Hoarding and site fencing on the highway terms and conditions

The Licensee will indemnify us (Kent County Council) to the value of £5 million through Public Liability Insurance against any liability, loss or damage, claim or proceeding whatsoever arising under Statute or Common Law, in respect of the placing and maintaining hoardings on the highway and their removal therefrom.

Each hoarding/site fence shall, while on or within the highway comply with the Traffic Safety Code (Part 1 – Lighting and Guarding of Obstructions) and shall be marked, guarded and lit in accordance with the following requirements:

• Each hoarding/site fence sited in the carriageway shall be guarded in accordance with Chapter 8 of the Department for Transports Traffic Signs Manual.
• Company name, daytime telephone number and emergency, out of hours contact numbers are to be clearly displayed at all times.
• At night (that is to say, between 30 minutes before sunset and 30 minutes after sunrise) and if sited in or within 450 mm of a carriageway, each vertical standard shall be lit. Each lamp shall remain lit throughout the night. If sited within 450 mm of a carriageway, white painted sleepers with cones attached to them are to be sited next to the hoarding /site fence.
• Solid panelled hoardings are to be painted white. Mesh built fences, e.g. the Heras type, need not be painted.

Each hoarding or site fencing shall be positioned so that it does not impede access to street lighting columns or illuminated traffic signs, surface water drainage of the highway, nor obstruct access to any manhole or the apparatus of any utility or the Council.

Any damage sustained by highway apparatus, assets or surfaces during erection, use and removal of the hoarding/site fencing shall be made good by the licensee, to our satisfaction. If KCC as the highway authority are required to make good any damage to the highway or their assets, all reasonable costs will be recharged to the licence.

If hoarding is walk around, there must be a minimum distance of 1 metre between the hoarding/site fence and carriageway for pedestrian access.

If there is an overhang a minimum of 2.5 metres to allow for pedestrian access, must be allowed.

No hoarding/site fence shall remain on the highway longer than is necessary and in any event, shall be removed or repositioned if required by a police officer in uniform or the KCC Highways, Transportation and Waste.

No hoarding/site fence shall remain on the highway pursuant to this permission after the period of this permission as specified on the licence has expired.

The licence owner will be charged fees of £47.50 if, following a routine inspection, any infringements of the licence, or problems arising out of the use of the site are found. Any additional visits to the site, which have to be carried out by KCC Highways, Transportation and Waste, will be charged at £47.50 per visit.

If the works are subject to a lane rental charge, then additional charges may apply. These charges will be agreed with KCC and paid prior to works taking place.

Upon removal of the hoarding/site fence from the highway, the owner is to ensure the highway is thoroughly cleaned of any residue, including cleansing of any road gullies if needed. All necessary cleansing works will be to the owner’s cost.

All applications, including renewals should be submitted 5 working days prior to the intended licence commencement date.

It will be necessary to check the site location as to suitability before a licence is issued. Spot checks will be made to ensure compliance.

Any location given on the licence application shall be unambiguous and will include property numbers wherever possible, rather than proper names of private properties or businesses.

Should the hoarding/site fence be in a position on the public highway where payment is necessary for parking (for example in a pay and display zone), it is the responsibility of the owner of the hoarding/site fence to place any necessary monies with the relevant authorities, prior to placement of the hoarding/site fence on the highway.

Your attention is drawn to Section 172 of the Highways Act 1980 concerning the placing of hoarding/site fences on the highway. It will be the owner’s responsibility to ensure that hoarding/site fence placed on the highway complies with the Highways Act 1980 in all respects.

This licence is being issued on the understanding that the hoarding/site fence is being used in connection with work at the premises named in the application and for no other purpose.

If a site inspection is required to assess safety and condition of location of hoarding or site fencing before and after placing them on highway, an inspection £50 will be charged.