Apply for a licence to deposit building materials on the highway
Building materials placed on any part of the highway
- What is it for
You need a licence if you want to place building materials on any part of the highway. Any damage caused to the highway will be recharged to the licence holder.
A licence is not necessary if materials are placed on private land.
- Who can apply
Anyone can apply, but you will be asked to provide proof of holding public liability insurance.
- Before you apply
The precise location where the materials are to be stored must be stated. Alternatively the applicant can supply a plan to a suitable scale (1:1250 in urban areas, 1:2500 in rural areas) which clearly identifies the location where the materials are to be stored.
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 shall include proof of holding at least £5 million public liability insurance with the application.
The applicant may be required to provide details of any lighting and signing & guarding prior to the approval of the licence.
Conditions of licence
Made under Section 171 of the Highways Act 1980
- 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 licence
- 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 licence. 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 licence 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 licence 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 licence
- 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 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
- On the expiry of the licence, 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 licence holder. Where inspections are deemed necessary the Highway Authority will include a fixed number of inspections as a condition of this licence. Such conditions and charges will be notified to the applicant prior to the granting of the licence
- Nothing in this licence 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 licence
- 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
- 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
- A criminal offence is committed if these conditions are breached
If you're happy you understand the conditions and charges