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Scaffolding on the highway terms and conditions

The following terms and conditions relate to scaffolding on the highway.

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 scaffold on the highway and their removal therefrom. You are required to submit proof of this prior to the commencement of the work.

No scaffold shall remain on the highway for longer than is necessary and in any event, shall be removed or repositioned if required by a Police Officer in uniform or by an officer from our Highways, Transportation and Waste team.

Each scaffold 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 scaffold sited in the carriageway shall be guarded in accordance with the Safety at Street works and roadworks code of practice 2013.
  • Working overhead signs to be clearly displayed.
  • Warning signs for traffic shall be provided where necessary and in accordance with any special conditions as defined during your application.
  • Company name, daytime telephone number and emergency out of hours telephone number to be clearly displayed at all times.
  • At night (30 minutes before sunset to 30 minutes after sunrise) and if sited in or within 45 cm of a carriageway, each vertical standard shall be lit.
  • If sited within 45 cm of carriageway, white painted sleepers with cones attached to them are to be placed next to the structure.
  • Vertical standards are to be painted white for a minimum of 2.5 metres from pavement level.

Each structure 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 Council.

Any damage sustained by highway apparatus, assets or surfaces during erection, use and removal of the scaffold 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 the scaffold is walk around, there must be a minimum distance of 1.2 metre between the scaffold and carriageway for pedestrian access.

If scaffold is walk under, there must be:

  • no bar, rail or other obstruction erected over the footway at a height less than 2.5 metres (in such a manner as to cause injury to pedestrians or damage to vehicles.
  • scaffold couplers below 2.5 metres in height fixed in a position least likely to create an injury to pedestrians. Additional protection may be necessary to cover couplers or connectors with suitable padding.
  • a minimum width of walkway of 1.2 metre to allow for pedestrian access.

Debris nets must be installed where necessary and in accordance with any special conditions as defined during your application

Upon removal of the scaffold from the highway, the licensee 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 licensee’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 may be made to ensure compliance with any special conditions as defined during your application

Should the scaffold 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 licensee of the scaffold to pay the relevant authorities, prior to placement of the scaffold on the highway.

Your attention is drawn to Section 169 of the Highways Act 1980 concerning the placing of scaffolds on the highway.

Section 169 of the Highway Act 1980 provides:

a) For fines in the event of non-compliance with licence conditions; and

b) In the event of refusal of a licence or a particular condition in a licence granted, the applicant may appeal to a magistrate’s court.

It will be the licensee's responsibility to ensure that the scaffold placed on the highway complies with the Highways Act 1980 in all respects.

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

The licensee 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, will be charged at £47.50 per visit.

If a site inspection is required to assess safety and condition of highway prior to placing and removal of scaffolding a £50 inspection fee may be charged.