Apply for a hanging basket licence
Permission to hang flower baskets over the public highway
- Who can apply
Anyone can apply, but you will be asked to provide evidence of holding public liability insurance.
- Before you apply
The precise location where the baskets are to be erected must be stated. Alternatively the applicant can supply a 1:500 scale plan which clearly identifies the location where the baskets are to be erected.
The licence will only be granted to the individual or firm making the application. It cannot be transferred to any other person or firm.
The applicant must include proof of holding at least £5 million public liability insurance with the application.
The applicant must include details of their risk assessment, signing & guarding and their emergency procedure with their application.
Conditions of licence
Made under ss1 of S178 of the Highways Act 1980
- 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 has to be at least 0.5m clear 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 licence and may require it to be updated at any point during the term of the licence
- 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 licence
- 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 licence 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 licence 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 licence
- 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 baskets over the highway
- The applicant shall hold public liability insurance for the duration of the licence 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 licence to be withdrawn unless the Highway Authority first agrees such alterations. Where such alterations are to be made the licence holder must seek the consent of the Highway Authority in writing giving full details of the alterations proposed
- Nothing in this licence 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 licence absolves the applicant from obtaining Planning Permission where such is required
- The licensed 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 provided that the wording or logo size and content are agreed with the and the Highway Authority in accordance with the Town and Country Planning (Control of Advertisement)(England) Regulations 2001 or any amendment thereto or superseding legislation
- Hampshire Highway Authority, Street Lighting Policy Document 2001 Chapter 9 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 Policy
1.(a)17(a) and 17(b) shall be submitted before any works start on site
2.(b)The prospective applicant must provide the Highway Authority with a qualified structural engineers report at the expense of the applicant prior to the licence 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
3.(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
4.(d)If attached to a lamp column, remove all baskets and their supporting brackets and make good any damage to the column at the end of the licence period
- The applicant shall:
1.(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
2.(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
3.(c)Ensure that the basket does not obscure that the unit maintenance number or prevent the unit being maintained in any way
- 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 licence then he may appeal to the magistrates’ court
There is no charge for this licence.
If you're happy you understand the conditions and charges