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Easing of Coronavirus restrictions

Power by the highway authority to remove apparatus and/or withdraw a licence

Question:
Power by the highway authority to remove apparatus and/or withdraw a licence
Answer:

In some cases the highway authority may use its powers to withdraw a licence, remove the apparatus or structure and recharge any costs incurred in doing so to the licensee. Examples of such instances are:

  • Failure to comply with conditions applied to the licence
  • Where it is believed that the apparatus or structure has been abandoned
  • Where land has been transferred but not notified to the highway authority
  • In extreme cases, where the apparatus or structure is in conflict with the statutory duties placed on the highway authority.

Should the highway authority wish to use its powers to withdraw, remove and recharge, a notice will be served on the licence holder a minimum of seven days before any works commence. A resolution will be sought but should the licensee fail to respond, the highway authority will instruct works to commence.

Such a notice as referred to above will be issued to the licence holder even if the land has been transferred. It is therefore vital that licensee’s transfer their obligations as all costs incurred by the highway authority will be charged to the licensee regardless of whether they still own the land stated on the licence.

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