Section 50 Street Works Licences for a Section 38 site

On this page you will find

• When is a Section 50 Street Works Licence needed on a Section 38 site?
• When can I make my application
• Who issues them and how long are they valid for?
• What is required?
• Fees
• Steps involved
• How long does it take?
• Where should I send my completed application pack?

When is a Section 50 Street Works Licence needed on a Section 38 site?

A Section 50 Street Works Licence application is required when:

• A person or organisation who are not a Statutory Undertaker wishes to place new apparatus under publicly maintained highway, which includes verge, footway and carriageway.
• Apparatus as stated under S164 New Roads and Street Works Act 1991, includes any structure for the lodging therein of apparatus or for gaining access to apparatus.
• Definition of publicly maintained highway on a Section 38 site is one which has had a Final Certificate issued.

When can I make my application?

• You can submit your application as long as a Part 2 Certificate has been issued for the site. Then the Licence can be drafted during the maintenance period and sealed on the same day a Final Certificate is issued. The site must be at Part 2 to enable a Licence to be progressed. This is because Part 2 makes the land public highway.

Who issues them and how long are they valid for?

Essex Legal Services, on behalf of Essex County Council and Essex Highways, produce and issue the licence.

Two durations of Section 50 Licences are available, 5 years or 25 years.

• 5-year licence – can only be issued, if written confirmation is sent in with the application confirming that the apparatus is to be adopted by the relevant utility company (gas, water, electric).
• 25-year licence – is issued if apparatus is not going to be adopted by utility company. This licence is applied for by the property owner themselves.

What is required?

• Please refer to the checklist below: This must be completed and sent with your application. Any missing information means that your application will be placed on hold until this is resolved.

The checklist is available in the documents section of this page.

For a 5 year licence:

• A completed Adoption Agreement for the apparatus from the relevant utility company.
• If the owner is different to the applicant, a letter of instruction from the owner of the land to the applicant stating the works can be completed and the licence can be held by the applicant.

For a 25 year licence:

• The owner of the land must be the applicant.
• Official copies of the Title Register and Title Plan, which must be dated within the last 3 months. These cannot have pending applications with HM Land Registry.

Checklist form explanations

The term ‘applicant’ is the person/company who will be holding the licence, and therefore the person/company who will be responsible for the apparatus for the duration of the licence or until adopted (if applicable).

If the applicant is the owner of the property, proof of ownership of the property is required, by sending official copies from the Land Registry.

If the applicant is the contractor or third party, the ‘Letter of Instruction’ is required from the owner, confirming they are the owner and they consent for the contractor to apply for the licence on their behalf.

• For a 5 year licence the owner and applicant can be different
• For a 25 year licence the owner and applicant must be the same person

Fees

A Section 50 Street Work Licence fee includes a £ legal and highways administration fee plus £ per year of licence, so:

• a 5 year licence will be £ + £ = £
• a 25 year licence will be £ + £ = £

Please contact DM.finance@essexhighways.org with details on how to pay.

Steps involved

1. Send in completed application.
2. Confirmation sent to applicant confirming receipt. If further information needed this will be requested via email.
3. Once proof of payment has been received Development Management will write instructions for the licence to be produced and have the instructions approved. This will take up to 15 days.
4. The application and instructions are sent to Essex Legal Services to draft the licence and notify the statutory undertakers (Stats) of the proposed apparatus.
5. Ten working days’ notice given to the Stats to reply.
6. Draft licence emailed to Development Management to approve.
7. Draft licence emailed to applicant to approve.
8. Engrossments sent in the post for signing which should be returned to Essex Legal Services.
9. Engrossments held until Final Certificate issued.
10. Licence sealed on the same date as the Final Certificate is issued, and a copy will be posted to applicant for their records.

How long does it take?

After all documents have been provided and accepted by the Development Management team a period of 15 working days is required for the instructions to be written, approved and sent to Essex Legal Services.

A period of up to 6 months should be given to allow for a Section 50 Street Works Licence to be progressed by Essex Legal Services. enforcement action by the council for its removal.