Protection of new footways and roads
We can protect our newly laid roads and footways for a certain amount of time. To do this we can serve notice on the utilities listed above, this is known as a Section 58 notice.
This Section 58 notice prevents utilities from digging up roads and footways for a period between 3 to 5 years after the road has been reconstructed or resurfaced. There are some exemptions to the rule 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.