Apply for a licence or consent to plant alongside the highway

What is it for

Section 142 of the Highways Act 1980 gives powers to the highway authority to issue a licence for the occupier or owner of premises adjoining the highway to plant and maintain, or retain and maintain shrubs, plants or grass in the part of the highway specified in the licence. The planting of trees is not permitted as part of this process.

In practice, any licences will be related to planting or a mowing regime on the highway verge.

Who can apply
  • Owners or occupiers of premises adjoining the highway can apply for a licence to plant and maintain shrubs, plants or grass at that location
  • Local Councils (Parishes, Towns, Borough and Districts) can apply to the County Council for consent under Section 96 of the Highways Act 1980 to cultivate

Other applicants such as community groups or charities are encouraged to approach their Local Council (e.g. Parish or Town) to request that the authority submits the application on their behalf. If this is not possible, other applicants are welcome to apply and we will make contact to discuss the specific application. Please reference your communication with the local council in section 4 of the application form, when providing details of how you want to cultivate.

Before you apply

Note that the presumption is against cultivation licences or consents on high speed roads (roads with a speed limit above 40 mph) in rural areas due to safety issues.

When applying for a licence or consent to plant alongside the highway it is a requirement that the licensee or applicant holds £5 million public liability insurance.

We advise that plants and seeds are not purchased until approval has been granted and the licence or consent has been issued. This is because we may not be able to approve the varieties or species in the location.

It is important that you have the following information available when completing your application and provide it, where prompted in section 4 of the form:

What you are applying to do under a cultivation licence or consent e.g. sowing seeds, planting (shrubs, bulbs, plug plants), a mowing regime or removal of arisings

For applications to sow seeds the following information must be provided:

  • Name and reference of the seeds. Where possible, provide a web link directly to the product. If this is not possible, advise us of the variety of seeds or contents of a mix including the proportions
  • Name of seed supplier (this could be an online supplier or the brand of seeds). Further information on seeds can be found in the Seeds and seed mixes section

If the application includes planting (bulbs, plug plants, shrubs etc.) the following information must be provided:

  • Names and number of each species to be planted. Where possible provide a web link to the plants on the supplier website
  • Name of supplier (this could be an online supplier, particular brand or local garden centre)

The precise location of the area to be cultivated must be stated. The applicant shall also supply a plan which clearly identifies the location of the area to be cultivated which shall be shaded or outlined in red and must include dimensions of the area

Be aware that access to any apparatus located within the area of the cultivation licence or consent must be maintained at all times. Apparatus could include, soakaways, gullies, chamber covers, pipes, cables etc. It is the licensee’s or applicant’s responsibility to locate and identify any apparatus that may already be on the site and obtain any permissions from appropriate third parties or other authorities prior to commencing their work.

When accessing or carrying out works on the apparatus, the Highway Authority, statutory undertakers or third parties may damage shrubs, plants or grass that form part of the cultivation licence or consent. Note that neither the Highway Authority nor statutory undertakers will be liable for any damage caused.

The planting of trees are not permitted as part of this process. Further information about requests to plant highway trees can be found on the Request highway tree planting page.

Seeds and seed mixes

Seeds shall be of a native variety and contain no unusual or rare species. A standard meadow mix of common UK sourced flower species is recommended. For urban areas a cornfield mix which provides a more immediate colourful display in one growing season may be appropriate. For further information on the types of species expected in Hampshire, details see our guide to wild flower seeds.

Plants, shrubs and bulbs

All plants, shrubs bulbs etc. must be of a native variety characteristic of the local area. Further information on species characteristic of a local area can be sought from the Hampshire Biodiversity Information Centre by emailing [email protected].

Information for local councils and community groups

Hampshire County Council’s Countryside Service is running a pollinator pledge initiative which hopes to encourage local councils and community groups to improve their local environment for pollinators and provides tools and resources to facilitate this. For more information see the Parish Pollinator Pledge.

Conditions of licence or consent
Cultivation licence conditions for the owner, or occupier of the premises adjoining the part of the public highway to be cultivated

Made under Section 142 of the Highways Act 1980

  1. Where a licence is granted under subsection 2(a), the licence is granted to the Licensee only and is not transferable
  2. Where a licence is granted under subsection 2(b), the licence transfers to the successors, in title, of the stated Premises. The Licensee shall inform the Highway Authority, within one month, of any change in ownership of the Premises

    3. Term

  3. 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 2 months prior to the expiry of the existing licence

