Highway Maintenance

Licensing and Consents

1. Introduction

Groups or individuals, other than the Highway Authority, may have a requirement to place street furniture, or carry out activities, on the highway. Without the presence of special powers or authorisation these persons shall require the consent of the Highway Authority. This would be granted in the form of a licence or consent for which a fee shall be payable.

2. Relevant Legislation

The following legal statements define the various activities for which a licence or consent would be applicable:

Highways Act 1980

Section 139    Builders skips on the highway.

Section 142    Planting/cultivation on the highway.  

Section 169    Scaffolding or structures on the highway.

Section 171    Temporary excavations in the highway.  

Section 171    Temporary deposition of materials on the highway.  

Section 172    Hoardings on the highway.

Section 178    Banners over the highway.                                        

Section 178    Cables over the highway.                                        

Section 178    Decorative lights over the highway.                                        

Section 179    Vaults or cellars in the highway.   

Section 180    Openings or windows to vaults or cellars in the highway.                                        

New Roads and Street Works Act 1991

Section 50     Licence to place apparatus in the highway.

Section 50b    Licence to excavate for apparatus placed in the highway.  

3. Policy

The Highway Authority will consider the issue of licences or consents, where relevant legislation exists, whilst ensuring that consideration is given to the following:

i    Highway safety.

ii   Obstructions and nuisance on the highway.

iii  Following any necessary consultation with emergency services etc.

iv  Consideration of the needs of disabled or other potentially vulnerable groups.

v   Need to limit the proliferation of street furniture and/or other activities.

vi  Adherence to any required national standards.

vii  Obstruction of access to statutory undertakers plant.

It is the policy of the Highway Authority to charge a fee for the issue of licences and consents.

The required level of Public Liability Insurance for all licences is currently £10 million.

Version No:   1.0

Effective from:   14/10/2010

If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.