The Private Streets (Construction) (Amendment) Regulations (Northern Ireland) 2001

Made: 21st February 2001

Affirmed by resolution of the Assembly on: 24th April 2001

Coming into operation: 1st May 2001

The Department for Regional Development[^f00001] (“the Department”) in exercise of the powers conferred on it by Article 5(1) and (2) of the Private Streets (Northern Ireland) Order 1980[^f00002] and of every other power enabling it in that behalf, hereby makes the following regulations:

Citation and commencement

1

These regulations may be cited as the Private Streets (Construction) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation on 1st May 2001.

Application

2

These regulations apply to the construction of streets in respect of which the Department has exercised street planning functions under Article 3(1) of the Private Streets (Northern Ireland) Order 1980 after the coming into operation of these regulations.

Amendments to the Private Streets (Construction) Regulations (Northern Ireland) 1994

3

• (1) The Private Streets (Construction) Regulations (Northern Ireland) 1994[^f00003] shall be amended as provided by paragraphs (2) to (19).

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “anchoring material” there shall be inserted the following definitions—

• “apron plate” means a detachable plate between ground level and the bottom of a control pillar door allowing access to service cables;
• “base compartment” means a lockable compartment in the base section of a lighting column to house control gear and cable terminations;

• (b) in the definition of “construction of a street” after the word “drainage” there shall be inserted “, lighting”;

• (c) after the definition of “the Construction Products Directive” there shall be inserted the following definitions—

• “contactor” means a mechanical switching device having only one position of rest, operated otherwise than by hand, capable of making, carrying and breaking currents under normal circuit conditions including overload conditions;
• “control pillar” means the ground mounted lockable cabinet which houses a public electricity supplier’s electrical supply equipment and the control and protection equipment for the lighting system;

• (d) after the definition of “embankment” there shall be inserted the following definition—

• “excavation for column base” means the excavated hole in which a lighting column will be secured;

• (e) after the definition of “foul water” there shall be inserted the following definition—

• “fuse switch” means a switch, (Disconnector), (Switch—Disconnector), in which a fuse-link or a fuse carrier with a fuse-link forms the moving contact;

• (f) after the definition of “haunch” there shall be inserted the following definition—

• “internal wiring” means the cable system within the lighting column running between the luminaire terminals and the underground supply cable, or the wiring within the control pillar;

• (g) after the definition of “landing” there shall be inserted the following definitions—

• “lantern” means a transparent case for holding and shielding a light;
• “luminaire” means equipment which distributes, filters or transforms the light from one or more lamps, and which includes any part necessary for supporting, fixing and protecting the lamps, but not the lamps themselves, and, where necessary, circuit auxiliaries together with the means for connecting them to the supply;
• “maintenance factor” means the depreciation factor to be applied to the calculated initial light level and is the product of the lamp flux maintenance factor and the luminaire maintenance factor;

• (h) after the definition of “pitch line” there shall be inserted the following definitions—

• “projection” in relation to road lighting column bracket arms means the horizontal distance from the point of entry to the luminaire to a vertical line passing through the centre of the cross section of the column at ground level;
• “public electricity supplier” has the same meaning as in Article 3 of the Electricity (Northern Ireland) Order 1992[^f00004];

• (i) after the definition of “roadbase” there shall be inserted the following definition—

• “road duct” means a rigid pipe of 150 mm internal diameter provided to contain a road lighting cable, which itself may be contained within a duct, where it passes across and below the carriageway;

• (j) after the definition of “safety fence” there shall be inserted the following definition—

• “sealing compound” means an organic or chemical mixture which when contained within an enclosure will solidify to provide insulation and mechanical protection to electrical cable joints buried in the ground;

• (k) after the definition of “shared surface” there shall be inserted the following definitions—

• “side entry” in relation to road lighting luminaires means a luminaire designed so that when supported by a bracket entering the luminaire at right angles to the carriageway line and substantially parallel to the carriageway surface the majority of the light output is directed downwards towards the road surface;
• “spigot” in relation to road lighting bracket arms means that portion of the bracket arm to which the luminaire will be attached;

• (l) after the definition of “surround” there shall be inserted the following definition—

• “switch fuse” means a switch, (Disconnector), (Switch—Disconnector), in which one or more poles have a fuse in series in a composite unit;

; and

• (m) after the definition of “trimming” there shall be inserted the following definition—

• “uplift” means the vertical distance between the top of a lighting column and the optical centre of the luminaire;

• (3) In regulation 2(9) for sub-paragraph (a) there shall be substituted—

(a) an organisation accredited in a EEA State in accordance with BS7501: 1989, BS7502: 1989 (equivalent European Standards BS EN 45001: 1995, BS EN 45002: 1996 and BS EN 45003: 1995) standards for the tests carried out; or

• (4) In regulation 2(10) there shall be added to the table of abbreviations and symbols in appropriate alphabetical order the following—

• (5) For regulation 4 (goods and materials) there shall be substituted—

(4) All goods and materials mentioned in Schedule 2 to be used in the construction of a street shall comply with the detailed requirements set out in that Schedule.