    4. Planting etc conditions

  4. No part of the highway may be planted so as to enclose it or to obstruct the public right to pass and re-pass over the highway
  5. No hole shall be dug to a greater depth than 2 feet (600mm) in connection with the planting of shrubs, plants, grass or any other vegetation covered by this licence, nor shall any hole be dug within 3 feet (1 metre) of the line of any apparatus of Statutory Undertaker, Sewerage Authority or anyone in possession of a telecommunications licence or any other apparatus within the highway
    • a) No shrub, plant, grass or any other vegetation 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
    • b) No shrub, plant, grass or any other vegetation which has been planted under this licence shall be allowed to exceed 2 feet (600mm) in height
  7. No shrubs plants, grass or any other vegetation shall be planted that may interfere with sight lines (visibility splays) at a road junction
  8. A cultivation licence may be granted where trees are present, but trees are not included within the terms of the licence and will remain the responsibility of the Highway Authority
  9. Pruning of trees for reasons other than clearing an obstruction shall require the approval of the Highway Authority
  10. All shrubs, plants, grass or any other vegetation to which this licence relates shall be properly cut, pruned and trimmed at all times during the continuance of this licence and no such shrub, plant, grass or other vegetation shall be allowed to obstruct, overhang 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
  11. The Licensee shall keep the part of the highway to which this licence relates in a neat and tidy condition to the satisfaction of the Highway Authority
  12. The Licensee shall not remove any soil or materials from any part of the public highway or otherwise do anything that would interfere with the support given to the rest of the highway
  13. Persons authorised by the Highway Authority or any Statutory Undertaker, Sewerage Authority, or holder of a telecommunications licence may at any time enter the part of the public highway to which this licence relates in order to carry out authorised works. In accessing apparatus or carrying out authorised works, damage and / or disturbance may be caused to any shrubs, plants, grass or any other vegetation to which the licence relates. Neither the Highway Authority nor Statutory Undertakers will be liable for any damage caused
  14. The issue of a licence to cultivate the highway does not authorise the Licensee to interfere with apparatus already existing in the highway. At all times access and visibility must be maintained to any apparatus within the highway
  15. Nothing in this licence absolves the Licensee from his responsibilities to maintain access or provide protection to apparatus owned, used or maintained by Statutory Undertakers, Sewerage Authorities or anyone in possession of a telecommunications licence

    16. Withdrawal of licence

  16. In accordance with section 142 (6) Highways Act 1980 the Highway Authority may, by notice served to the Licensee, withdraw the licence:
    • a) on the expiration of such period as may be specified in the notice, being a period of not less than 7 days beginning with the date of service of the notice on the Licensee, if any condition of the licence is contravened by the Licensee; or
    • b) on the expiration of such period as may be so specified, being a period of not less than 3 months beginning with the said date, if the Highway Authority consider the withdrawal of the licence necessary for the purpose of the exercise of their functions as a highway authority

    17. Removal of planting etc

  17. In accordance with section 142(7) Highways Act 1980, where the licence expires or is withdrawn or surrendered, the Highway Authority:
    • a) may remove all or any of the shrubs, plants, grass or any other vegetation to which the licence relates and reinstate the highway and may recover the expenses reasonably incurred by them in doing so from the last Licensee ; or
    • b) if satisfied that the last Licensee can, within such reasonable time as they may specify, remove such shrubs, plants, grass or any other vegetation or such of them as they may specify and reinstate the highway, may authorise him to do so at his own expense

    18. Indemnity

    • a) In accordance with section 142(8) Highways Act 1980, the Licensee and the person who immediately before the expiration, withdrawal or surrender of a licence was the Licensee or, if that person has died, his personal representatives shall indemnify the Highway Authority against any claim in respect of injury, damage or loss arising out of or in connection with:
      • (i) the planting or presence in a highway of shrubs, plants, grass or other vegetation to which the licence relates, or
      • (ii) the execution by any person of any works authorised by the licence or by the Highway Authority under section 142(7) Highways Act 1980, or
      • (iii) the execution by or on behalf of the Highway Authority of any works under section 142(7) Highways Act 1980
    • b) In addition, the Licensee shall indemnify the Highway Authority against all liability, loss, claim or proceedings whatsoever arising under the statute or common law in respect of the planting, maintaining, retaining or removal of shrubs, plants grass or any other vegetation to which this licence relates

    19. Insurance

    • a) The Licensee shall hold public liability insurance 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
    • b) The Licensee shall hold such insurance cover for the duration of the licence and shall, when required by the Highway Authority, produce evidence of such insurance to the satisfaction of the Highway Authority

    20. Other consents

  20. The issue of a licence does not dispense the Licensee from obtaining any other consent, licence or permission which may be required for their works. The Licensee is responsible for identifying and obtaining any necessary consents, licences or permissions from any third parties or other authorities having an interest in the works or apparatus prior to commencing their works

Note that additional conditions may be attached as required.

Cultivation consent conditions for Local Councils (Parish, Town, Borough or District)

Made under Section 96(4) or 96(5) of the Highways Act 1980

    Term

  1. Any request for an extension to the period for which this consent has been granted must be made by submitting a further application to the Highway Authority at least 2 months prior to the expiry of the existing consent

