Apply for consent to place or store materials on the highway
Consent is required to place or store materials on any part of the highway
- What is it for
Consent is required if you want to place or store materials on the Highway. This may include building materials, spoil, storage containers, debris from trees/vegetation and traffic management (not including traffic lights).
Any damage to the Highway will be recharged to the Consent holder.
Consent is not necessary if materials are placed on private land.
- Who can apply
Anyone can apply, but you must comply with the terms and conditions of the consent as listed below.
These include holding at least £5 million in public liability insurance. The consent will only be granted to the individual or firm making the application. It cannot be transferred to any other person or firm.
Any consent issued by Hampshire County Council to work on the highway to carry out tree felling (or any other tree work) DOES NOT give permission to fell or prune highway (or any other) trees. It is the applicants responsibility to establish the ownership of any trees/ vegetation that is effected.
- Before you apply
When applying for consent to store materials on the Highway it is a requirement that the applicant shall hold £5 million public liability insurance.To enable us to process your application please supply details of what exactly is to be placed on the Highway. Please supply a 1:500 scale plan with a precise location of where the materials/ container are to be stored. .
When the application is reviewed, if required, you may be asked to provide the following additional documentation;
- A risk assessment
- Signing and guarding proposals
Note: Failure to provide appropriate supporting documentation will delay the processing of your application.
- Conditions of consent
Conditions of consent
Made under Section 171 of the Highways Act 1980
- The applicant shall not carry out any excavation or other works in the highway, except in accordance with a plan, to be submitted with this application, and approved by the Highway Authority. The applicant shall ensure that persons carrying out the work are qualified and competent. For the purposes of carrying out the works, the contractor shall comply with the Codes of Practice for Training issued under the New Roads & Street Works Act 1991. Specifically the contractors’ supervisor will be trained and accredited to the requirements of the Codes of Practice
- The materials must be placed so that they do not obstruct other premises, impede the surface water drainage nor obstruct access to fire hydrants, gullies, manholes and apparatus of any statutory undertaker. Nor must they be placed in such a position as to contravene any Traffic Regulation Order
- The materials shall:
a) Be placed and stored in a safe manner so as not to cause a danger or nuisance to other highway users
b) Be placed in such a position as to be clearly visible to traffic approaching from any direction at a distance of not less than 75m (250ft) and shall not be placed within 20m (75ft) of a road junction)
c) Be placed so as to avoid undue obstruction and interference with users of the highway. At least 1.25m on the footpath shall be kept clear for the safe passage of pedestrians at all times. If this clearance on the footway cannot be maintained, a portion of the carriageway must be fenced off for protection. Such fencing will need to be approved by the highway authority and may be subject to further conditions)
- All materials 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
- During the hours of darkness (between half an hour before sunset and half an hour after sunrise) the materials shall be illuminated by means of amber danger lamps. Such illumination shall be provided to define the extent of any obstruction of the highway. The lighting requirements will differ with each application and the contractor’s proposals for such may be required by the Highway Authority prior to granting the consent. Lamps shall be steady and have an illuminative power of not less than one candela and shall be placed in such a manner as to not cause a nuisance or danger to pedestrians or vehicular traffic and shall comply with S55 Traffic Signs Regulations and General Directions 2002
- No part of the highway shall be excavated without obtaining the prior express and specific permission of the Highway Authority
- 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
- No materials deposited on the highway shall contain any inflammable, explosive, noxious or dangerous material, or any other material that is likely to putrefy or otherwise become a nuisance or danger to users of the highway, wildlife or plant life
- Any request for an extension to the period for which the consent has been granted must be made by submitting a further application and fee 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 in respect of any deposit of building materials, rubbish or other thing in the street under s171 Highways Act 1980
- 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
- On the expiry of the consent, the highway where the materials were stored shall be left in a clean and tidy condition and any damage to the highway shall be repaired without delay to the satisfaction of the Highway Authority at the expense of the applicant
- The Highway Authority reserves the right to carry out inspections to ensure compliance with these conditions at the cost of the consent holder. Where inspections are deemed necessary the Highway Authority will include a fixed number of inspections as a condition of this consent. Such conditions and charges will be notified to the applicant prior to the granting of the consent
- Nothing in this consent absolves the applicant from his responsibilities to maintain access or provide protection to apparatus owned, used or maintained by Statutory Undertakers
- The Highway Authority may require the materials to be removed prior to the expiry of the consent
- If a breach of conditions is committed, the Highway Authority may remove the obstruction and recover reasonably incurred expenses from the person convicted of the offence
- Consent issued by Hampshire County Council to work on the highway to carry out tree felling (or any other tree work) DOES NOT give permission to fell or prune highway (or any other) trees. Ownership of the subject trees must be established by the consent holder and the consent holder must satisfy themselves that they have the correct permissions from the appropriate persons and/or authorities to carry out the works
- 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
- A criminal offence is committed if these conditions are breached
If you're happy you understand the conditions and charges