Highways licensing terms and conditions

Terms and conditions you must agree to when applying for a license to put an object on the highway.

Scaffolding licences

When it is necessary to place scaffolding on or over the highway at the place of work, permission from the Council is necessary.

Once permission has been granted, these conditions must be carefully read and kept to at all times and the License must be displayed on site at all times. The basic requirements of the conditions are as follows:

During the erection or dismantling period, a safe working area at ground level is required to be provided to prevent pedestrians gaining access.

  • the outer line of standards must be 450mm (18") from the kerb face unless agreed otherwise by the Highways Officer
  • outer standards must be taped red and white to minimum of 2.6 metres
  • the inner line of standards must be tight to the face of the building
  • no standards may be placed between the inner and outer lines, and a clear minimum width of 1.5m shall be maintained for pedestrians to enable persons in wheelchairs/prams, etc, to pass the scaffold safely
  • a clear headroom of 2600mm (8'6") must be provided above the footway
  • standards must be lit at all times with bulkhead lights, showing a steady light, red when facing the carriageway, white when facing the footway
  • if materials are to be stored on scaffolding, this can only be done with the agreement of the council 

We have the necessary powers to issue licences for scaffolding; to require erection of hoardings to separate building works from the street; and to ensure hoardings are securely erected Highways Act 1980 - Section 169 Control of Scaffolds Contravention of these is an offence.

Fees

Scaffolding licence (per 3 months period) £1006, plus £28 per linear metres of highway.

Charges

If the Council needs to attend site due to damaged/defective hoarding or scaffolding, and the licence holder can't be contacted, all costs incurred by the Council will be recharged to the licence holder.

Damage deposits

When we assess your application a damage deposit may be required. This must be paid in full the same time as your application fee. This is refundable on completion of works provided no damage to the highway is caused. Part refunds may be made subject to repair of the area damaged.

Hoarding licences

When it's necessary to place hoardings on or adjacent to a highway you must apply for permission (a licence) from the Council. 

Once permission has been granted, these conditions must be carefully read and kept to at all times and the Licence must be displayed on site at all times. The basic requirements of the conditions are as follows:

  • hoardings shall be a minimum of 2.5m high and rigidly constructed of smooth close boarded timber to be able to withstand high winds and must have a smooth finish with no protruding parts
  • no door shall open onto the highway
  • pedestrian walkways with a clear minimum width of 1.5m shall be maintained for pedestrians and corners splayed, if required, to maintain site visibility
  • hoardings enclosing the footway must be a minimum of 450mm from the kerb face
  • hoardings must be regularly inspected and maintained by the Contractor
  • illumination may be required if street lighting is not adequate

We have the necessary powers to issue licences for scaffolding; to require erection of hoardings to separate building works from the street; and to ensure hoardings are securely erected Highways Act 1980 - Section 172 Hoarding Erected Section 173 Hoarding Erected Securely Contravention of these is an offence.

Fees

Hoarding licence (per 3 months period) £1006, plus £69 per 10 linear metres of highway. Hoarding adjacent to a highway will be charged the same rate but (per 12 months period).

Charges

If the Council needs to attend site due to damaged/defective hoarding or scaffolding, and the licence holder can't be contacted, all costs incurred by the Council will be recharged to the licence holder.

Damage deposits

When we assess your application a damage deposit may be required. This must be paid in full the same time as your application fee. This is refundable on completion of works provided no damage to the highway is caused. Part refunds may be made subject to repair of the area damaged.

Building materials

Highway Act 1980 Sections 170 & 171

  • any material must be deposited on the highway outside the premises detailed on the licence and must not exceed the dimensions stated on the licence
  • it must not interfere with the flow of highway surface drainage, or obstruct or block any sewer, manhole, gulley, or statutory undertakers manhole
  • it must be provided with warning lights during the hours of darkness and if such lighting in the opinion of the Council is inadequate we're authorised to provide such lighting at the licence holder's expense
  • a portion of the footway 1.5 metre wide will be kept clear of all obstructions or, if this is impractical, such protection will be provided for pedestrians as may be required by the authorised personnel from the Network Management Service
  • no designated parking space may be obstructed without prior approval
  • an additional charge may be payable if any parking bays need to be suspended
  • cement or mortar or similar substance is not to be mixed on the highway surface
  • offenders are liable to a fine (Highways Act 1980, S.170).
  • if, owing to the builders' activities, the highway gullies subsequently require cleansing, then the cost of carrying out this work will be recharged to the builder

Fees and penalties

Building Materials on highway (per two weeks period) £69.

