MATERIALS PERMIT CONDITIONS
Colas Ltd, Walton Road, Farlington, Portsmouth, Hants, PO6 1TA
CONDITIONS OF LICENCE
(Made under ss2 and 5 of S171 of the Highways Act 1980)
- The building materials must be placed so that they do not obstruct other premises, impede the surface water drainage nor obstruct access to fire hydrants, gullies, manholes and apparatus of any statutory undertaker. Nor must they be placed in such a position as to contravene any Traffic Regulation Order
- The building materials shall be placed and stored in a safe manner so as not to cause a danger or nuisance to other highway users. They shall be placed in such a position as to be clearly visible to traffic approaching from any direction at a distance of not less than 75m (250ft) and shall not be placed within 20m (75ft) of a road junction. The materials shall be placed so as to avoid undue obstruction and interference with users of the highway and at least 1.25m clear on the footpath for the passage of pedestrians shall be maintained. If this clearance on the footway cannot be maintained, a portion of the carriageway must be fenced off for protection. Such fencing will need to be approved by the Highway Authority and may be subject to further conditions.
- During the hours of darkness (between half an hour after sunset and half an hour before sunrise) the materials shall be illuminated by means of amber danger lamps. Such illumination shall be provided to define the extent of any obstruction of the highway. The lighting requirements will differ with each application and the contractors proposals for such may be required by the Highway Authority or its Agent prior to granting the licence. As a minimum, lamps shall be placed at the extremities or corners of the materials. Lamps shall be steady and have an illuminative power of not less than one candela and shall be placed in such a manner as to not cause a nuisance to pedestrians or vehicular traffic.
- All building materials shall be signed and guarded at all times, in accordance with the requirements described in Chapter 8 of the Traffic Signs Manual. The Highway Authority, or its Agent, may require signing and guarding proposals prior to the approval of the licence.
- No part of the highway shall be excavated without obtaining prior permission from the Highway Authority.
- Except where agreed as part of this licence no part of the highway may be closed, AT ANY TIME, without the consent of the Highway Authority or it’s Agent.
- No materials deposited on the highway shall contain any inflammable, explosive, noxious or dangerous material, or any material that is likely to putrefy or otherwise become a nuisance or danger to users of the highway.
- Any request for an extension to the period for which the licence has been granted MUST BE MADE IN WRITING to the Highway Authority or its Agent at least 48 hours (excluding Saturday and Sunday and Bank Holidays) PRIOR to the expiry of the existing licence.
- The Licensee shall indemnify Colas Ltd in respect of any Third Party claims or demands, which may arise from the placing of the materials on the highway.
- If the Licensee wishes to effect insurance indemnifying the Licensee and Colas Ltd in the terms of the indemnity set out in condition 9 hereof for the duration of the licence it shall notify Colas Ltd in writing, and shall, when required by Colas Ltd or its Agents produce evidence of such insurance to the satisfaction of Colas Ltd or its Agents. Such insurance shall afford indemnity of not less than £10 million in respect of each and every occurrence or series of occurrences caused by or attributable to any event giving rise to a claim. A copy of the insurance policy shall be included with this application. 10a) In all other circumstances, Colas Ltd will provide insurance cover for the applicant, at the expense of the applicant.
- On the expiry of the licence all materials on the highway shall be removed and the highway where the building materials were stored shall be left in a clean and tidy condition and any damage to the highway shall be repaired to the satisfaction of the Highway Authority or its Agent at the expense of the applicant.
- The Highway Authority, or its Agent reserves the right to carry out inspections to ensure compliance with these conditions at the cost of the licence holder. Where inspections are deemed necessary the Highway Authority, or its Agent will include a fixed number of inspections as a condition of this licence. Such inspections will incur a further inspection charge. Such conditions and charges will be notified to the applicant prior to the granting of the licence.
- Nothing in this licence absolves the holder from his responsibilities to maintain access or provide protection to apparatus owned, used or maintained by Statutory Undertakers.
- The Highway Authority, or its Agent may require, the materials to be removed prior to the expiry of the licence.
- Special Conditions:-
- ‘The Highway’ includes the carriageway, footway and any verge.
- If the applicant objects to these conditions or a refusal by the Highway Authority, or its Agent, to approve a licence then he may appeal to the Magistrates Court.
- A criminal offence is committed if these conditions are breached, and is liable to a fine of up to £10.00 for each day the offence is committed.