Apply for consent to place a planter on the public highway
Consent is required to place a planter on the public highway
- What is it for
This consent grants permission to place, maintain and remove a planter on the public Highway.
- Who can apply
Usually District/ Borough councils or local community groups will apply, but anyone can apply as long as no less than £5million in Public liability insurance is in place and they comply with the terms and conditions listed below.
The consent will only be granted to the individual or group making the application it cannot be transferred to any other person or group.
- Before you apply
When applying for consent to place a planter on the public Highway it is a requirement that the applicant shall hold at least £5million in Public Liability Insurance.
To enable us to process your application please supply:
- Details of what exactly is to be placed on the Highway
- Including, if possible a photograph of the planter and the dimensions
- A 1:500 scale plan with a precise location of where the planter is due to be placed
- Name, address and telephone number of a person who can be called out on a 24 hour a day basis to deal with any emergencies
- Signing and guarding proposals I(if required by the County Council)
- A risk assessment (if required by the County Council)
Note: Failure to provide appropriate supporting documentation will delay the processing of your application.
- Consent conditions
Conditions of Licence
Made under Section 144/ Section 115E of the Highways Act 1980
- Where consent is granted under section 144/ Section 115E Highways Act 1980, the consent is granted to the applicant only and is not transferable
- The applicant shall indemnify and keep indemnified the County Council fully against all claims, proceedings, actions, damages, legal costs, expenses and any other liabilities whatsoever arising out of, in respect of, or in connection with the use of the planter(s) including loss of or damage to property
- The applicant shall take out and maintain a Public Liability Insurance policy with a limit liability of £5million. The insurance policy shall be taken out for the duration of the consent and shall, when required by the County Council, produce evidence of such insurance to the satisfaction of the County Council
- 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 County Council at least 48 hours (excluding Saturday and Sunday and Bank Holidays) prior to the expiry of the existing consent
- No shrub, plant or grass of a poisonous nature, or otherwise likely to constitute a source of danger, nuisance, or annoyance to persons or animals on the highway, shall be planted within the planter. No tree (?), shrub or plant within the planter shall exceed 1.5M in height
- The maintenance of all existing and proposed planters. Shall be the sole responsibility of the applicant. All tress (?), shrubs, plants and grasses within the planters to which this consent applies shall be properly cut, pruned and trimmed at all times during the continuance of this consent
- Planters will not be permitted on any part of the highway so as to enclose it or to prevent the free passage of Highway users
- Planters will not be permitted where they obstruct visibility at junctions, crossing points, bends, or private entrances
- The contents within the planter shall not be allowed to obstruct or interfere in any way with, or become a danger, nuisance or annoyance to passage along the carriageway, footway or verge or to overhang the premises of any person
- The County Council reserves the right to vary conditions of the consent at any time during the period the consent is effective
- If it appears to the County Council that any planter or its contents contravenes the requirements of any conditions of the consent, the County Council may withdraw the consent upon 7 days notice and thereafter remove the planters. The County Council’s costs of doing so shall be met by the applicant
- Should the County Council be considering revoking its consent it will give the applicant 3 months’ prior notification of its intention to do so.
- Where a consent expires or is withdrawn the County Council, the County Council may remove the planter to which the consent relates and may recover the expenses reasonably incurred by them in doing so from the last applicant
- In the event of an emergency the County Council and service providers reserve the right to remove any planters and their contents and will not be liable for any consequential damage caused
- The applicant shall:
(a)Carry out an inspection of the planters 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 Hampshire County Council are to have access to said documents if required. Nil returns are to be recorded in the same manner
(b)Applicant to inform HCC within 7 days of any issue relating to safety and security of the planter and to provide an email address / phone number of who to contact
(c) 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
- 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 planters 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 planter(s). The planters must not advertise any event, product or business that is of a commercial nature except for: Any firm or association, or similar, paying for the planter to be erected in a publicly maintainable area may incorporate their name or logo as part of the display
- No part of the highway shall be excavated without obtaining the prior express and specific permission of the Highway Authority
- The erection, removal or maintenance of any planter 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
- Except where agreed as part of this consent no part of the highway may be closed at anytime without the express and specific consent of the Highway Authority
- If approved consent will be provided for a period of 12 months from the date of approval
- 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 an appeal may be made to the Magistrates’ Court
- Approval process
Upon receipt of your application an engineer will asses the site to determine its suitability. In some instances further information may be required before the application is approved.
Following this assessment we will contact you with the outcome:
- Approval of you application, along with any additional conditions that may be required. Consent is granted for a period of 12 months
- Rejection of your application and justification for this outcome
Does tacit consent apply? No, due to safety legislation you application is not approved until you are issued with an Approval notice by us.
Note: if your application is to place a planter close to a pedestrian crossing it is unlikely that your application will be approved.
- If you are happy you understand the conditions