Other licences

We also have the necessary powers under the Highways Act to issue licences for cranes, scaffolding; hoardings (to separate building works from the street); and to ensure hoardings are securely erected. Failure to comply with these requirements is an offence.

Crane oversail licence 

  1. The requirement to obtain permission and a licence from the Highway Authority applies to any person or organisation who wishes to erect a crane where the slewing operation oversails the public highway.
  2. A licence is required before any crane is erected. Failure to comply could lead to the council instructing the removal of the structure and court action being taken under S.143 and S.169 of the Highways Act 1980.
  3. The Highway Authority is the London Borough of Barking and Dagenham
  4. The requirements of health and safety legislation must be adhered and carried out with regard to the hiring, erection, use and dismantling of cranes.
  5. The applicant shall have a minimum public liability insurance of £10,000,000 proof of Public Liability Insurance must be submitted with the application. This cover must be maintained from commencement of the erection, during the works, up to completion and dismantling of the crane. Ongoing indemnity must be provided for the Highway Authority by the applicant against any claim in respect of injury, damage or loss arising in the public highway out of the presence of the crane to which the Licence relates.
  6. The applicant must provide a letter of indemnity on company headed paper which must be signed by a company director.
  7.  If an applicant is an individual, please include the applicant’s full name and address. If the applicant is a company, please insert the Company’s full name and address, and the position of the person signing.
  8. The applicant must provide 3 copies of a detailed plan (no smaller than 1:500 scale) of the site location, proposed crane location, extents of crane zoning, any relevant buildings, street furniture and statutory apparatus with in the zone.
  9. The applicant must provide a method statement outlining reasons for the type of crane to be used with details, erection, construction programme, dismantling operation and proposed working hours.
  10. The Applicant agrees to pay to the Council's reasonable costs for the sum of £1006 being the Council's expenses in connection with the administering of this Licence.
  11. In order for the Highway Authority to comply with its statutory duty e.g. Temporary Traffic Orders, New Roads and Street Works Act 1991 etc, all applications must be submitted at least TWO MONTH in advance of commencement of the proposed works.
  12. Applicants should note that Special Conditions may be imposed by the Highway Authority for the following reasons:- (a) in the interests of safety (b) to minimise the inconvenience to persons using the street, having regard to people with a disability in particular (c) for Traffic Sensitive Street, Streets with Special Engineering Difficulties and Protected Streets (d) to protect the structural and integrity of the highway.
  13. The licence granted shall remain in force until withdrawn by the Highway Authority, surrendered to the Highway Authority by the Licensee or expires the maximum period of 3 months.
  14. The Highway Authority may if it thinks fit and reasonable to do so terminate the licence without notice. If the situation should occur, at such time all operations and plant shall be dismantled or the suspension of the permission to over sail the public highway without delay.
  15. Where a licence expires or is withdrawn the Highway Authority:

a) If satisfied that the former Licensee has, within such reasonable time seek permission and can good reason for requiring an extension of the licence. Then the Highway Authority may authorise an extension if considered to be reasonable and may specify additional conditions in such a manner as they may require and reinstate the street, they may authorise him to do so at his own expense.

b) A further licence will be required for any additional works at the fee level applicable at that time.

c) If the licence is withdrawn, an application will be required for a new licence. then a may remove the apparatus to which the licence relates or alter it in such manner as they think fit and reinstate, the street and may recover from the former Licensee the expenses incurred by them in doing so.

In this Licence the terms:- “Licence” shall include the Successor in Title - Personal Representative - Receiver – Liquidator or Trustee of the Licensee. “Highway” shall include and apply to each and every Highway.

