Section 58 restrictions

Who's responsible for a Section 58

Our Traffic and Compliance team are responsible for coordinating all planned street works carried out in the borough. 

All works on private land are the responsibility of the landowner. 

What a Section 58 is used for

A Section 58 notice allows us to protect our newly laid roads and footways, and prevents utilities from digging them up for 3 to 5 years after they've been reconstructed or resurfaced.

We can serve a Section 58 notice on the utility companies under the New Roads and Street Works Act 1991

To allow them enough time to do any necessary work before the roadworks begin, utility companies are notified at least 3 months in advance. 

Exceptions to a Section 58

During the restriction period, works can only happen with the authority’s permission and in certain circumstances such as:

• minor works that do not involve breaking up or excavation of the highway
• immediate (emergency) works
• new customer connections
• works to comply with 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, etc 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 13(a) of the Pipelines Safety Regulations 1996 (SI1996/825, as amended by SI2003/2563) that could not have been identified before the restriction began