall suffice. A notice, in writing under the hand of the Engineer, that works have not been completed to his satisfaction shall be conclusive and binding upon the parties hereto.

That reinstatement of all excavations will be in accordance with "The Specification for the Reinstatement of Openings in Highways - A Code of Practice" and will be as follows:

For Class A&B Roads - 40mm Hot Rolled Asphalt Surface Course 260mm Dense Bitumen Macadam Binder Course Type I Granular Sub-base to top of bedding material (min depth 300mm)

For all others - 40mm Hot Rolled Asphalt Surface Course (or Dense Bitumen Macadam Surface Course if approved by the Engineer) 150mm Dense Bitumen Macadam Base course. Type I Granular Sub-base to top of bedding material (min depth 300mm)

Footways shall be reinstated in a similar material and to the same thickness as the existing footway.

Verges shall be reinstated to an even surface with a top layer consisting of a minimum of 100mm of topsoil free from stones greater than 40mm and sown with grass seed.

To complete the permanent reinstatement within the dates of your licence provided by the Highway Department of Milton Keynes Council and will remain liable for the whole works for a period of 2 years (or 3 years if depth of excavation exceeds 1.2m) from the date upon which it becomes accepted as being satisfactorily reinstated.

Nothing in this permission shall vary or replace any obligation imposed on the Applicant under or by virtue of any statutory obligations or requirements applicable hereto.

Ensure that a qualified New Roads and Streetworks Act Supervisor is available together with one accredited person on site.

The work of installing the apparatus shall be executed by opening up the highway and in accordance with the following requirements:

It is the duty of the Licensee by whom street works are executed to reinstate the street to the specification contained in the New Roads and Street Works Act, 1991.

The Licensee shall pay the Authority when applying for the application and the costs incurred by the Authority in connection with the grant of the Licence.

The Licensee shall afford the Authority such facilities, as the Authority will require for inspecting the work as it proceeds.

The Licensee shall maintain the reinstatement for a period of two years following satisfactory completion of work

The signing, lighting and guarding is to be in accordance with Chapter 8 and shall be subject to the same defect procedure as the excavation and reinstatement.

The Licensee shall keep the apparatus in a good state of repair and condition

The Licensee shall ensure that any maintenance, repair or other works carried out to or in connection with the apparatus shall, except in the case of emergency, be done without disturbance to the highway and that the whole of the highway shall remain open to traffic at all times unless deemed necessary then a closure shall be put in place at a further cost.

The Licensee shall take all proper precautions to ensure the safety and protection of apparatus of the Statutory Undertakers, Sewerage Authority and Highway Authority. 7 days' notice must be given to the Authorities likely to be affected in accordance with Schedule 3 of Section 50(4) of the New Roads and Street Works Act, 1991.

To ensure the safety and convenience of passengers in the highway; and to prevent traffic in the highway being delayed and Condition 7 being a condition for the protection of Statutory Undertakers, Sewerage Authority and Highway Authority, are without prejudice to the conditions set out in Section 50 of the New Roads and Street Works Act, 1991 (so far as applicable to this Licence).

This Licence does not confer any right on the Licensee against the owners of the land in which the highway is situated to use that land.  The Licensee must make his own arrangements with such owners in cases where their consent is needed.

The Licence hereby granted shall be annexed to the premises mentioned in above and shall remain in force until it is withdrawn by the Authority in accordance with Schedule 3 of Section 50 of the New Roads and Street Works Act, 1991, or surrendered to the Authority by the Licensee.

Dependent on the scope and scale of the works the authority may apply a supervision fee.

A site meeting prior to the application must be held with a site report completed and appropriate photographs.

For site meetings please call 01908 253428

The works shall prominently display an information board with the owners name and 24hr emergency contact number.

Last Updated: 30 November 2017