Apply for a banner consent
Consent to erect banner/bunting on the public highway
- What is it for
This consent grants permission to erect or hang a banner over the public highway.
- Who can apply
Anyone can apply for consent.
- Before you apply
The consented banner shall not advertise any event product or business that is of a commercial nature without the relevant planning permission required for advertisements. Any such wording or logo size and content shall also be agreed with the Highway Authority or its Agent. Banners of a purely advertisement or commercial nature are not permitted.
The precise location where the banner/bunting is to be erected must be stated. Alternatively, the applicant can supply a plan which clearly identifies the location where the banner/bunting is to be erected.
The consent will only be granted to the individual or firm making the application. It cannot be transferred to any other person or firm.
The applicant shall include proof of holding at least £5 million public liability insurance.
The applicant may be required to provide details of any risk assessment or any signing and guarding that may be required prior to the approval of the consent.
Conditions of consent
Made under Section 178 of the Highways Act 1980
- The banner/bunting shall be placed so as to avoid undue obstruction and interference with users of the highway and shall not block sight lines. Where the banner/bunting is erected over any part of the highway it shall be at least 5.2m clear of the highest point of the highway (including a publicly maintainable precinct, or similar) or 3.5m clear of the highest point of a footway or similar and must be securely fixed in such a manner so as to restrict undue movement
- The banner/bunting shall be designed and erected with due regard to a comprehensive risk assessment. Such risk assessment shall take particular account of the erection, maintenance and removal of the banner/bunting and the effect of and on all types of traffic that will pass under or nearby the banner/bunting. Proof of compliance with such may be required by the Highway Authority prior to granting the consent and at any point in the duration of the consent
- The erection, removal and maintenance of any banner/bunting shall be signed and guarded at all times, in accordance with the requirements described in Chapter 8 of the Traffic Signs Manual.The Highway Authority may require signing and guarding proposals prior to the approval of the consent
- No part of the highway shall be excavated without obtaining the prior express and specific permission of the Highway Authority
- The applicant shall ensure that the banner/bunting does not cause a danger or nuisance to the public
- Except where agreed as part of this consent no part of the highway may be closed at any time without the express and specific consent of the highway authority
- Any request for an extension to the period for which the consent has been granted must be made by submitting a further application to the Highway Authority at least 48 hours (excluding Saturday and Sunday and Bank Holidays) prior to the expiry of the existing consent .
- The applicant shall indemnify the Highway Authority against all liability, loss, claim or proceeding whatsoever arising under the statute or common law, which may arise from the placing, maintenance or removal of banner/bunting over the highway
- The applicant shall hold public liability insurance for the duration of the consent in an amount not less than £5 million in respect of each and every occurrence or series of occurrences caused by or attributable to any event giving rise to a claim
- The applicant shall accept liability for any damage caused to the highway by the banner/bunting or by the erection, removal or maintenance of the banner/bunting and any such damage shall be repaired to the satisfaction of the Highway Authority at the expense of the consent holder
- Any alterations to a consented banner/bunting shall cause the consent to be withdrawn unless the Highway Authority first agrees such alterations. Where such alterations are to be made the applicant shall seek the consent of the Highway Authority in writing giving full details of the alterations proposed
- Nothing in this consent permits the applicant to interfere with or prevent or restrict access to apparatus owned, used or maintained by Statutory Undertakers
- The consented banner/bunting shall not advertise any event product or business that is of a commercial nature without the relevant planning permission required for advertisements. Any such wording or logo size and content shall also be agreed with the Highway Authority in accordance with the Town and Country Planning (Control of Advertisements)(England) Regulations 2007or any amendment thereto or superseding legislation. Banners/bunting of a purely advertising nature are not permitted
- It is the applicant's responsibility to obtain the necessary permission from any property owners to which the banner/bunting will be attached or overhang. Where the banner/bunting is attached to such property the applicant shall be responsible for any damage caused to property by the banner/bunting whilst it is present, including during erection and removal of the banner/bunting
- No part of the banner/bunting shall be attached to any street furniture or lighting column without separate written express and specific permission from the Highway Authority. Where such permission is granted the applicant shall comply with all conditions attached to the permission
- Nothing in this consent absolves the applicant from obtaining Planning Permission where such is required
- The Highway Authority may request a qualified structural engineers report at the applicant's expense to certify that the fixture to which the banner/bunting is attached is structurally strong enough to support its own weight and the loading of any wind or precipitation
- The ‘highway’ can include the carriageway, footway and any verge
- If the applicant objects to these conditions or a refusal by the Highway Authority to approve a consent then he may appeal to the magistrates’ court
This fee was introduced on 09 October 2018 following a thorough review of the costs associated with supplying each of our chargeable services. The findings from the Council’s 2017 “Shaping Hampshire” consultation indicated that residents would prefer the Council to close the gap in its budget through the revision of charges, and pay more for services rather than have existing services cut. It was deemed necessary to introduce changes to previously un-charged applications in order to further close this gap.
If you're happy you understand the conditions and charges