• (6) In regulation 12(1) (retaining walls, pipelines and other structures) for the words “(3rd revision 1989)” there shall be substituted “(6th revision 1995)”.

• (7) After regulation 15 (Lay-bys, bus bays, parking bays, turning areas, verges and service strips) there shall be inserted the following regulation—

(15A) A street shall be provided with an efficient system of street lighting in accordance with the detailed requirements of Schedule 8.

• (8) In regulation 16 (deposit of plans)—

• (a) in paragraph (2)(a)(v) the word “and” shall be deleted; and

• (b) after paragraph 2(b) there shall be added the following sub-paragraph—

; and (c) a plan to scale of not less than 1 in 500 showing the layout of the street lighting equipment, together with four sets of drawings to a scale of 1 in 500 showing column heights and location, lantern type, lamp wattage, cable size and location, ducting arrangements, position and voltage of public electricity supplier conductors and minimum agreed clearances from columns.

• (9) In regulation 17 (notice of commencement and completion of stages of work)—

• (a) in paragraph (1)(h) the word “and” shall be deleted; and

• (b) after paragraph (1)(i) there shall be added the following sub-paragraphs—

(j) the erection of street lighting columns or cubicles; (k) the laying of any cable in trench or in duct; (l) the covering up of any cable or duct; and (m) the electrical testing of the street lighting installation.

• (10) For regulation 20 (expenses of carrying out investigations and tests and taking of samples) there shall be substituted—

(20) The person by whom or on whose behalf the plans were deposited shall bear any expenses incurred in carrying out inspections, investigations and tests and the taking of samples.

• (11) In regulation 21 (removal or alteration of work not in conformity with the regulations) for paragraph (2) there shall be substituted—

(2) If a requirement under paragraph (1) is not complied with within the time specified in the notice the Department may execute the work specified in the notice and the expenses incurred shall be borne by the person by whom or on whose behalf the plans were deposited.

• (12) In Schedule 1 (publications to which reference is made in the Regulations)—

• (a) for Table A there shall be substituted—

• (b) in Table B for the words “(3rd Revision 1989)” there shall be substituted “(6th Revision 1995)”;

• (c) for Table C there shall be substituted—

• (d) in Table D for the reference to BS 1377: Part 2: 1990 there shall be substituted the following—

• (e) for Table F there shall be substituted—

• (f) for Table H there shall be substituted—

• (g) for Table J there shall be substituted—

• (h) for Table K there shall be substituted—

• (i) for Table L there shall be substituted—

• (j) after Table L there shall be added—

• (13) For Schedule 2 (detailed requirements for goods and materials to be used in construction of streets) there shall be substituted—

SCHEDULE 2

• (14) In Schedule 3 (detailed requirements— setting out of street, site clearance, earthworks, preparation of sub-grade)—

• (a) in paragraph 1(2) after “drains,” there shall be inserted “street lighting cable tracks, column and pillar positions,”; and

• (b) in paragraph 3(2) after the word “to” there shall be inserted “such” and after the word “as” there shall be inserted “are”.

• (15) In Schedule 4 (detailed requirements— drainage)—

• (a) in paragraph 1(4) for the words “BS 8005: Part O: 1987 and BS 8005: Part 1: 1987” there shall be substituted “BS EN 752-1: 1996, BS EN 752-2: 1997 and BS EN 752-3: 1997”;

• (b) in paragraph 3(4) after the word “jointed” there shall be inserted “and bedded”;

• (c) in paragraph 3(4) for Table B there shall be substituted the following table—

• (d) in paragraph 6(4)(a) for the words “BS 5911: Part 200: 1989” there shall be substituted “BS 5911: Part 200: 1994”;

• (e) in paragraph 6(4)(a) for Table D there shall be substituted the following table—

• (f) for paragraph 6(11)(f) there shall be substituted—

• the rungs shall be equally spaced at centres of between 250mm and 300mm and fixed to the stringers in accordance with BS 4211: 1994.