Mobile crane/ cherry picker

  1. The fee for this Licence is £202 per day.
  2. The requirement to obtain permission and a licence from the Council as Highway Authority applies to any person or organisation who wishes to use a mobile crane/cherry picker on the public highway.
  3. The crane/cherry picker must be used in accordance with the manufacturers’ guidelines and in compliance with the relevant safety legislation and standards. A safe working area at ground level is required to be provided at all times to prevent pedestrians gaining access.
  4.  It is the Licence holder’s responsibility to ensure that the appliance complies with all HSE (Health and Safety Executive) requirements and that it is fit for purpose.
  5. The applicant shall have a minimum public liability insurance of £10,000,000 proof of Public Liability Insurance must be submitted with the application. This cover must be continuous from arrival on site to completion of the operation and removal from site. Such insurance must indemnify the Highway Authority from and against all actions, claims, losses and expenses whatsoever in respect of personal injury or damage to property, however caused, arising out of or in any way attributed to the presence of the applicants apparatus.
  6. The applicant must provide a method statement outlining reasons for the type of crane to be used with details, erection, construction programme, dismantling operation and proposed working hours.
  7. It is the Applicants responsibility apply for any other licences or orders that may be required to allow this operation to proceed.
  8. In order for the Highway Authority to comply with its statutory duty e.g. Temporary Traffic Orders, New Roads and Street Works Act 1991 etc, all applications must be submitted at least TWO MONTH in advance of commencement of the proposed works.

Damage deposits

When we assess your application a damage deposit may be required. This must be paid in full the same time as your application fee. This is refundable on completion of works provided no damage to the highway is caused. Part refunds may be made subject to repair of the area damaged.

Container licences

  1. The Fee for this Licence is £683 per three month period (a separate licence is required for each container).
  2. The requirement to obtain permission and a licence from the Council as Highway Authority applies to any person or organisation who wishes to place a container on the public highway.
  3. The container must be used in accordance with the manufacturers’ guidelines and in compliance with the relevant safety legislation and standards. A safe working area at ground level is required to be provided at all times to prevent pedestrians gaining access.
  4. It is the Licence holder’s responsibility to ensure that the appliance complies with all HSE (Health and Safety Executive) requirements and that it is fit for purpose.
  5. The applicant shall have a minimum public liability insurance of £10,000,000 proof of Public Liability Insurance must be submitted with the application. This cover must be continuous from arrival on site to completion of the operation and removal from site. Such insurance must indemnify the Highway Authority from and against all actions, claims, losses and expenses whatsoever in respect of personal injury or damage to property, however caused, arising out of or in any way attributed to the presence of the applicants apparatus.
  6.  It is the Applicants responsibility apply for any other licences or orders that may be required to allow this operation to proceed.
  7. If Temporary Traffic Orders are required to facilitate the use of a container or the works to which they are associated it must be noted that there is a 10 week lead in for all applications for Traffic Orders.

Damage deposits

When we assess your application a damage deposit may be required. This must be paid in full the same time as your application fee. This is refundable on completion of works provided no damage to the highway is caused. Part refunds may be made subject to repair of the area damaged.

White T-bar

Residents can apply for a white access T-bar to be painted on the road across the extent of a dropped kerb to highlight the area of the vehicle crossing and deter inconsiderate parking. Access T-bars will only be installed in streets where there are no parking bays or restrictions.

The cost of providing a 'T' bar marking (up to 3.6m) is £450.00. This fee covers the cost of arrangement and for a contractor to carry out the work.

Residents may apply for a white access bar to be painted on the carriageway across the extent of the dropped kerb to highlight the area of the vehicle crossing and deter inconsiderate parking.

The markings are advisory but where a vehicle parks across any dropped kerb without the permission of the property owner/occupier, a penalty charge notice can be issued. Because this offence relies on knowledge that no permission has been granted, we can only enforce after a complaint has been received. Access bars will only be installed in streets where there are no parking bays or restrictions.

The Council will install and maintain the white access bar line at the applicant’s expense but reserve the right to remove this at a later date without refund to accommodate a parking or other highway improvement scheme. Access 'T' bar markings will only be installed where there is an approved footway crossing (dropped kerb) for your vehicle. If you have made an approved application for a footway crossing that is waiting to be constructed, you can apply for a “T” bar and this will be installed once the crossing has been constructed.

White Access Lines will usually be 100mm wide and extend 0.5m each end beyond the constructed width of the footway crossing.

Shared Crossings

If you are applying for a line across a shared crossing, this will be considered as two lines and an application from both properties will be required. We are unable to mark a line across part of a shared crossing.

The Council reserves the right to adjust the width and length of these lines where necessary.

