The Public Highway can include any carriageway, footway, pedestrianised area or verge that is Highway maintainable at Public expense. The Authority may grant permission for the placing of private apparatus along, over or across a Public Highway.
The private apparatus may be temporary or permanent. Typical examples may be a private telephone cable which spans a street between buildings or a small canopy on a building.
This type of licence is dealt with by us under Section 178 of the Highways Act 1980. Large projections from buildings, i.e. balconies, structural canopies or general building overhangs are dealt with under Section 177 of the Highways Act 1980. The construction of bridges over a Public Highway is dealt with under Section 176 of the Highways Act 1980.
Licence conditions
The maximum depth that the display can protrude over the public footway is 1.05 metres (3 feet 6 inches), subject to 2.10 metre (7 feet) clear passageway between the edge of the display and the road (or any intervening pavement furniture such as a bollard or telephone box). We reserve the right, in exceptional circumstances, to allow a greater depth of display where the pavement is very wide, or a smaller depth of display where pedestrian footfall is very high.
All goods or equipment on display under the terms of the licence shall be kept within the area specified. To allow for the safe passage of pedestrians beneath projections from frontage development, such as canopies, blinds, CCTV equipment, a minimum vertical clearance of 2.75 metres is required from the surface of the footway to the underside of any projection. If at a future date pavement furniture is added by the Council and the display area of the Licence is affected, the Licence will be reviewed or removed.
The owners of the apparatus must have, and maintain, Public Liability Insurance cover (minimum £2 million for small apparatus and £5 million for the larger type building/apparatus). A Street Works Accredited Supervisor is required for all persons working on or over a public highway. Operatives should also be accredited where appropriate for their specific duties.
You can apply by any of the following means:
Contacting us in writing, telephone or email. Please use the contact forms below to request an application form.
Applications should be accompanied by the following:
Evidence of the prospective Licensee’s public liability insurance cover to the value of £5 million.
A completed indemnity form signed by the prospective Licensee.
Details of the proposed canopies\ awnings particularly with regard to height above the publicly maintainable highway, the distance that the projections extend over the highway and the clearance between the projections from the nearest edge of the carriageway.
Applicants should be aware that the overhanging projection would have to be approved by the Highway Maintenance Section prior to the granting of the licence and that any licence granted under this process is separate to any planning permission or any other highway permissions that may be required.
If your application for a licence is turned down, you cannot appeal. Our decision as the highway authority is final.
Can I start work before my licence is granted (i.e. will tacit consent apply)?
No. It is in the public interest that we must process your application before it can be granted. If you have not heard from us within a reasonable period, please contact us.
There is an application fee which charged for this licence and this will be invoiced following issue of the licence.
The Licence is issued for a period of five years after which time it will be reviewed. Please contact us a couple of weeks before it is due to expire.
Planning permission or advertisement consent is also likely to be required. Please check with the Planning Department. Licences will normally be sought and granted as part of the planning process of some structures; however, in some circumstances, it may be applicable to grant a Highway Projection Licence separately.
The legislation does not require a public register to be kept of Highway Projection Licences.
