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Conditions of licence

These are the conditions of licence for section 50 excavations.

  • In accordance with the Highways Act 1980, we may grant permission to carry out an excavation in the public highway.
  • The licence does not relieve the licensee from compliance with or being subject to the London Building Act, The Town and Country Planning Act, or any other acts, regulations, other by laws and general statutory provisions in the area and shall not be regarded as dispensing with such compliance.
  • Any disturbance or damage to utility plant will be the responsibility of the licensee.
  • The signatory of this application is the person accepting responsibility for the compliance of all conditions and regulations associated with excavations in the public highway.
  • Should the excavation be sited in a designated parking bay, the suspension of that parking bay/space is to be arranged by the applicant with the parking department.
  • The licence agreement will become invalid if any of the conditions are not adhered to or the licensee no longer has an interest in the project.
  • The licence granted will be exercised in such a manner as not to cause a nuisance, disturbance or danger to the users of the highway.
  • The highway will at all times be kept in a neat and tidy condition and free from obstructions.
  • Any form of pedestrian management must have clear signage agreed with the Highways Officer.
  • You will be responsible for the provision and costs of traffic management and traffic signs on all affected roads, including any diversionary routes.
  • The council is indemnified against all claims resulting from any incident caused by the excavations. All applicants must have public liability insurance of £10 million to work on the public highway. Failure to have insurance would result in your licence becoming invalid.
  • All licences issued must be displayed on site
  • The works are carried out entirely at the applicant’s risk and have been specified by the applicant. The London Borough of Islington has no liability for the works or the maintenance of the works (either now or in the future) and has no liability for damage caused to private property by the works.
  • The applicant must satisfy him/herself that undertaker’s equipment will not be affected (by consultation and with trial holes where appropriate), or if such equipment is affected, the applicant shall carry out any works or take any necessary measures as required by the affected undertaker.
  • All reinstatements to be to the NRSWA 1991 code of practice.
  • The works will be signed, guarded and lit to the standards detailed in Chapter 8 of the Traffic Signs Manual. Open excavations must also be covered when works are not taking place.
  • Operatives with NRSWA accreditation must undertake Works.
  • Safe access must be provided for pedestrians. Pedestrians must not be diverted across any carriageway.
  • Any service or structure constructed beneath the footway, or any repairs or alterations to a structure beneath the footway must be at least 450mm below the footway surface.
  • No footways or carriageways are to be closed unless agreed.
  • The applicant must conform to any instructions given by any officer of the council if the instruction relates to health and safety.
  • This licence is issued for the purposes of Section 171 of the Highways Act 1980 and/or Section 50 of the New Roads and Street Works Act 1991. It does not relieve the applicant from compliance with any other part of that Act, or other Acts, Local Acts, by laws, general statutory provisions or Regulations in force in the area, and shall not be regarded as dispensing with such compliance.
  • Islington Council’s policy is that it is unlikely to remove a tree for the purpose of a Section 50 licence.
  • Section 74 of the New Roads and Street Works Act 1991 allows a provision to charge overstay fees for unauthorised occupation of the public highway. This is where works have exceeded their agreed completion date. These fees will be charged on the category of the road. Section 55 of the Traffic Management Act 2004 allows provision for a Fixed Penalty Notice to be served for failing to submit a Works Closed Notification.
  • You must submit an opening notice when you start the works to

Any inspection following a valid complaint however received will be subjected to a £280.50 non-compliance fee. We will email you a payment request and failure to pay will result in the non-compliance fee being deducted from the deposit held.


  • Where the excavation is to be sited in a designated parking bay you will require a suspension of an on-street parking place. To require a suspension you must contact the parking section at 14 days advance notice is required.
  • A separate application and payment will be required for parking suspensions. It is an offence to place an obstruction in a parking bay, which has not been suspended the council has the power to remove the obstruction and prosecute the person responsible.


  • A deposit is required and held to cover the costs of any damage caused to the highways that may occur during works. Should the Council carry out any remedial works, if the deposit exceeds the cost of the works, the remainder will be refunded.
  • Deposits are held for a guarantee period of two years from the permanent reinstatement under the New Roads and Streets Works Act 1991 and three years for deep excavations (excavations with a depth of over 1.5 metres). Failure to complete a closing notice on completion of works could result in your deposit not being refunded.
  • The deposit will only be returned to the original payee unless we receive a letter with a valid header from the payee agreeing to pay a third party. The deposit is determined by the depth of the excavation.

Completion of works

  • At the end of the works, you must supply a closing notice (a Works Closed Notification) and as built drawings of any plant on completion of works to
  • Section 55 of the Traffic Management Act 2004 allows provision for a Fixed Penalty Notice to be served for failing to submit a Works Closed Notification. This notice must give the exact date of permanent reinstatement for the guarantee period to start. A site inspection will take place on receipt of this notice. You can also incur section 74 overstay charges if you fail to inform us you are still on site; this is where works have exceeded their agreed completion date. Should any apparatus have been placed below or on the footway or carriageway, the council requires as built drawings as to the location of the plant. Failure to comply with these requirements will affect the return of your deposit.


  • All persons granted a Street Works License becomes an Undertaker for the purposes of the New Roads and Street Works Act 1991, and therefore attracts the relevant duties and responsibilities imposed by the Act and associated Secondary Legislation and Codes of Practice.
  • All reinstatements must not have excavated material used in the back fill and materials to be replaced like with like unless agreed otherwise or as per Islington Street book, a borough wide streetscape manual (section three – Standard footway materials). Please request a copy if area is not of a standard material.
  • The Licensee is responsible for all works necessary to carry out a satisfactory permanent reinstatement including road markings etc and the replacement of materials irrespective of the previous condition, in accordance with “Specification for the reinstatements of openings in Highways”. In general, access chambers, where permitted must have an identification on the cover. Ducts will be overlaid with identification tape. All materials to be used must be compliant with HAUC specification.
  • All licensees should conduct the relevant works in accordance with the requirements of the New Roads and Street Works Act 1991, and its associated Secondary Legislation and Codes of practice. You should pay particular attention to compliance with the Code of Practice for “Safety at Street Works and Road Works”.
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