• (g) in paragraph 6(13) for the words “BS 497: Part 1: 1976 Type MA60” there shall be substituted “BS EN 124: 1994 Class D 400”;

• (h) in paragraph 6(16) for the words “BS 497: Part 1: 1976 Type MB 2-60” there shall be substituted “BS EN 124: 1994 Class B 125”;

• (i) for paragraph 7(3) there shall be substituted—

(3) Carriageway, including shared surface, gullies shall be circular 375mm internal diameter in accordance with BS 5911: Part 230: 1994.

; and

• (j) in paragraph 7(5) for the words “in Table 3 of BS 5911: Part 200: 1989” there shall be substituted “in accordance with BS 5911: Part 230: 1994”.

• (16) In Schedule 5 (detailed requirements — carriageways)—

• (a) in paragraph 2(1) in Table B for the words “BS 6717: Part 3: 1989” there shall be substituted “BS 7533: Part 3: 1997”;

• (b) in paragraph 2(4) for the words “BS 4483: 1985” there shall be substituted “BS 4483: 1998”;

• (c) after paragraph 7(8) there shall be added the following sub-paragraph—

(9) Where the sub-base is to be constructed of material used to provide protection to the formation from construction traffic in accordance with paragraph 6(5) the top layers of the material shall be removed to provide the depth required by Table A, B or C as appropriate and the material re-compacted in accordance with the requirements of Table E.

• (d) in paragraph 9(1) for the words “BS 4987: Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”;

• (e) in paragraph 9(2) for the words “BS 4987: Part 2: 1988” there shall be substituted “BS 4987: Part 2: 1993”;

• (f) for paragraph 10(3) there shall be substituted—

(3) The testing of bituminous materials shall be carried out by an approved laboratory as laid down in BS 598: Part 101: 1987; Part 102: 1996; Part 104: 1989 (1996); Part 105: 1990; Part 107: 1990 (1996); Part 108: 1990 and Part 109: 1990; BS 812: Part 102: 1989; BS 812: Part 103: Section 103-1: 1985; BS 812: Part 103: Section 103-2: 1989; BS 812: Part 105: Section 105-1: 1989; BS 812: Part 105: Section 105-2: 1990; BS 812: Part 106: 1985 and BS 882: 1992; BS 812: Part 2: 1995; Part 101: 1984; Part 103: 1985; Part 111: 1990 and Section 105-1: 1989; BS 2000: Part 397: 1995; BS 3690: Part 3: 1990; and copies of the certified results of the tests shall be given to the Department.

• (g) in paragraph 10(6) for the words “BS 598: Part 100: 1987” there shall be substituted “BS 598: Part 100: 1987 (1996)”;

• (h) in paragraph 11(3) for the words “BS 4987: Part 2: 1988” there shall be substituted “BS 4987: Part 2: 1993”;

• (i) in paragraph 12(2) for the words “BS 4987: Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”;

• (j) in paragraph 12(4) for the words “BS 4987: Part 2: 1988” there shall be substituted “BS 4987: Part 2: 1993”;

• (k) in paragraph 13(2) for the words “BS 4987: Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”;

• (l) in paragraph 13(5) for the words “BS 4987; Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”;

• (m) in paragraph 14(2) for the words “BS 4987: Part 1: 1988” there shall be substituted “BS 4987: Part 1: 1993”;

• (n) in paragraph 15 for the words “BS 4987: Part 1: 1988” there shall be substituted “BS 4987: Part 1: 1993”;

• (o) in paragraph 17(1) for the words “BS 6717: Part 1: 1986” there shall be substituted “BS 6717: Part 1: 1993”;

• (p) in paragraph 17(2) for the words “BS 6717: Part 3: 1989” there shall be substituted “BS 7533: Part 3: 1997”;

• (q) in paragraph 17(4) for the words “BS 6677: Part 1: 1986” there shall be substituted “BS 6677: Part 1: 1986 (1997)”; and

• (r) in paragraph 17(4) after the words “BS 6677: Part 3: 1986” there shall be inserted “and BS 7533: Part 3: 1997”.

• (17) In Schedule 6 (detailed requirements — shared surfaces) in paragraph 2(2)(b)(ii) for the words “BS 4987: Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”.

