Appendix E - Early and Late Start Consent and Works Extension Procedures

Process for Early/Late Start Requests

To avoid cancelling notices unnecessarily it is good practice to submit a early/late start request whenever the expected starting date changes.

If planning to start works between the proposed start date and the latest possible end date no early or late start is required, the notice is still valid.

A late start is only required to extend the expiry of an Advance Notice, where an Advance Notice has been given (3 month or 1 month notices) and the 7 day follow up notice is proposed to start after the expiry of the advance notice. For example, the expiry date on the Advance notice is 31 March however the 7 day follow up notice is proposed to start on 3 April. A late start would be required on the Advance Notice and an Early start is required on the Notice of Expected Start Date (7 day follow up notice).

In all other circumstances an early start should be requested. This may require that a proposed Notice of Expected Starting Date (S114) is reproposed for the new dates with an early start request if the 7 day notice period is not being provided.

If a road works authority has issued an objection to an early/late start, and have issues with the proposed dates, they may consider exercising powers under Section 115 of NRSWA (Direction as to timing of works). Section 8.1 provides timescales for the issue of such notices. Where Early/Late start requests are made, the timescales in this appendix shall take precedence.

Restriction Following Substantial Works (Section 117)

Where a road works authority proposes to carry out substantial works to a road, Section 117 of NRSWA enables the placing of a restriction on future undertaker works on the basis of providing 3 months advance notification. The 3 month notice period is to allow a “window of opportunity” for undertakers to bring forward any planned works to be completed in advance of those substantial works. In relation to early start consents this has the following consequences:

• An undertaker proposing to bring forward works, to complete them prior to the substantial works, may be unable to provide the full notice period and would therefore be required to apply for an early start consent. It would therefore be reasonable to expect an early/late start request for such work to be granted.
• Where a road works authority proposing to utilise an early start consent for substantial works is unable to provide the required 3 months notice period, it is required to make this clear within the text of the early start request giving undertakers the opportunity to object.
• If the early/late start processes are not followed correctly then the restriction period following the completion of the substantial works would not be enforceable.

Works Extensions

A Works Extension is required where works will not be completed by the expected completion date.

If a road works authority has issued an objection to a work extension, and have issues with ongoing works, they may consider exercising powers under Section 125 of NRSWA (avoidance of unnecessary delay). Section 8.1 provides timescales for the issue of such notices.

Notice Periods

If an early start/late start/works extension is requested and the works require a TTRO/TTRN or permission for portable light signals, these requirements should be discussed with the roads authority before starting the process.

Table 12.1 details the minimum notice periods in which to make an early start/late start/works extension request:

Table 12.1: Notice Periods for Early Start/Late Start/Works Extension Requests

Notice Period	Request Type	Minimum Notice Period	Minimum Notice Period for works using Portable Light Signals
3 month (S117 restriction)	Late and Early	10 days	10 days
3 months	Late and Early	5 days	7 days
1 month	Late and Early	5 days	7 days
7 days	Early	3 days	7 days
7 days or more	Works Extension	3 days	3 days
Less than 7 days	Works Extension	As soon as possible	As soon as possible

Process

A works promoter (the promoter of the work, i.e. a road works authority or undertaker) proposing to request an early start/late start/works extension consent should interrogate the Scottish Road Works Register (SRWR) to ensure that the works period being considered will not have an adverse impact on any other works already recorded on the SRWR. Any conflicts with existing works must be resolved before proceeding with this process.

Where an early start/late start/works extension request is required, the works promoter should contact an authorised person within the road works authority at the earliest possible opportunity. It is recommended this request be made using an early start/late start/works extension request on the SRWR, but contact can also be initiated by telephone or email.

The road works authority may consent or object to a request. Where the authority agrees to the request, they may issue a unique reference when giving consent. This should be entered against the notice alongside details of the early start/late start/works extension agreement on to the SRWR (by the works promoter if not already recorded by the authority).

If the works promoter does not receive a response from the road works authority within 24 hours, it may enter the new estimated start/completion date into the SRWR without agreement. The promoter shall also insert within the notice text field any information to support the request.

All organisations are given the timescales described in Table 12.1 to review the proposed dates.

If no objections are received that cannot be resolved from other organisations the undertaker can commence work on the proposed dates.

Where an objection is received, the works promoter should enter into a dialogue with the objector to resolve the reason for objection.

If there are objections from other organisations which cannot be resolved, the road works authority must determine whether or not they works can commence on the new dates. The authority informs the works promoter of this outcome.

Valid objections to early start/late start/works extension consent requests include:

the proposed dates would overlap with pre-existing planned works on the road;

the proposed dates would overlap with pre-existing planned works on a parallel road or known diversion route with the potential to cause traffic disruption;

the end date proposed is so close to the start date of pre-existing planned works on the road that any delay would require these works to be re-scheduled;

where consultation with a relevant authority is required because the proposed works impact on a bridge, level crossing or designation of Special Engineering Difficulty and that consultation has not taken place; or

where a road works authority proposes both an early start and a restriction under Section 117 of NRSWA, an undertaker with works which it could have brought forward with 3 months notice may object to the proposed restriction.

Any objection is based solely upon commercial interests shall be deemed invalid.

The above process are shown in the flowchart at the end of this appendix.

Flowchart - Agreement Process