The landowner is responsible for ensuring that the licence is amended if their land is sold to another party.
Types of private apparatus
There are many types of apparatus and structures that may be required within the highway. Any reasonable request will be considered provided sufficient detail about the apparatus or structure is provided on application.
Examples of apparatus that may be licensed:
- private drains and sewers
- private gas, electricity, water, communication services and drainage
- ramps, guardrails and bollards
The applicant will:
- bear the cost of any requests and restrictions placed by the highway authority
- inform the chosen contractor of all conditions applied to the licence
- notify all organisations with an interest in the highway including statutory undertakers, the police and emergency services of the proposal to ascertain objections, special requirements and the location of existing apparatus - the applicant must comply with any requests made by the consulted organisations and bear any additional costs incurred in doing so
- seek consent and receive written approval from the sewerage authority prior to application
Any work done prior to a licence and permit being accepted, approved and in place will constitute an illegal opening of the highway for which a fine may be applicable.
Cost
Please contact us for up-to-date costs, email etc.highwaynotices@derbyshire.gov.uk
How to apply
Please contact us for an up-to-date application form, email etc.highwaynotices@derbyshire.gov.uk
The following, along with your completed application form, are required by us in order for an application to progress:
- proof of accreditation for your supervisor and operative (copies of street works cards, front and back, showing the SWQR number)
- proof of contractor public liability insurance (minimum £5 million cover)
- proof of payment of the relevant fee
- a plan showing your work site with the location of the proposed excavation, apparatus and any structure clearly identified, along with a detailed description of the job, including dimensions of any proposed structures
After applying
We require 6-weeks to process your application. During busy periods, where larger than usual application request volumes are received, our lead time of 6-weeks may extend to up to 10-weeks. We try to return licences as soon as possible, but please consider lead times when looking at desirable dates for any proposed works.
We'll check all of the details supplied to make sure everything needed to process the application is included, to include proof of payment. If there's any information missing, we'll not be able to start to process your application. We'll notify you of what's outstanding and once this has been received and accepted, your application can proceed.
Your application will be 'assessed'. An inspection may be required to check the details provided, assess safety implications and determine whether special conditions will be required. After assessment, a response will be prepared which should be provided within 3-weeks of receipt of the application. The response will either be that your application for a licence has been granted, with any necessary special conditions detailed at that time, or a refusal to grant with reasons to support the decision.
If your application is accepted
If your application has been accepted, a licence will be drafted within a further 3-weeks and sent to you for signature by the owner of the apparatus. It should then be returned to us for countersignature.
If your application is refused
We, as highway authority, have the right to refuse the granting of a licence where it is perceived that highway users may be unnecessarily disrupted, obstructed or safety compromised. We also have a duty to ensure that the highway infrastructure is not compromised by the placing of apparatus within it. This is our statutory duty and as a result we may:
- request an alternative construction method
- request an alternative location or design
- restrict the timing of works
- refuse the application even after alternative options are submitted
The applicant will bear the cost of any requests and restrictions placed by the highway authority. Examples of additional costs incurred may be where:
- a proposal requires a new design
- a different method may involve specialist equipment
- timings are restricted, such as permitted working hours or a delay in commencement (such as a restriction that the works can only take place during school holidays)
The applicant is required to inform the chosen contractor of all conditions applied to the licence.
Contact us
If you have any questions or queries, please email etc.highwaynotices@derbyshire.gov.uk