Undertakers have statutory powers to install and maintain their apparatus in public highway except where a highway is a Special Road as defined in the Highways Act 1980 (a motorway).
Under Section 61 of NRSWA, Highways England may grant consent for the placing of apparatus by an undertaker in a ‘protected’ street.
Consent is not required:
- for renewal of existing apparatus
- for apparatus installed using a Section 50 street works licence
- if consent is required under any other Act.
Highways England has the power to designate additional roads as Protected Streets under section 62 of NRSWA.
The effect of this is that statutory undertakers are unable to exercise their statutory powers to install apparatus in a public highway without the consent of the Highways England.