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Street Furniture

Placing Objects or Structures on the Highway for the Purpose of Providing Refreshments

 

Scope

The placing of objects or structures on the highway is controlled by the provisions of Part VIIA of the Highways Act 1980 and applies to all public highways. Whatever the position with regard to the ownership of the land, the issue that must be determined is whether the land forms part of the highway over which the public has a right to pass or repass, or whether it is a private area over which the public has no right of access accept by consent.

 

In the case of privately owned land, if the public has, without interruption, for a period of 20 years enjoyed the right to pass or repass then the land is deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to so dedicate it. Consent is therefore required.

 

The onus is on the landowner to produce evidence to rebut any deemed dedication. If no substantiated rebuttal or formal application for consent is made, the Council will perform its statutory duty to protect and assert the rights of the public over the highway and take action to prevent any unauthorised obstruction.

 

Applications for Street Furniture Permits

Application for street furniture permits must be made on the appropriate form together with a site plan clearly showing the area of highway that it is desired to place the street furniture.  A joint visit will be made by a member of the Licensing Team and an Inspector from the Highways Authority.  If they consider that there is sufficient room to allow the free passage of the public when the furniture is in situe a 28 days period of consultation will commence.  During this consultation period local businesses and residents who may be effected by the siting of the street furniture will be written to in order to ascertain any views.  The police, fire and rescue authority, town or parish councils and chambers of commerce will also normally be consulted.

 

If no representations are received a permit will normally be issued once a fee has been paid.  This fee is based only on any costs incurred by the Council in respect of approved applications and public notices.

 

In the event of representations being made that cannot be resolved the matter will go to a hearing and a determination made in respect of the issue of the permit.  The Committee may impose additional conditions or modify the times during which the furniture can be in place.

Street Trading Consents from static locations will not normally be granted where:

 

• A significant effect on road safety would arise either from the siting of the trading activity itself, or from customers visiting or leaving the site, or
• Where there are concerns over the recorded level of personal injury accidents in the locality where the street trading activity will be sited, or
• There would be a significant loss of amenity caused by traffic, noise, odour or fumes, or
• There is already adequate like provision in the immediate vicinity of the site to be used for street trading purposes, or
• There is a conflict with traffic orders such as waiting restrictions, or
• The site or pitch obstructs either pedestrian or vehicular access, or traffic flows, or places pedestrians in danger when in use for street trading purposes, or
• The trading unit obstructs the safe passage of users of the footway or carriageway, or
• The pitch interferes with sight lines for any road users such as at road junctions, or pedestrian crossing facilities, or
• The site does not allow the consent holder, staff and customers to park in a safe manner,
• Any new pitch would be in competition with an existing business premise within the immediate locality selling similar items.

 

 

The Council has adopted policy guidelines relating to the maximum periods of operation of licences.  Should an applicant wish to operate outside of these hours they must make a detailed case as to why the policy should not be adhered to. 

 

The guideline hours of operation are:

 

 

The Council will keep the operation of a licence under review and any failure to comply with licence conditions could result in the Council carrying out rectification works and recharging the cost to the permit holder or even terminating the licence.

 

 

Application

 

• Application form for Street Furniture Licence - pdf
• Standards and Conditions for Street Furniture Licences - pdf

 

 

 

Contact the Licensing Section

E-mail: licensing@dover.gov.uk

Telephone: 01304 872295

 

 

 

 

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