Materials on the highway
Highways Act 1980 Section 171
A. Legal Requirements
You must first obtain a licence from Hertfordshire County Council before depositing building materials on any part of the highway which includes all verges, footways and carriageways. Hertfordshire County Council may prosecute you if you fail to obtain a licence or breach a condition of a granted licence for which the maximum fine on conviction is £10 for each day the contravention continued. Hertfordshire County Council may also take legal action to recover any costs incurred including the costs of removing and disposing of unauthorised building materials deposited on the highway.
B. Application Process
A completed application together with the non-refundable application fee and a copy of a valid certificate of public liability insurance with a minimum cover of £10 million must be submitted to Highways before any building materials are deposited on the highway. You should keep a copy of the submitted application. You must allow a minimum of 10 working days from date of receipt by Highways to process your request for a licence. A site meeting may be required. You will be advised in writing the outcome of your application together with any additional conditions imposed.
The application fee for each application will be £92 (non-refundable) for a licence up to fourteen days and £41 for each additional seven day period.
Applying for a licence does not guarantee that a licence will be issued. Storage of materials will only be permitted on the highway if it is felt safe to do so. Licences will only be granted to place building materials on a carriageway of lightly trafficked roads - less than 20 vehicles in 3 minutes total 2-way flow (less than 400 vehicles/hour).
C. Conditions of Granted Licences
Standard conditions as attached to this form will apply to all licences granted by Highways. Additional conditions specific to individual circumstances may also be imposed by Highways when granting a licence.
D. Contact Details
All applications should be sent by email or post to Highways at the following address:
PO Box 153
If you have any queries or require further information please contact us at the above address or on telephone number 0300 123 4047.
E. Data Protection Act 1998
The personal data you provide on this form will be used by Hertfordshire County Council to administer your licence. In order to protect public safety, this may include the use of sensitive personal data (criminal offences) to help assess whether you are a fit and proper person to hold a licence.
We may occasionally share your personal data with other Hertfordshire County Council departments and with other bodies (notably Housing Benefits, the Police, Inland Revenue) for the purposes of protecting public money, preventing and detecting crime and/or fraud and ensuring public safety. Such sharing will only occur on a case-by-case basis where a justifiable purpose in line with legislation has been demonstrated. The information may also be used for internal training.
Highways Act 1980 Section 171
The following conditions must be observed in respect of all materials stored on the public highway:
Signing and Guarding of Building Materials
1. Each storage location must be clearly marked with the licence number, owner’s name, address and a 24hour telephone number and these must be kept clean and legible at all times. The storage location shall not be used for advertising purposes.
2. The materials must be lit and the lights maintained between half an hour before sunset and half an hour after sunrise. Lights shall comply with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual.
3. Materials shall be signed and guarded in accordance with Safety at Street Works and Road Works - A Code of Practice, the Traffic Signs Regulations and General Directions, and with Chapter 8 of the Traffic Signs Manual.
4. Unless advised otherwise, both ends of the storage location shall be protected by at least four cones. These are to be placed in a tapering formation towards the material, with the cone furthermost from the end at a distance not greater than 2.5m.
1. The material shall not obstruct visibility of junctions, road signs, traffic lights or other street furniture or interfere with the traffic flow.
2. A 1.2m clear walkway must be maintained at all times on the footway, unless an alternative pedestrian route has been agreed.
3. Materials shall be positioned so as not to obstruct the access to any premises, unless done with the consent of the owner.
4. Materials are not to be positioned over gullies, fire hydrants, inspection valves or other covers, and shall be placed approximately 150mm away from the kerb edge (where stored on the carriageway) so that the surface water drainage is not impeded.
5. Materials shall not contain any flammable, explosive, corrosive, noxious materials or any material which is likely to putrefy, damage, pollute the highway or become a nuisance to users of the highway.
1. Where permission is given for materials to be positioned on a verge or footway, wooden boards are to be placed underneath the materials to prevent damage to the verge or footway.
2. Materials must not be pushed or dragged along the highway. Cost for repairs to the highway will be borne by the applicant.
3. Applicants should inspect the highway before depositing materials and report any damage to Highways. Failure to do so will imply that the highway is in good order and the applicant will be charged for repairs to any damage subsequently reported.
4. The highway where the materials are being stored shall be kept/maintained in a clean and tidy condition during the period of the licence and any spillage or debris shall be swept and removed from the highway.
5. No materials may be mixed on the highway surface but a mixing board may be used. Note: Breach of this standard condition is an offence which upon conviction carries a maximum penalty of £2,500 (see section 170 Highways Act 1980).
Expiry and Breaches of Licence
1. The applicant must notify Highways by telephone or email no later than one working day after removal of the materials from the highway. If the applicant fails to provide such notice then it shall be deemed the condition of the highway upon removal of the materials is that condition as of the date Highways becomes aware of the removal and inspects the highway.
2. The highway may be inspected upon removal of the materials and any damage to the highway shall be recharged to the applicant.
3. No materials shall remain on the highway once the licence has expired.
4. Right is reserved to remove the materials from the highway without notice if conditions of the licence have not been complied with. Costs will be recharged to the applicant.
5. All materials on the highway without a licence will be removed without notice. Cost will be charged to the owner of the materials and/or the person that has directed the depositing of the materials.
6. If the applicant wishes to extend or renew the licence a further application will need to be made to Herts Highways. The application must be received no later than five working days before the expiry of the current licence.
1. The applicant indemnifies and saves harmless Hertfordshire County Council and/or its officers and agents against and from all claims, demands, actions, costs and damages however arising out of by or in consequence of the depositing of materials on the highway. The period of indemnity to run from the commencement of the deposition to the final removal of same.
2. Where the applicant is a body corporate then the person authorised to make this application on its behalf agrees to indemnify Hertfordshire County Council on the same terms as stated in standard condition 21 above and any costs or expenses incurred by Hertfordshire County Council due to a breach of any the licence, joint and severally.
3. The applicant must take out and maintain public liability insurance for a sum of at least ten million pounds (£10,000,000) in respect of any one claim and shall on request by the Hertfordshire County Council produce for inspection the relevant policies of insurance together with receipts for the premiums paid.
1. Additional conditions may apply and these may be determined by a site visit prior to a licence being issued. These additional conditions form part of the licence.
2. When the materials are to be deposited in a parking area which normally has a parking charge or resident parking, permission must be sought from the Parking Authority.
3. Right is reserved to request the removal of the materials should Highways deem this necessary in the event of an emergency or for operational requirement.
4. The applicant shall immediately remove the materials at the request of any statutory undertaker who requires the site.