Materials on the highway terms and conditions

‘Materials’ means building materials of any kind including loose aggregates, sand and shingle, soil, rubbish and non-toxic waste.

Each pile of material shall be positioned so that it does not impede the surface water drainage of the highway nor obstruct access to any manhole or the apparatus of any utility or the council.

Each material pile shall not exceed 5 metres in length by 2 metres in width and 1 metre in height.

Each pile of material shall while on or within the highway comply with Chapter 8 of the Department for Transport Traffic Signs Manual and the Code of Practice for Safety at Street Works and Road Works. These regulations include conditions such as lighting at night, guarding and the possible need for warning signs. If the conditions are not met, it could result in an accident for which you could be held responsible. If you are at all unsure of any of these requirements, you should contact our Contact Centre for further advice on 03000 418181.

No pile of material shall contain any explosive or noxious substance which is likely to putrefy, or which otherwise is, or is likely to become, a nuisance to uses of the highway.

The pile(s) of materials are required to be controlled to prevent nuisance from dust or spillage including the use of sheets or covers as needed and any spillage shall be immediately removed.

No piles of material shall partly or wholly obstruct a footway without the express permission of the KCC Highways, Transportation and Waste Manager, to be granted only after consultation and agreement with the Police and conditional upon the provision of a pedestrian footway of minimum width of 1 metre. This temporary walkway is to be cordoned off in accordance with Chapter 8 of the Department for Transport’s Traffic Signs Manual.

No piles of material 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 Manager.

No piles of material shall remain on the highway pursuant to this permission after the period of this permission as specified on the licence has expired.

Upon removal of the materials 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.

The owner 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 piles of materials on the highway and their removal therefrom.

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 materials 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 materials to place any necessary monies with the relevant authorities, prior to placement of the materials on the highway.

Your attention is drawn to Section 171 of the Highways Act 1980 concerning the placing of materials on the highway. It will be the owner’s responsibility to ensure that all materials placed on the highway comply with the Highways Act 1980 in all respects.

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

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 by KCC and paid prior to works taking place.

Materials should not be placed on yellow road markings on in bus lanes.

Should a site inspection be required to assess safety and condition of the highway before and after the placing of materials a £50 inspection fee may be charged.