After we carry out substantial roadworks we may restrict further works in the area for up to 5 years. This is called a "Section 58 restriction".
Streets where works have been completed and Section 58 restrictions apply
The lists above include "start" and "finish" grid references which you can enter into UK Grid Reference Finder to see the location of the restrictions on a map.
Works during a restriction
You may only undertake works during a restriction if:
- the works fall within the categories of exempt works listed below,
- the works have our consent.
Exempt works and reduced restrictions
Works which are exempt or subject to reduced restrictions are:
- minor works that do not involve breaking up or excavating in the highway
- immediate works
- customer connections
- works to comply with either an improvement notice or prohibition notice issued by the Health and Safety Executive under sections 21 or 22 of the Health and Safety at Work Act 1974
- works carried out under regulation 16(3)(b) of the Gas Safety (Installation and Use) Regulations 1998
- works carried out to comply with a programme approved under regulation 13A of the Pipelines Safety Regulations 1996 (SI1996/825, as amended by SI2003/2563)
that could not have been identified before the restriction began. The normal noticing rules appropriate to the works concerned must be followed.
If you, an undertaker, receive a request for a new customer connection after the period for response to a section 58 or section 58A notice of restriction, and it is not possible to carry out the necessary works before the restriction comes into force - then an embargo on carrying out those works will apply for 20 working days (date restriction begins plus 19 days) immediately following the completion of the substantial street or road works.
Before issuing the appropriate notice you must contact us to discuss your proposals and the extent of the works in the street. The notice must contain the information discussed, the fact that it is a customer connection, and the name of the council officer who has confirmed the proposal. It is expected that the minimum works will be carried out to provide the connection but it should be recognised that in some circumstances, extra work may be required to minimise disturbance to the restricted surfaces.
Other works during a restriction
If the proposed works do not fall within one of the exempt categories, then the works may be carried out, but only with our consent. An application for consent should be made, in writing, specifying, in addition to the standard street works information, the grounds upon which consent is sought. Once consent is granted, notice must be given as normal.
We aim to respond to an application for consent within 20 days of receipt. You cannot start work without receiving our consent.
If we refuse consent and you consider this unreasonable, the matter may be settled by arbitration. The exemptions exemplify the balance that must be achieved if the coordination aspects of the legislation are to be successful. In considering applications for consent from works promoters, we must take account of the needs of the promoter’s customers. Equally, works promoters must recognise the needs of road users and the need to ensure best value for money in highway expenditure. The key test is whether the undertaker could reasonably have foreseen the eventuality during the notice period, or could reasonably be required to postpone the work until the end of the restriction.
Undertakers should do their utmost to give details of their plans for works in affected streets as early as possible within the notice periods, and to complete their works before any specified starting date or in accordance with directions. Nevertheless, if works overrun, or have to be carried out after the specified date, it would be sensible from the point of view of road users for these street works to be accommodated before completion of the substantial works concerned.