The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009

Further and revised estimates of duration of works

11.—(1) Subject to paragraph (4), if it appears to an undertaker that, by reason of matters not previously foreseen or reasonably foreseeable, the duration of the works is likely to exceed—

(a) the prescribed period,

(b) the period stated in that undertaker’s previous estimate, or

(c) the period previously agreed or determined under section 74(2) of the 1991 Act to be a reasonable period,

the undertaker shall give the highway authority written notice containing an estimate or revised estimate.

(2) Where notice is given under paragraph (1), any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the highway authority to be reasonable, unless they give written notice to the undertaker, within the period set out in paragraph (3), that they object to the estimate.

(3) The period referred to in paragraph (2) shall be 2 days beginning with the date on which the authority received the notice containing the estimate or revised estimate.

(4) This regulation shall not apply where a permit to carry out proposed street works has been granted by a Permit Authority.