Projections over the Highway
A licence is required to cover projections over the highway and must be obtained from the Highway Authority for:
Permanent projections where buildings / structures will overhang the highway.
Temporary projections such as the boom of a crane placed on private land that will project across the highway during working operation.
Such licences are granted under various sections of the Highways Act 1980 (dependent on the proposal) and are valid for as long as the projection remains in place.
Applications must be made by the owner of the proposed projection and/or the land to which the projection is associated. The applicant will need to consider and accept the responsibilities placed on a licence holder and provide:
Full details of the proposed projection including the type, purpose, construction method and location.
Evidence of Public Liability Insurance valid for the full duration of the proposed licence with a minimum cover of £5,000,000
Confirm that they are owner
In summary, a licence holder is required to:
Contact all organisations who may have an interest in the highway (utility companies, etc) to notify them of the proposal, seek objections or concerns and obtain copies of existing apparatus in the location in question. A contact list is available on request.
Ensure that the contractor carrying out any works in the highway is accredited, insured and applies for and receives permission to commence works.
Ensure works are planned correctly and carried out safely and expeditiously.
Ensure that all conditions applied to the licence are fulfilled
Notify the highway authority of any issues that arise.
Provide an as-built drawing on completion of works.
Ensure the projection is maintained and does not cause a danger to the public or damage to the highway infrastructure including other buildings and/or apparatus.
Indemnify the highway authority against all claims including injury, damage or loss arising from any aspect of the apparatus or structure licensed including installation, maintenance and removal and also as a result of the presence of the apparatus or structure. It is therefore necessary that suitable insurance is in place for the life of the licence and must cover a minimum of £5,000,000 for each claim with no limit to the number of claims.
Ensure the licence is correctly transferred to a third party if the land/apparatus is sold.
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:
Payment of the application is received upfront before assessment
The application will be validated to ensure that the applicant has confirmed that they are the owner of the projection and agree to the licence conditions
The proposal will be reviewed and consideration given to alternative options, the effect on the highway and potential risk to the highway infrastructure and the public.
Evidence of third party agreements will be reviewed if applicable
The proposed installation and construction method will be considered
Will Tacit Consent Apply?
Permission must be obtained under various sections of the Highways Act 1980 before a projection can be constructed/installed/put to use. We aim to process applications within fifteen days but if you have not heard from the local authority by the fifteenth 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.
This facility will be available soon.
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.
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, Consumer Direct 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