Issue details

To seek approval to apply to the Secretary of State for Transport to become a Permit Authority.

Currently, when a utility (or other works promoter) wants to work in the street, they have to serve a notice on the highway authority (Sefton) before they start, (unless there is an emergency). Generally, if they meet the requirements of the notice system, they have the powers to get on with the work and it’s difficult for the highway authority to stop them. Under the Traffic Management Act 2004, the Government has introduced additional powers for highway authorities to operate a permit scheme to replace the noticing regime. The scheme means that a utility (or other works promoter) will have to apply for a permit to work on the street and it is illegal for them to do so until Sefton has issued the permit to them. As a Council we can also apply certain conditions to permits when appropriate. This gives the Council much greater control on works on the highway which will lead to less disruption; and annual reports will be produced to demonstrate the benefits. The checks officers need to undertake before issuing the permits are quite involved and clearly will take more officer time. The permit scheme allows the highway authority to charge for these extra costs. So currently the Council can’t charge for a notice but we will be able to charge for a permit. The scheme has now been written, a cost benefit analysis (CBA) undertaken and draft fees produced. The scheme, CBA and fees will have to be approved by the Department for Transport and the point of the report to Cabinet is to ask permission to formally request the Secretary of State (SoS) to approve and allow the Council to operate the Sefton permit Scheme. A formal application has to be made to SoS before 1st August 2014 so permission needs to be granted in good time.