Licence Requirements & Conditions

General information

The City Council is determined that building sites in Westminster should be run considerately. There are a number of acts regulating what can be done on public highways.

These notes outline the City Council's requirements where building works potentially affect the public. They are only a guide to the basic legal requirements that contractors must conform with. For more specific detailed information including a list of useful numbers, please contact the Highways Licensing Team.

Licence Requirements & Conditions

You will need to meet all the requirements of the application before a licence will be issued.

Once you have obtained your licence, you are required to adhere strictly to the terms and conditions set out by the City Council. There is a risk of legal action by the City Council if the terms and conditions of any licence issued are not complied with.

Each licence will be issued with a site notice, which must be prominently displayed on the structure at all times. The notice includes the name of the licence holder and the duration of the licence.

If you need to work beyond the expiration date of your licence, you will need to make a new application to renew it. Renewal is not automatic, and will depend on the way works have been carried out during the period of the original licence.

Obtaining technical advice

Below we have set out guidance on requirements and conditions relating to specific types of works or types of structures. If you are uncertain about what you require, please contact the Highways Licensing Team for general telephone advice of your basic legal requirements on 020 7641 2000.

Following any tender stage, further technical advice can be obtained through meetings with representatives from the City Council and the Police, to outline operating constraints and advise on issues such as site security, before your scheme is due to start on site.

Legal requirements

You should note the following legislation:

• Highways Act 1980 - You must maintain a hazard-free passage for pedestrians and vehicles. You must not damage the public highway, or excavate it, or build on it, or deposit anything on it without express permission.
• The London Local Authorities Act 1991 - The City Council has the power to include conditions on a licence relating to site security.
• New Roads and Street Works Act 1991 - Any works carried out on the highway must conform to the Codes of Practice for the signing and guarding of temporary roadwork sites.
• Town and Country Planning Act 1990 - You must obtain planning permission, listed building consent, or conservation area consent before starting work, and must comply with any conditions imposed.
• Town and Country Planning (Control of Advertisement) Regulations 1992 - You must comply with the regulations concerning advertisements or signs, and not display unauthorised ones.
• Building Regulations - All works must be carried out according to specification.
• Health and Safety Act 1974 and associated regulations - All works must be carried out in ways that ensure the safety of workers and passers-by.

Deposit

A refundable deposit is payable on issue of the licence. This deposit is held against potential damage to the public highway caused by the temporary structures or associated building works. A deposit is not needed for a builder's skip.

The size of deposit will be dependent on one / some / or all of the following:

• the area of the public highway that the temporary structure(s) will occupy / affect;
• the type of material(s) of which the public highway comprises;
• any street furniture and / or road gullies that may be damaged, or at risk;
• the probability of damage to the public highway, street furniture or road gullies, due to the nature of the works;
• the duration of the works.

The licence is legally effective only when the deposit has been paid.

Please read the attached informative about deposits lodged with the City Council:

You will need to have obtained all appropriate planning permission/listed building/conservation area consents when applying for your licence. Your application will not be considered unless these are attached.

When you have completed the works and removed any temporary structures, you are required to inform the City Council, who will inspect the public highway adjacent to the site. Your deposit will be returned if there has been no damage to the public highway, street furniture or surrounding highway gullies.

If damage has occurred, an appropriate deduction will be made from the deposit held and used to defray the City Council's reasonable costs in making good the damage. The balance will be refunded.

Where the costs incurred by the City Council in making good the damage equal or exceed the amount of the deposit, none of the deposit will be refunded and the applicant will be liable for any shortfall.

You will be given an estimate of the cost of making good any damage. The City Council will use approved contractors to carry out permanent reinstatement of the public highway.

Where damage has occurred, the City Council requires a minimum period of 1 month's notice by the contractor before it will begin reinstatement work.

The City Council will not undertake any estimates unless a clear site is available. All temporary structures, materials, plant, etc. must have been removed.

Additionally, the City Council reserves the right to defer any reinstatement work while site activities may still damage the public highway.