Conditions for Placing Skips on the Highway

Page

Highways Act 1980 / 2
Minor Definitions / 3
Skip Licence (Permit) / 4
Insurance / 4
Conditions of Placing a Skip
Use / 5
Marking Lighting and Guarding / 5
Siting / 6
Removal / 7
Skip Dimensions / 7
Inspections / 7

Highways Act 1980

A builders’ skip must not be deposited on a highway without the permission of Southend Borough Council.

Permission is not required if the skip is placed entirely on private land.

We may grant permission either unconditionally or subject to conditions relating to:

  • the siting of the skip
  • it’s dimensions
  • the manner in which it is to be coated with paint and other material for the purpose of making it immediately visible to oncoming traffic
  • the care and disposal of its contents
  • the manner in which it is to be lighted or guarded
  • its removal at the end of the period of permission

Any permission granted does not authorise the creation of a nuisance or of a danger of users of a highway or as imposing on the Council any liability for any injury, damage, or loss resulting from the presence on the highway of a builders’ skip.

The owner of the skip is responsible for making sure:

  • the skip is properly lighted during the hours of darkness
  • the skip is clearly and permanently marked with the owner’s name and telephone number or address
  • the skip is removed as soon as practicable after it has been filled
  • that each of the conditions subject to which that permission was granted is complied with

It is an offence liable to a fine not exceeding level 3 on the standard scale or a fixed penalty to:

  • place a skip on the highway without permission
  • fail to comply with any condition applied to permission
  • fail to remove or reposition a skip when requested to do so by us or a Police Officer

We and or a PoliceOfficer may require the owner of a skip to remove or reposition it. Or may arrange for it to be removed or repositioned. Any expenses incurred may be recovered from the owner of the skip.

Minor Definitions:

Council, weand us mean Southend-on-Sea Borough Council and include its successors in title.

Builders Skip means a container designed to be carried on a road vehicle and to be placed on a highway or other land for the storage of builders’ materials, or for the removal and disposal of builders’ rubble, waste, household and other rubbish or earth.

Highwaymeans the whole or a part of a highway other than a ferry or waterway.

Carriageway means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles.

Footpathmeans a highway over which the public have a right of way on foot only.

Owner, in relation to a builder’s skip which is subject of a hiring agreement of not less than one month, means the person in possession of the skip under that agreement.

Damage to the highway, is defined by the Audit Commission as; a defect in the highway which impairs the value or usefulness of the carriageway/footway and provides a safety hazard for road users/pedestrians.

Skip Licence (Permit)

Before each skip is placed on a public road it must be licenced.

A licence (sometimes called a permit) is required for:

  • skips
  • hippo bags and other skip bags

A skip licence can only be requested online by Skip Hire Companies granted a Skip Operator’s Licence.

Permission cannot be transferred to another person, business or organisation.

Any permission to place a skip on the public highway is subject to compliance with:

  • the Highways Act 1980 section 139 and any other provision related to skips on the highway and any subsequent changes
  • the conditions of placing a skip and any special conditions applied

An approval to place a skip on the public highway is in respect of a siting outside the premises stated on the licence and shall not be placed in any other position.

Permission to place a skip on the highway does not:

  • authorise nuisance or a danger to any user of a highway
  • impose on the Council any liability for an injury, damage, or loss resulting from the presence on the highway of a builders skip

Under no circumstances will a Skip Licence be approved if the proposed site is considered to be potentially hazardous to highway users.

For each Builders Skip Licence there is a charge which covers consideration of the application and occupation of the highway.

A licence will not be issued until full payment has been receivedunless an invoicing arrangement has been agreed.

The charge applies irrespective of the outcome of the application.

Once issued a skip licence is valid for a period of up to 21 (calendar days).

If a skip is required for longer than 21 (calendar) days, a further skip licence will be required.

*for current fees please refer to the currentCouncil Fees and Chargesdocument

Insurance

At all times the skip owner must be insured for Public Liability to a value of £5 million or more.

Conditions of Placing a Skip

Use

The skip content must not be filled beyond the upper edge of the skip.

During use the contents shall be kept damped down to prevent nuisance from dust and spillage.

Suitable covers shall be supplied. The cover must not obstruct the ends of the skip or the company name.

A skip must notbe used in such a way that any of its contents:

  • is likely to cause danger or nuisanceto users of the highway
  • overhangs or falls onto the highway
  • enables an escape of dust, litter, refuse etc

Any spillage on the highway shall be removed immediately.

