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Anyone other than a statutory undertaker who needs to excavate or place or maintain equipment or pipe work / cables within the highway must be in possession of a section 50 streetworks licence.

The need to obtain a Street Works Licence applies to any person or organisation (other than anyone acting under a statutory right) who wishes to place, retain and thereafter inspect, maintain, adjust, repair, alter or renew apparatus, or change its position or remove it from the highway. This does not negate the need to obtain any necessary permission of any other person affected, such as highway frontagers.

The applicant or contractor must have public liability insurance to a minimum of £5,000,000.

The applicant must use a suitable contractor or be suitably qualified under The New Roads And Street Works Act 1991 to work in the highway.

The right to excavate the highway can be extended to any private individual, developer or contractor on application to the Highway Authority for a Street Works Licence, which grants temporary authority to excavate the highway during the duration of those works.

Failure to apply for a licence before starting any works, is an offence under the Highways Act 1980 and the New Roads and Street Works Act 1991. Any breach of this requirement may result in prosecution with the full recovery of all costs involved and removal of any equipment installed during those works.

All Street Works Licences granted are subject to the legislation requirements of the New Roads and Street Works 1991 and its associate Codes of Practice.

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