    2. Planting etc conditions

  2. No part of the highway may be planted so as to enclose it or to obstruct the public right to pass and re-pass over the highway
  3. No hole shall be dug to a greater depth than 2 feet (600mm) in connection with the planting of shrubs plants, grass or any other vegetation covered by this consent, nor shall any hole be dug within 3 feet (1 metre) of the line of any apparatus of Statutory Undertaker, Sewerage Authority or anyone in possession of a telecommunications licence or any other apparatus within the highway
    • a) No shrub plant, grass or any other vegetation 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
    • b) No shrub, plant, grass or any other vegetation which has been planted under this consent shall be allowed to exceed 2 feet (600mm) in height
  5. No shrubs, plants, grass or any other vegetation shall be planted that may interfere with sight lines (visibility splays) at a road junction
  6. A cultivation consent may be granted where trees are present, but trees are not included within the terms of the consent and will remain the responsibility of the Highway Authority
  7. Pruning of trees for reasons other than clearing an obstruction shall require the approval of the Highway Authority
  8. All shrubs, plants, grass or any other vegetation to which this consent relates shall be properly cut, pruned and trimmed at all times during the continuance of this consent and no such shrub, plant, grass or other vegetation shall be allowed to obstruct, overhang 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
  9. The Authority stated on application shall keep the part of the highway to which this consent relates in a neat and tidy condition to the satisfaction of the Highway Authority
  10. The Authority stated on application shall not remove any soil or materials from any part of the public highway or otherwise do anything that would interfere with the support given to the rest of the highway
  11. Persons authorised by the Highway Authority or any Statutory Undertaker, Sewerage Authority, or holder of a telecommunications licence may at any time enter the part of the public highway to which this consent relates in order to carry out authorised works. In accessing apparatus or carrying out authorised works, damage and / or disturbance may be caused to any shrubs, plants, grass or any other vegetation to which the consent relates. Neither the Highway Authority nor Statutory Undertakers will be liable for any damage caused
  12. The issue of a consent to cultivate the highway does not authorise the Authority stated on application to interfere with apparatus already existing in the highway. At all times access and visibility must be maintained to any apparatus within the highway
  13. Nothing in this consent absolves the Authority stated on application from their responsibilities to maintain access or provide protection to apparatus owned, used or maintained by Statutory Undertakers, Sewerage Authorities or anyone in possession of a telecommunications licence

    14. Withdrawal of consent

  14. The Highway Authority may, by notice served to the Authority stated on application, withdraw this consent:
    • a) on the expiration of such period as may be specified in the notice, being a period of not less than 7 days beginning with the date of service of the notice on the Authority stated on application, if any condition of the consent is contravened by the Authority stated on application; or
    • b) on the expiration of such period as may be so specified, being a period of not less than 3 months beginning with the said date, if the Highway Authority consider the withdrawal of the consent necessary for the purpose of the exercise of their functions as a highway authority

    15. Removal of planting etc

  15. Where this consent expires or is withdrawn or surrendered, the Highway Authority:
    • a) may remove all or any of the shrubs, plants, grass or any other vegetation to which the consent relates and reinstate the highway and may recover the expenses reasonably incurred by them in doing so from the Authority stated on application; or
    • b) if satisfied that the Authority stated on application can, within such reasonable time as they may specify, remove such shrubs, plants, grass, or any other vegetation such of them as they may specify and reinstate the highway, may authorise the Authority stated on application to do so at their own expense

    16. Indemnity

    • a) The Authority stated on application shall indemnify the Highway Authority against any claim in respect of injury, damage or loss arising out of or in connection with:
      • (i) the planting or presence in a highway of shrubs, plants, grass or other vegetation to which the consent relates, or
      • (ii) the execution by any person of any works authorised by the consent or by the Highway Authority under condition 15(b), or
      • (iii) the execution by or on behalf of the Highway Authority of any works under condition 15(a)
    • b) In addition, the Authority stated on application shall indemnify the Highway Authority against all liability, loss, claim or proceedings whatsoever arising under the statute or common law in respect of the planting, maintaining, retaining or removal of shrubs, plants, grass or any other vegetation to which this consent relates

    17. Insurance

    • a) The Authority stated on application shall hold public liability insurance 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
    • b) The Authority stated on application shall hold such insurance cover for the duration of the consent and shall, when required by the Highway Authority, produce evidence of such insurance to the satisfaction of the Highway Authority

    18. Other consents

  18. The issue of this consent does not dispense the Authority stated on application from obtaining any other consent, licence or permission which may be required for their works. The Authority stated on application is responsible for identifying and obtaining any necessary consents, licences or permissions from any third parties or other authorities having an interest in the works or apparatus prior to commencing their works

Note that additional conditions may be attached as required.

Timescales

The applicant should allow two months between the date of application and the date on which the licence or consent is intended to commence. Therefore, applicants should allow plenty of time ahead of the planting season (where applicable) for their application to be processed. This is to allow appropriate application checks to be undertaken.

Planting or any other cultivation activity should not commence before approval of the application has been issued.

Charges
  • £209.50
  • for three years

Should your application include more than five locations we may require an additional fee to process your request. If this is the case, you will be contacted following submission of your application. A location is defined as an individual plot.

If you would like to cancel your application after submission, you may not be entitled to a full refund if work has already commenced to process it.

You will receive an automated receipt when paying for this service. No VAT is charged as this is a non-business service and the VAT is classed as ‘out-of-scope’. However, should it be required for your records, Hampshire County Council’s VAT number is GB 189 4068 22.

Apply

If you're happy you understand the conditions and charges.

Upon application you will be required to pay the fee. Please have your payment details ready before submitting your application.

Apply for a licence or consent to plant alongside the highway