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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.

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Highways Maintenance
Environmental Management
Lister Road Depot
Lister Road
Dudley
DY2 8JW