Application guidance notes - Place bollards or posts (S142)
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.
Cases however sometimes occur where a resident wishes to stop vehicles overrunning a verge outside his or her house by erecting posts. These would present an unlawful obstruction unless the person placing them has been authorised to do so by the highway authority.
This may appear bureaucratic, but 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.
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 costs from the person responsible for placing it on the highway.
Persons wishing to place posts on the highway must first apply for a licence to do so, and the following paragraphs explain the procedure.
Please note that various conditions are likely to be made on the issuing of a licence (see Appendix “A”) 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 in 4 above.