Licence terms and conditions

Cultivation terms and conditions

GUIDANCE NOTES FOR APPLICATIONS HIGHWAYS ACT 1980 SECTION 142

LICENCE TO PLANT & MAINTAIN VEGETATION IN THE HIGHWAY

BACKGROUND

  1. In general terms, a Highway Authority is duty bound to manage and maintain highways and in exercising these duties we must take necessary measures to enable its highways to be kept free from unlawful obstruction.
  2. The highway extent often includes the verge beneath which utilities and apparatus are buried and it is the highway authority’s duty to ensure these are protected. Therefore, in some circumstances, i.e. planting of a large shrub or tree, there will be a mandatory requirement for an additional S171 Private Excavation in the Highway licence with the relevant C2 Statutory Drawings to be obtained. Additionally, all works under a S171 licence must be completed by Street Works Accredited Contractors with £10,000,000 public liability insurance.
  3. Persons wishing to plant shrubs, trees and other cultivation on the highway must first apply for a licence to do so, and the following paragraphs explain the procedure.
  4. Please note that various conditions are likely to be made on the issuing of a licence and should any of these be breached the licence shall become null and void and any planting shall then be regarded as unauthorised obstructions on the highway and subject to action to remove.

PROCEDURE FOR APPLICATION TO PLANT VEGETATION ON THE HIGHWAY

  1. Applications must be made on the accompanying forms and it is important to provide all the information requested.
  2. The application form will ask for a copy of a plan clearly showing the positions where vegetation is proposed to be placed; this plan must accompany the completed application form.
  3. On receipt of a completed application form together with the plan, the Area Highway Manager will investigate the site. Unless there are complicating factors you should hear within six to eight weeks whether (i) the application is acceptable and a licence is granted or (ii) the application would be acceptable should the stated modifications be made or (iii) the application is refused (in which case reasons will be given).
  4. In the event of the response being (i) or (ii) above, conditions concerning the granting of the licence shall be made.
  5. If other parties have an interest in the property (e.g. if the property is not occupied by the owner, or is shared or divided into flats), all parties must sign the application. We also ask that your immediate neighbours are consulted before you make your application and a form is enclosed to gain consent as appropriate and to return to us with your completed application form. Should it come to light that this condition has not been met any licence issued may be null and void. We also reserve the right to consult with the parish / town council.
  6. The name(s) entered on the form by the applicant will be used by East Sussex Highways should a licence be issued, and the address entered will be used for all related correspondence unless the application requests otherwise.
  7. The completed form, together with the plan described shall be submitted to the address given on the Application Form.
  8. The licensee will be required to indemnify East Sussex Highways against any claim arising from or in consequence of the planting on the highway, and he will be strongly advised to see that this insurance covers this eventuality. For guidance the highway authority carries cover against similar claims up to £10,000,000.

CONDITIONS APPLYING TO LICENCE

  1. The plants and shrubs are to be kept in good order, attended and weeded. No noxious, injurious or invasive plants are to be planted. This license does not grant permission to plant trees.
  2. The erection of fences, walls, structures etc., on the land is not permitted.
  3. Plants must not overhang or protrude over the carriageway/footway. And vegetation is not to be planted or allowed to grow to a height where drivers’ visibility may be obstructed.
  4. The Licensee is responsible for cutting the grass surrounding the plants and shrubs
  5. The licence is granted and remains in force only to the persons nominated on the application form and unless otherwise agreed by the Network Manager could be become null and void should the Licensee cease to have the interest stated.
  6. East Sussex Highways reserves the right to revoke the licence at any time and for any reason, and in this event the licensee has no right of appeal or right of compensation.