I am writing to request, under the Freedom of Information Act 2000, details of all road and street works on Transport for London red routes in which the works were extended beyond the estimated end date given in the original permit application. I would like information pertaining to 1st October 2015 to 30th September 2017. I am seeking the following information: • The location, LondonWorks reference, start date, initial estimated end date, and site clear date of all road and street works carried out on TfL’s red routes which required a permit extension between 1st October 2015 and 30th September 2017. • How many road and street works permit extensions, for works on TfL red routes, TfL granted in total between 1st October 2015 and 30th September 2017.

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Our Ref:          FOI-2417-1718

Thank you for your request received on 24 November 2017 asking for information about road and street works permit extensions. I apologise for the delay in my response.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold some of the information you require.

To offer some background, I have provided some further information below in different points.

• The location, LondonWorks reference, start date, initial estimated end date, and site clear date of all road and street works carried out on TfL’s red routes which required a permit extension between 1st October 2015 and 30th September 2017

We have attempted to provide the information as closely as possible to the information we record. However, due to the way the that EToN software (the statutory system for the electronic transfer of streetworks notifications) operates, and the way the database is designed, this has not been completely possible.

The information requested in the first bullet point is provided within a number of different permit transactions and some details are held within what are referred to as ‘dynamic fields’ (these are fields where the information constantly updates and historical data is not easily extractable). One example of a dynamic field is the Estimated End Date, which means that we do not have the data exactly as you have requested. However, we can provide the detail requested from the individual Duration Variation Applications, and provide site clear dates from the final registrations of the relevant works. Please note that additional phases of works may affect the final Estimated End Date throughout the life of the works. As such the final end date may be different to the end date stated in any specific phase.

• How many road and street works permit extensions, for works on TfL red routes, TfL granted in total between 1st October 2015 and 30th September 2017

It is assumed that this request is in relation to the number of occasions TfL has agreed to extend the duration of works under S74 of the New Roads and Street Works Act 1991 (NRSWA). It should be noted that the process for agreement of a reasonable period for the purposes of S74 of NRSWA operates in parallel to the process for the agreement of the duration of works for the purposes of a permit scheme. However, the application of both processes can lead to different durations for S74 purposes and permit purposes. The S74 reasonable duration is to comply with the S74 regulations and is used to enforce overrunning works charges, whilst the permit duration agrees the length of time for which the permit is valid and the promoter can be on site legally. This permit duration may be longer than the reasonable duration, and include days which are subject to S74 overrun charges.

TfL complies with the National Guidance provided by HAUC (England) when managing duration extension requests for streetworks. This guidance is published on the National Joint Authority Group website and can be found on the link below:

https://www.jaguk.org/latest-d/-/asset_publisher/fCG1WlAsaSZA/document/id/441624?inheritRedirect=false

There are separate processes to agree the duration of planned, unplanned (Immediate) works and works which are in progress.

For planned works, the relevant section under 5.1 of the HAUC guidance document applies and TfL would use a Permit Modification Request (Mod 24 in the attached spreadsheet) to begin the discussion to agree the duration of the works in advance of those works starting on site.

For unplanned (Immediate) works, the relevant section under 5.1 of the HAUC guidance document applies and TfL would grant the permit application. Where TfL considers that the duration requested under the permit application to be unreasonable for the purposes of S74, it would issue the appropriate S74 duration challenge.

For works which are already in progress (both planned and unplanned), TfL follows the guidance provided in section 8.3 which requires it to grant the Duration Variation Application to agree the duration for the purposes of the permit scheme, but where TfL considers that the duration requested under the Duration Variation Application to be unreasonable for the purposes of S74 it would issue the appropriate S74 duration challenge.

The figures given below, and provided in the attached file reflect this approach. Whilst it appears from these figures that TfL has granted a large number of permit extension requests, these figures need to be considered with the knowledge that the current national protocols require it to adopt this approach, and the number of subsequent duration challenges and permit modifications need also to be considered. 

During the period requested the following data has been recorded within the TfL systems:-

• 5307 Duration Variation Applications received (for 3699 separate sets of works)
• 5097 Granted
• 210 Refused / PMR (Permit Modification Requests) sent

*it is noted that for the above 210 items, due process has not been followed as above. However, with the large number of Duration Variation Applications received every year, there can be exceptions which, on a case-by-case basis, require a response which is case-specific in that instance, and which may have to differ from the norm to exact the most appropriate resolution

• 2615 Duration Challenges sent
• 697 Permit Modification Requests sent

The attached file contains information on what TfL has provided (from October 2015) regarding all Duration Variation Applications received, all Refusals / Permit Modification Requests sent, and all Duration Challenges issued.

If this is not the information you are looking for, or if you are unable to access it for some reason, please feel free to contact me.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Gemma Jacob
FOI Case Officer
FOI Case Management Team
General Counsel
Transport for London

[email protected]

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