Placement of a Scaffold and/or Hoarding on the Public Highway
Licence summary
Permission must be obtained from the Highway Authority to place a scaffold and/or hoarding on the public highway as required by Section 169 and 172 of the Highways Act 1980.
Applications must be made by the owner of the scaffold or hoarding and if approved, the 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 scaffold or hoarding who will need to provide evidence of:
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Accreditation to erect, maintain and dismantle scaffolds (for scaffolds)
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Public Liability Insurance valid for the full duration of the proposed permit with a minimum cover of £5,000,000
Regulation Summary
All applications are considered prior to issuing permission to ensure that the location will not endanger or obstruct highway users. Applications are made to the Highway Authority within the necessary timescales and all are chargeable.
Where approved, the permit holder agrees to comply with the following:
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To ensure the permit is received before any scaffold or hoarding is placed on the highway
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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 consequential damage to the highway must be repaired at the cost of the permit holder.
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The applicant must hold public liability insurance with minimum cover of £5million 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. In the case of scaffolds, this applies to the scaffold company and the person(s) working on the scaffold (e.g. roofing company)
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An item must not be placed in such a way as to obstruct or 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.
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The scaffold must only be erected and dismantled between the hours of 07.30 and 20.30 on all days unless a special condition is applied to the permit.
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In the case of scaffolds, poles/supports must not cross the highway in such a way as to cause an obstruction to highway users passing beneath the scaffold.
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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 erection, use and removal of the scaffold or hoarding must consider and accommodate for all highway users.
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Failure to comply with any of the standard conditions may result in a prosecution
Application Evaluation Process
Fees will be payable at the time of application and further conditions in addition to the standard conditions may be applied.
The evaluation process:
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The application will be validated to ensure that the applicant is the owner of the scaffold or hoarding who is required to meet the conditions
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Public liability insurance and accreditation records are reviewed to ensure evidence is recorded and is valid for the duration of the proposed permit
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Payment of the application is received upfront before site inspection
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The proposed use and location is assessed
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Consideration of whether special conditions are required is made (whether an alternative pedestrian route will be required, specific times/days that the scaffold or hoarding must be erected and dismantled, etc)
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 169 and Section 172 of the Highways Act 1980 prior to placing a scaffold and/or hoarding on the public highway. We aim to process applications within ten days but if you have not heard from the local authority by the tenth 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
access the application form on this page|.
Failed Application Redress
Please contact your Local Authority in the first instance.
Licence Holder 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.
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, 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
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