Excavating in the Carriageway or Footway

To Excavate on the public carriageway or footway without first applying for and being granted a license is an offence under The New Roads and Street Works Act 1991 section 50 and may result in a prosecution.

Excavations

In all cases where the excavations are intended to be made in any part of the public highway it will be necessary for you to carry out the following procedures

• Before commencing the work an appropriate license must be obtained from Torbay Council’s Head of Highways.
• Temporary reinstatement must be undertaken and maintained by you in a safe condition until such time as the Council serves their Notice of Intention to commence the permanent reinstatement.
• On completion of the work this license, which must be endorsed by the licensee to that effect, must be sent to the Head of Highways so that permanent reinstatement may be carried out. The costs of such work will be charged to the licensee.
• You will also be responsible where the excavations are likely to involve the Public Undertakers services (cables, wires, pipes, etc.) to give them three days notice of your intentions. In the event of any damage caused to such services during the course of your work the owners should be informed immediately.

How do I obtain a license to excavate the Public Highway?

If you wish to excavate the Public Highway you must apply for a permit, you can complete the application form and post back to us with your payment and copy of your Public Liability Insurance (The minimum level of such insurance shall be £5,000,000 but it shall remain the responsibility of the applicant having taken any necessary professional advise to determine the appropriate level of cover).

How much does it cost?

The cost will vary subject to notice given and if a site visit is required. The charges are revised each year and will be posted on this website.

Payment of £402.68 is required to place and retain new apparatus in the Public Highway.

• £175.09 Administration Fee (non returnable)
• £152.59 Capitalized Fee in lieu of annual charge.
• £75.00 Inspection Fee

Payment of £175.06 is required to work on existing apparatus in the Public Highway

• £100.06 Administration Fee (non returnable)
• £75.00 Inspection Fee

License is 4 weeks from the date of issue, however an extension is possible for up to 12 weeks

How can I make a complaint regarding location/dangerous excavation?

Any complaints about the location or safety of an excavation should be reported instantly using the contact details above and one of our inspectors will go to the site to assess the safety and this will be dealt with accordingly.