Apply for a hanging basket consent
Permission to hang flower baskets over the public highway
- What is it for
This consent grants permission to erect, maintain and remove hanging baskets on, or over, the highway.
- Who can apply
Anyone can apply, but you will be asked to provide evidence of holding public liability insurance.
Consent will only be granted to the individual or firm making the application. It cannot be transferred to any other person or firm.
- Before you apply
When applying for hanging basket consent it is a requirement that;
- The applicant shall hold £5 million public liability insurance
To enable us to process your application please upload the following documentation;
- A 1:500 plan clearly identifying the location where the baskets are to be erected
- Name, address and telephone number of person who can be called out on a 24 hour a day basis to deal with emergencies.
- Signing and guarding proposals (if required by the County council)
- Risk assessment (if required by the County council)
Note: Failure to provide appropriate supporting documentation will delay the processing of your application.
- Conditions of consent
Made under section 115E, or sub section 1 of section 178, of the Highways Act 1980.
Conditions of consent
- Flower baskets may be mounted on street lighting columns provided they do not cause undue obstruction and interference with users of the highway and are at least 2.3m clear of the highest point of the public highway (including a publicly maintainable precinct or similar) or 2.3m clear of the highest point of a footway or similar. The basket must have at least 0.5m horizontal clearance of the main carriageway at all times
- The baskets must be designed, erected and maintained with due regard to a comprehensive written risk assessment. Such risk assessment must take particular account of the erection, maintenance and removal of the baskets and the effect of, and on, all types of traffic that will pass under or nearby. A copy of the risk assessment may be required by the Highway Authority prior to the granting the consent and may require it to be updated at any point during the term of the consent.
- The erection, removal and maintenance of any baskets must 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 details of the construction, 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 baskets and their contents do 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 of baskets over the highway, or the removal therefrom
- 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 or street furniture by the baskets or by the erection, removal or maintenance of them and any such damage must be repaired to the satisfaction of the Highway Authority at the expense of the applicant
- Any alterations to baskets will cause the consent to be withdrawn unless the Highway Authority first agrees such alterations. Where such alterations are to be made the consent holder must 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
- It is the applicant’s responsibility to obtain the necessary permission from the property owners where baskets overhang or are supported by private property
- Nothing in this consent absolves the applicant from obtaining Planning Permission where such is required
- The applicant must obtain the necessary consent from its Local Planning Authority for any form of advertisement that is displayed on the basket(s). The baskets must not advertise any event, product or business that is of a commercial nature except as follows: Any firm or association, or similar, paying for the baskets to be erected in a publicly maintainable precinct may incorporate their name or logo as part of the display.
- Hampshire Highway Authority, Street Lighting Maintenance Management plan, page 54 covers further, technical requirements for the erection of flower baskets. The following is a brief guide, but for the full details please refer to the plan
(a) 17(a) and 17(b) shall be submitted before any works start on site
(b) The prospective applicant may be asked to provide the Highway Authority with a qualified structural engineers report at the expense of the applicant prior to the consent being granted to certify that the column to which the basket is attached is structurally strong enough to support its own weight and the loading of any wind or precipitation together with the overall attachments proposed for each column
(c) If attached to a lamp column, the applicant must ensure that all painted or plastic coated surfaces are protected against damage by the means of attaching the basket(s)/basket supports to the column
(d) If attached to a lamp column, the applicant must remove all baskets and their supporting brackets and make good any damage to the column at the end of the consent period
- The applicant shall:
(a) Carry out an inspection of the baskets at least every week to satisfy themselves as to all aspects of its security and safety. The results of these inspections must be documented and records held for 6.5 years. Nil returns are to be recorded in the same manner
(b) Inform the Highway Authority of the name, address and telephone number of a person who can be called out on a 24 hour a day basis to deal with emergencies. The costs incurred in any such emergencies shall be borne by the applicant. Such a person must be fully conversant with the requirements of all relevant standards
(c) Ensure that the basket does not obscure the unit maintenance number or prevent the unit being maintained in any way
- Either party may terminate this agreement by serving no less than 1 months notice (or shorter period if agreed) in writing on the other. On the expiry of that notice the applicant shall remove the baskets and re-instate the highway to the Highway Authority’s satisfaction.
- Without prejudice to para 18 and without affecting any other right or remedy available to it, the Highway Authority may terminate this agreement with immediate effect by giving notice to the applicant if the applicant commits a material breach of any term of this agreement or the breach results in a danger or nuisance to the highway and the breach is not repairable or (if such breach is repairable) the applicant fails to repair that breach within a period of 30 days after being notified in writing to do so.
- 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
- The approval process
On receipt of your application, an engineer will asses the site to determine its suitability.
If consent is provided, further approval may be required from SSE if the baskets are to be attached to a lamp column.
It is the applicant's responsibility to obtain this approval from SSE.
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