If you would like to construct or extend a building on or over the public highway you will require a licence. Please note that a highway can include roads, pavements and verges. The private apparatus may be temporary or permanent. Typical examples may be a private telephone cable which spans a street between buildings or a small canopy on a building. This type of licence is dealt with by us under Section 178 of the Highways Act 1980. Large projections from buildings, i.e. balconies, structural canopies or general building overhangs are dealt with under Section 177 of the Highways Act 1980.
Application evaluation process
We will endeavour to process your application as quickly as possible. Due to the nature of this licence and third party interest we will aim to grant licences within 30 working days of the application being made. This however is subject to receiving all required documentation:
- Payment of the application fee is received prior to assessment
- The application will be validated to ensure that the applicant has confirmed that they are the owner of the projection and agree to the licence conditions
- The proposal will be reviewed and consideration given to alternative options, the effect on the highway and potential risk to the highway infrastructure and the public
- Evidence of third party agreements will be reviewed if applicable
- The proposed installation and construction method will be considered
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact us.
Failed application redress
Please contact traffic management in the first instance. Applicants may appeal to the West Hampshire Magistrates' Court against refusal to issue a licence or against conditions of the licence.
In the event of a complaint the first contact is made with the trader by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK,
Consumer Rights will give you advice. From outside the UK contact the UK European Consumer Centre