The skip must not contain any:

  • inflammable
  • explosive
  • noxious
  • dangerous waste
  • waste which is likely to putrefy
  • waste which is likely to become a nuisance to users of the highway

Fires may not be lit in a skip.

Marking, Lighting and Guarding

Builders Skips must comply with:

  • Chapter 8 of the Traffic Signs Manual
  • The Builders' Skips (Markings) Regulations 1984
  • British Standards BSS LL 152: 1970

The ends of each skip are to be painted yellow and fitted with vertical red florescent and yellow reflective markings.

The skip is to be lit by at least four lamps (one at each corner) to be fixed securely to the container or suspended from the corners during the hours of darkness (between, half an hour after sunset and half an hour before sunrise).

Each skip is to be guarded by at least three traffic cones placed on the carriageway. The cones are to be placed on an oblique (angle) line on the approach side of the skip.

Each skip is to be guarded by a line of cones at 1.2m centres on the approach side set at 45 degrees to the edge of the carriageway. During the hours of darkness, a warning light must be placed on each cone.

Each skip must be clearly and permanently marked with the owner’s name and telephone number or address.

All markings required must be clean and clearly visible for a reasonable distance to highway users.

Conditions of Placing a Skip

Siting

The skip must be positioned so that:

  • the nearside of the skip is not less than 150mm or more than 300mm from the edge of the carriageway
  • the distance between the offside of the skip and the offside of the carriageway is less than 5.5m
  • it does not obstruct access to any manhole, underground chamber, fire hydrant, or statutory undertaker apparatus
  • it does not obstruct any vehicle access
  • it does not impede the surface water drainage

No part of a skip can be placed:

  • within 18m of a road junction or 45m of a road junction with traffic lights
  • within 45m of a pedestrian crossing, refuge or island located within the centre of a carriageway
  • on a carriageway marked with Zig-Zag markings in the vicinity of a pedestrian crossing or school entrance
  • within any part of the carriageway subject to an Order prohibiting waiting for any period
  • at or near a bend or in any other part of the highway where it would create a danger to highway users
  • where it would obstruct the visibility of any traffic sign or warning device
  • on a footway/path
  • within a disabled persons parking place

In most instances a skip will not be permittedupon any grass verge or other road margin unlessspecific permission has been granted by us and in such instances the skip is placed so that;

  • no part extends onto the carriageway or footway
  • effective precautions are taken to avoid damage (caused by the skip or any vehicle used in connection with its delivery or removal), if damage is caused, the cost of making good the damage will be bourne by the skip owner

To place a skip in any part of a public car park or on-street parking area

  • a minimum of two bays must be suspended and the skip must be placed centrally within these two bays
  • a charge* will be made for each day bays are suspended, charges may varydependant on the location of the bay(s) and theneed to temporarilysuspend a traffic regulation order

*for current fees please refer to the current Council Fees and Charges document

Conditions of Placing a Skip

Removal

Within two working days of a skip being filledit should be removed for emptying.

It’s an offence for a skip to remain on the highway after the agreed period.

If a skip remains on the highway (after the period of the permission) has expired we or a Police Officer may require for it to be removed and may recover from the skip ownerany expenses incurred. The cost to dispose of a skip which is not collected may also be charged to the skip owner.

During removal and transportation the skip must be covered appropriately with dust proof sheeting to prevent the loss of contents.

During transportation all vehicle chains/lifting apparatus are to be secured in such a way as to reduce/minimise noise nuisance.

The highway must be left in a clean and tidy condition. If it is necessary for us to remove any contents remaining on the highway or other areas any expenses incurred will be recovered from the skip owner.

Any damage caused to the highway must be immediately notified to us.

Skip Dimensions

A skip shall not exceed the following size:

  • length 5m
  • width 2m

Inspections

Placement of skips will be inspected.

It is an offence liable to a fine not exceeding level 3 on the standard scale or a fixed penalty to:

  • place a skip on the highway without permission
  • fail to comply with any condition applied to permission
  • fail to remove or reposition a skip when requested to do so by us or a Police Officer

We and or a Police Officer may require the owner of a skip to remove or reposition it. Or may arrange for it to be removed or repositioned. Any expenses incurred may be recovered from the owner of the skip.

Version: 03 March 2015 1