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Licence to Cultivate the Public Highway

When is this licence required?

To cultivate the highway land or grass verges and plant various shrubs, plants etc, a licence is required. The height of such plants is restricted to a maximum of 1metre, but more generally 450mm.

The placing of rockery stones, fences, 'trip rail' etc are not permitted under any licence agreement.

The owner/occupier of the property will be responsible for the maintenance of the area for a period specified within the licence, this is typically a period of two years. It should be borne in mind that the land retains highway status and the various utility companies retain the right to excavate the area. Licence holders cannot expect prior notice from utility companies relating to such works.

Eligibility Criteria

Before any works are undertaken, the Council will require seven days advance notification, together with a start and finish date for the proposed works.

Regulation Summary

The Highways Act 1980 Section 142

Public liability insurance

Public liability insurance will be required to the sum of £5 million in line with all highway related works.

Conditions of Licence to Cultivate the Public Highway

  1. Public liability insurance will be required to the sum of £5 million in line with all highway related works. The applicant is required to submit proof of this prior to the licence being issued.

  2. No Structure, e.g. wall or fence shall be erected on the highway.

  3. The height of such plants is restricted to a maximum of 1metre, but more generally 450mm.

  4. The placing of rockery stones, fences, 'trip rail' etc are not permitted under any licence agreement.

  5. The highway authority may reinstate the highway to its standards and specifications and take steps to recover its cost in so doing if any of these conditions are not complied with.

  6. The owner/occupier of the property will be responsible for the maintenance of the area for a period specified within the licence, this is typically a period of two years. It should be borne in mind that the land retains highway status and the various utility companies retain the right to excavate the area. Licence holders cannot expect prior notice from utility companies relating to such works.

  7. The licence is issued to the owner / occupier of the said premises and their successors in title for a period specified within the licence. It must be transferred with any sale of said premises to the new owner / occupier and Highways Maintenance should be notified of the change of ownership within one month of the transfer.

  8. Highways Maintenance reserves the right to withdraw this licence, if any conditions of the licence are contravened, giving a notice period of not less than seven days.

  9. The applicant has the right to surrender the licence at any time, by giving one months notice to Highways Maintenance .

  10. Highways Maintenance reserves the right to withdraw the licence for the exercise of their functions as a highway authority and will give a minimum of three months notice of their intentions.

  11. Upon termination, surrender of withdrawal of the Licence, the area of highway land must be returned to its original state unless other arrangements have been agreed by the Dudley Maintenance.

How can I apply?

Before any works are undertaken, the Council will require seven days advance notification,together with a start and finish date for the proposed works. 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.

How long will my application take to process?

We aim to process your application as soon as possible. We will confirm that we have received your application. Please contact us if you have any queries using the details below.

Can I start works before my licence has been 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.

Complaint Regarding Building Materials in the Highway

Any complaints about the cultivation of the highway land should be reported instantly using the contact details below and one of our inspectors will go to the site to assess the complaint and this will be dealt with accordingly.

Your Rights of Appeal

Any person aggrieved by a refusal to be granted a licence or by any conditions to which the licence is subject, may appeal to the Magistrates Court and the Courts may give such direction regarding the licence and its conditions as it thinks proper.

If I am not satisfied with the service I have received what can I do?

If you feel we have failed to provide you with good service or are concerned about the progress of your application, please contact us and we will endeavour to resolve any concerns you may have. We also have a formal complaints procedure.

Trade Associations

Where can I get further information?

For further information please contact us using the details below.

 

Fee Information

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