Placement of an Item on the Public Highway Permit

Licence summary

Permission must be obtained from the Highway Authority to place an item such as building materials, skips bags and similar items on the public highway as required by Section 171 of the Highways Act 1980.

Applications must be made by the owner of the item and if approved, the item owner carries all of the responsibilities in adhering with regulations, standard conditions and any special conditions that may be applied to the permission. 

Eligibility Criteria

Applications must be made by the owner of the item who will need to provide evidence of:

  • Public Liability Insurance valid for the full duration of the proposed permit with a minimum cover of £5,000,000

All applications are considered prior to issuing permission to ensure that the proposal will not endanger highway users. Items such as bags and materials will not normally be permitted on a carriageway except in exceptional circumstances and special conditions would apply.

Applications are made to the Highway Authority within the necessary timescales and all are chargeable. Wherever possible, an item must be placed on private property. Where applications are received without a just cause to place the item on the highway and it is clear that sufficient room is available on private land, the application will be refused and the fee is non-refundable. Sufficient room on private land is determined by the Highway Authority and is not negotiable.

Regulation Summary

The following is a summary of the requirements and applicants are advised to review the detailed guidance available at:

Placement of a Skip on the Public Highway Permit|

Where approved, the permit holder agrees to comply with the following:

  • To ensure the permit is received before the item is placed on the highway
  • To indemnify the County Council against any liability, loss, claim or proceedings arising from the item being placed on the highway or any activity associated to the item and it's placing on the highway. Any damage caused to the highway must be repaired at the cost of the permit holder.
  • The applicant must hold public liability insurance with minimum cover of £5 million for any one claim with no limit to the number of claims and the insurance must run for the full period that the permit covers.
  • An item must not be placed in such a way as to endanger highway users and must not impede surface water drainage or obstruct access to premises, fire hydrants, gullies, manholes or any apparatus belonging to Statutory Undertakers or other third parties.
  • Highway users must be taken as including members of the public pushing a double pushchair, using mobility scooters or having a physical condition that affects sight, vision or mobility. The placement of any item on the highway must consider and accommodate for all highway users.
  • The item must only be deposited and collected between the hours of 07.30 and 20.30 on all days unless a special condition is applied to the permit.
  • Failure to comply with any of the standard conditions may result in a prosecution
Fees will be payable at the time of application and further conditions in addition to the standard conditions may be applied.

Application Evaluation Process

The evaluation process:

  • The application will be validated to ensure that the applicant is the owner of the item who is required to meet the conditions
  • Public liability insurance will be reviewed to ensure evidence is recorded and is valid for the duration of the proposed permit
  • Payment of the application is received upfront before site inspection
  • The proposed use and location of the item is assessed
  • Consideration of whether special conditions are required is made

If approved, a permit will be issued to the applicant and the activity recorded on a central register, the contents of which are published.

Will Tacit Consent Apply?

No.

Permission must be obtained under Section 171 of the Highways Act 1980 prior to placing items on the public highway. We aim to process applications within five days but if you have not heard from the local authority by the fifth day, please contact the Highway Authority. You can do this online if you applied through the UK Welcomes service| or use the contact details below.

Apply online

Please note that this facility will be available shortly. In the meantime you can request a permit| on the following page. 

Failed Application Redress

Any applicant who is refused a licence can appeal to their local Magistrates' court or, in Scotland, to their local Sheriff.

Please contact your Local Authority in the first instance.

Licence Holder Redress

Any licence holder who wishes to appeal against a condition attached to their licence can appeal to their local Magistrates' court or, in Scotland, to their local Sheriff.

Consumer Complaint

We would always advise that in the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Advice Guide| will give you advice. From outside the UK contact the UK European Consumer Centre|.

Network Management Team Contact Details

Scott Denny:    01785 276552

Lisa Stewart:    01785 276634

Zoe Simmonds: 01785 276551 

 

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