Licence terms and conditions

Background

1. In general terms a highway authority is duty bound to manage and maintain highways and in exercising these duties has to take necessary measures to enable its highways to be kept free from unlawful obstruction.
2. Cases however sometimes occur where a resident wishes to stop vehicles overrunning a verge outside their property by erecting posts. These would present an unlawful obstruction unless the person placing them has been authorised to do so by the highway authority.
3. Should a vehicle or person collide with an unauthorised obstruction not only could the person who placed it be liable for a claim but under certain circumstances the highway authority could be held partially liable for allowing the obstruction to remain.
4. This means that any unauthorised post, bollard or object in place on a highway will be regarded as an unlawful obstruction by the highway authority who may take action to have it removed and recover associated costs from the person responsible for placing it on the highway.
5. Persons wishing to place posts on the highway must first apply for a licence to do so, and the following paragraphs explain the procedure.
6. Please note that various conditions are likely to be made on the issuing of a licence (see Terms and Conditions) and should any of these be breached the licence shall become null and void and any posts erected shall then be regarded as unauthorised obstructions on the highway and subject to action described as in point 4 above.
7. The Post and Bollard application requires a Section 171 Excavation in the Highway licence, upon approval. The cost of which is available on the Application Fees page of this website. 

Procedure

1. Applications must be made online via the East Sussex Highways website. It is important to provide all the information requested on the form, otherwise there will be a delay while the missing information is sought and may be subject to a further administration charge.
2. A plan clearly showing the positions where individual posts are proposed to be placed must accompany the completed application form. The posts must be at least 450mm from the edge of the carriageway (excluding kerbstones if present).
3. The specification for the post and installation, together with certain conditions applicable to the licence, as described in the Terms and Conditions must be read and agreed by the applicant before submitting the application form.
4. On receipt of a completed application together with the plan, fee and signed consent from other parties / immediate neighbours (as appropriate), the Traffic Manager will investigate the application and the site. Unless there are complicating factors you should hear up 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 denied. Should the application be denied or cancelled by the applicant the Licence is non refundable.
5. In the event of the response being 4 (i) or 4 (ii) above, conditions concerning the granting of the licence shall be made, (see 6. above).
6. 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 reserve the right to ask that your immediate neighbours are consulted as part of the application process and consent evidence provided. Failure to comply may invalidate any Licence. We also reserve the right to consult with the parish / town council.
7. The name(s) entered on the form by the applicant will be used by the Highway Authority should a licence be issued, and the address entered will be used for all related correspondence unless the applicant requests otherwise.
8. Anyone installing posts must hold public liability insurance of £10,000,000 as recommended by East Sussex County Council and must indemnify the highway authority during the installation.
9. Health and Safety legislation requires Streetworks Accredited Contractors to make their operatives aware of all potential risks. Danger from buried apparatus presents a severe risk of electrocution or gas explosion. Therefore, plans of Statutory Undertaker apparatus are provided by us as part within the Section 171 application which is required alongside this application form. These plans may influence the positioning of the posts. Your contractor will require this information to keep his employees safe.
10. Once erected, provided the posts are installed in accordance with the manufacturers recommendations, plan and licence conditions, the highway authority will accept future liability for any claims arising from the siting of the posts, but will not accept liability for any claims arising from the lack of maintenance of the posts.
11. Please note that any licence issued will also require a Section 171 Excavation in the Highway licence. The cost of which is available on the Application Fees page of this website. 

Terms and Conditions

1. The licence applies only to the type of bollard/post placed in the position shown on the plan and conforming to the specification shown.
2. The licence is granted and remains in force only to the persons nominated on the application form.
3. Subject to the conditions being met this licence shall remain in effect for a period of 2 years, after this time the licence is subject to a renewal applied for by the applicant.
4. Failure to renew the licence the bollards/posts will be considered an unauthorised obstruction on the highway and subject to removal.
5. The Licensee will be liable for all removal and returning the verge to its original state. This may require a Section 171 Licence. 
6. The licensee shall be responsible for maintaining any post installed as a subject of this licence.
7. Streetworks Accredited Contractors erecting posts on the highway should have Public Liability Insurance for £10,000,000 and will indemnify the highway authority against any claims during the installation of the posts.

Specification of post and installation

Passively safe posts are designed to minimise injury risk. Posts recommended by us are manufactured by Glasdon UK.

Post must be installed as per manufacturer instructions and guidelines as well as adhering to the following conditions:

1.  Posts must be installed a minimum of 450mm from edge of carriageway (excluding kerbstones)
2. Not less than 300 mm of each post shall be below ground level
3. The maximum height above ground level 1200mm
4. The minimum height above 500mm
5. Reflective strips, not colour bands are required at the top of each post.
6. Where holes are provided at the base of a posts you are advised to insert a projecting dowel to deter theft or vandalism.

Type of post that may be licenced

Verge bollard specification below. 

All bollards shall:

• Be passively safe and compliant with BS EN 12767 (or equivalent current standard)
• Be of a flexible or rebound construction, capable of deflecting on impact and returning to an upright position
• Include retroreflective banding compliant with BS EN 12899-1 for visibility

Passively safe bollards are designed to reduce injury severity and vehicle damage in the event of impact

The preferred product is:

Glasdon Vergemaster RX Marker Post

• Flexible verge marker post specifically designed for grass verge protection
• Lightweight, durable polymer construction
• High-visibility reflective banding
• Widely used on UK highway networks

This type of product aligns with highway authority expectations for:

• Passive safety
• Low maintenance
• Proven roadside performance