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

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6.—(1) Subject to paragraph (2), an undertaker executing street works in a highway to which these Regulations apply shall give the highway authority for that highway notice in writing of the beginning of those works specifying the street in which the works are to be carried out (“actual start of works notice”) not later than the end of the next day following the date on which the works begin.

(2) Where works are executed under a permit granted by a Permit Authority in a traffic-sensitive street or in a street in road category 0, 1 or 2 which is not a traffic-sensitive street, the period within which the actual start of works notice must be given in accordance with paragraph (1) shall be the period applicable by virtue of paragraph 16.7 of the Code of Practice for Permits dated March 2008(1), as revised or re-issued from time to time.

(3) When an undertaker has—

(a)completed interim reinstatement of a highway;

(b)removed—

(i)all signing, lighting and guarding, and

(ii)all remaining spoil, unused materials and other plant; and

(c)returned the highway fully to public use,

that undertaker shall give the highway authority notice that this has been done (“works clear notice”) not later than the end of the next day following the date on which the highway was returned fully to public use.

(4) When an undertaker has—

(a)completed permanent reinstatement of a highway;

(b)removed—

(i)all signing, lighting and guarding, and

(ii)all remaining spoil, unused materials and other plant; and

(c)returned the highway fully to public use,

that undertaker shall give the highway authority notice that this has been done (“works closed notice”) not later than the end of the next day following the date on which the highway was returned fully to public use.

(1)

The Code is available from www.dft.gov.uk.

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