Skip permits

  1. Permits must be obtained before skips are placed and no Skip should be placed until a Skip Permit has been authorised 
  2. Any skip that has been notified to the Council and a permit obtained as being placed on private land that is found to be on the highway will be issued with a Fixed Penalty Notice (FPN)
  3. Skip must be placed at the location where it was initially requested for and if this can’t be achieved, you must notify within 24 hours.  Failure to do so could result in being issued with a Fixed Penalty Notice to the company.
  4. Skip owner to notify Highway Authority within 24 hours if location of permit has changed from public highway to private gardens, private drives or if you intend to place skip in private road will you be required to seek land owner’s permission). failure to do so will result in being charged a full skip permit fee or enforcement action if placed in private road without land owner’s permission.
  5. The skip shall, when deposited, be clearly and indelibly marked with the owner’s details name and telephone number or address.  The ends of each skip shall be painted yellow and there shall be attached markings which shall comply with those prescribed in the Builders Skips (Markings) Regulations 1984.  The painting and the prescribed markings shall at all times be kept clean and efficient and clearly visible for a reasonable distance.
  6. Skips and materials must be properly lighted during the hours of darkness. 
  7. The skip shall not exceed 5 metres (16’6”) in length by 2 metres (6’6”) in width unless specifically authorised.  A separate permit is required for each skip. 
  8. The Skip shall not be placed within 18.3 metres (60’) of a road junction, bus stop (stand or terminal), traffic lights, pedestrian crossing, entrance to or exit from schools, hospitals or works, except with the permission of the Corporate Director of Regeneration, the Police and in certain cases London Transport.  These specific directions to be given by them initially or during the term of the permit.  
  9. Skips must not be placed in bus lanes during the hours the bus lane is operational. If a skip is placed in a bus lane outside the operational hours of the lane it must be removed prior to the lane becoming operational.  Timings are put on the signs along the length of the bus lane.  If there are no timings on the signs the bus lane is permanently operational, and a skip must never be sited in the bus lane. 
  10.  As far as is reasonably practicable, the skip must be placed so that it does not impede the surface water drainage of the street nor obstruct access to any manhole or apparatus of any Statutory Undertaker or this Authority. Access to any premises must not be obstructed unless the consent of the occupier of those premises has been obtained. Drop end skips shall be placed with the opening end away from oncoming traffic.
  11. The skip shall not be dragged or pushed along the highway in any way, which causes or may cause damage to the highway.
  12. The skip shall not be deposited on any part of the footway or verge at any time, nor shall the skip be transported over the footway, nor shall any part of the transporting vehicle be on the footway when depositing and uplifting the skip unless permission of the Council has been obtained. 
  13. No skip on the highway shall contain any inflammable, explosive, noxious or dangerous material, or any material, which is likely to putrefy, or which is likely to become a nuisance to users of the highway. 
  14. During the use spillage on to the highway shall be prevented.  The contents of the skip shall be kept damped down to prevent nuisance from dust and the contents to be adequately covered during transit for disposal. 
  15. The skip shall not be left on the highway longer than is necessary and shall be removed as soon as it is filled.  In any event the skip shall be removed from the public highway, or repositioned if required by the police or this Authority. 
  16. At the expiration of the period of consent the skip shall be removed from the highway. The site is to be left in a clean and tidy condition. 
  17. Nothing in this consent or in these conditions shall be deemed to affect or lessen the powers of the Police or the Highway Authority removal of the skip from the highway.
  18. Consideration will be given for an extension of the period of this consent. Any such application for such an extension must be made to this Authority at least 24 hours (Monday- Friday) before the current consent is due to expire.
  19. Continual contravention of skip siting by a skip company may result in that company being  removed from our approved list and possible legal action taken. 
  20. That the owner (defined under indemnify this Authority Section 139 (11) of the  Highway Act 1980) will against liability, loss, damage, claim or proceeding whatsoever arising under  the statute law or common law in respect of the placing and maintaining of the skip on the highway or its removal there from.
  21. The skip owner is to ensure that these conditions of consent are fully understood and accepted by the hirer, although responsibility for complying with the said conditions will continue to rest with the owner.

Fees

Skip company annual registration fee is £368.00.

Skip Permits (per 2 weeks period) is  £69.00.

Administration fee for processing Skips without a permit is £408.00