• (18) In Schedule 7 (detailed requirements— footways, footpaths, footway crossings, kerbs, steps and stepped ramps, cycle tracks, verges and service strips)—

• (a) in paragraph 2(5) for the words “BS 4987: Part 1: 1988” and “BS 4987: Part 2: 1988” there shall be respectively substituted “BS 4987: Part 1: 1993” and “BS 4987: Part 2: 1993”;

• (b) in paragraph 2(6) for the words “Subject to sub-paragraph (7) the wearing” there shall be substituted “Wearing”;

• (c) in paragraph 2(6)(a) for the words “laid to give a compacted depth of 25 mm” there shall be substituted “transported, laid and compacted in accordance with BS 594: Part 2: 1992 to give a compacted depth of 25 mm”;

• (d) paragraph 2(7) shall be deleted;

• (e) in paragraph 2(10) for the words “BS 7263: Part 1: 1990” there shall be substituted “BS 7263: Part 1: 1994”;

• (f) for paragraph 4(2) there shall be substituted—

(2) Subject to sub-paragraph (6) kerbs shall be laid to provide a 125mm (40mm in shared surfaces) kerb face and shall be 255mm by 125mm hydraulically compressed concrete to BS 7263: Part 1: 1994 Type HB2 of Figure 2 (150mm x 125mm Type BN of Figure 2 in shared surfaces) set on a grade C7.5/40 cast in-situ concrete bed 400 mm wide by 150 mm deep and backed with grade C7.5/40 concrete.

• (g) for paragraph 4(5) there shall be substituted—

(5) Joints shall be between 5mm and 7mm wide and filled with cement mortar in accordance with BS 7533: Part 4: 1998.

• (h) in paragraph 4(6) for the words “Department of the Environment for Northern Ireland publication “Layout of Housing Roads Design Guide” 1988” there shall be substituted “Department of the Environment and the Department for Regional Development publication Creating Places—achieving quality in residential developments and incorporating guidance on layout and access” published in 2000.

• (i) in paragraph 4(8)(b) for the words “BS 7263: Part 1: 1990 Type ER or Type EF of Figure 1” there shall be substituted “BS 7263: Part 1: 1994 Type ER or Type EF of Figure 4”;

• (j) in paragraph 4(9)(b) for the words “BS 7263: Part 1: 1990 Type HB2 of Figure 1” there shall be substituted “BS 7263: Part 1: 1994 Type HB 2 of Figure 2”;

• (k) in paragraph 5(21) for the words “BS 4483: 1985” there shall be substituted “BS 4483”; and

• (l) for paragraph 8 there shall be substituted—

(8) Service strips shall be in accordance with the Department of the Environment and the Department for Regional Development publication “Creating Places—achieving quality in residential developments and incorporating guidance on layout and access” published in 2000

• (19) After Schedule 7 there shall be added the Schedule set out in the Schedule to these regulations.

SCHEDULE

Signed

Sealed with the Official Seal of the Department for Regional Development on 21st February 2001.

J. Carlisle — A senior officer of the — Department for Regional Development

Explanatory note

(This note is not part of the Regulations.)

These regulations amend the Private Streets (Construction) Regulations (Northern Ireland) 1994 (“the principal regulations”).

These regulations apply to the construction of streets in respect of which the Department for Regional Development has exercised street planning functions after the coming into operation of the Regulations.

The regulations make the following main changes:—

• (a) Regulation 15A and Schedule 8 prescribe standards and detailed requirements for the provision of street lighting in private streets (regulation 3(7) and (19)); and

• (b) Regulation 20 of the principal regulations is amended to extend the specified expenses to include the cost of inspections and to provide for the bearing of such expenses by the person by whom or on whose behalf the plans were deposited (regulation 3(10)).

• Consequential amendments relating to the deposit and approval of plans (regulation 3(8)), notice of commencement and completion of stages of work (regulation 3(9)) and detailed requirements for goods and materials to be used in construction of streets (regulation 3(13)) have been made.

• References in the principal regulations to various technical publications have been updated (regulation 3(12)). These Regulations have been notified to the European Commission and the other member states in accordance with Directive 98/84/EC of the European Parliament and of the Council (O.J. No. L204, 21.7.98, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L217, 5.8.98, p. 18).

Footnotes

[^f00001]: See S.R. 1999 No. 481 Article 6(d) and Schedule 4 Part IV

[^f00002]: S.I. 1980/1086 (N.I. 12) as amended by Article 6 of S.I. 1992/3203 (N.I. 19)

[^f00003]: S.R. 1994 No. 131

[^f00004]: S.I. 1992/231 (N.I. 1)

[^f00005]: A list of approved contractors is obtainable from NICEIC, Vintage House, 37 Albert Embankment, London SE1 7UJ (Telephone: 0171 5642323)