Streets Quality Management System
Shared QA Document
Festive Decorationsand Other Overhead Apparatus
Procedure No.: SQA-0211
Issue: 2
Document Control Warning
Printed copies are UNCONTROLLED. Users of paper copies of this document should ensure that the above issue number corresponds to that of the master document held on the Shared QA Drive. “Quality Assurance on ‘File Server (Riker)”
SQA-0070Page 1
Festive Decorations and Other Overhead ApparatusIssue 2
DOCUMENT CONTROL
ISS / DATE / PURPOSE / BY / CHK / APPHA80-50
0 / Nov 04 / Draft, issued for comment / LSS / JW RM BN
1 / Apr 05 / Issued for use / LSS / JW RM BN / CM
2 / Oct 05 / Substantially rewritten for new policy, procedures, directorate structure and terminology. No change bars / LSS / JW RM BN / CM
SQA-0211
1 / Nov 06 / Draft for discussion - Amended and renumbered from HA80-50 / LSS
2 / Jan 07 / Issued for use. No change bars / LSS / DS, CM, MGA / RTR
DOCUMENT CONTROL NO:
Any printed versions of this document are controlled only if they are identified by a unique document control number stamped in RED above. Documents not carrying a red number or those on which the number is black (i.e., photocopies) are UNCONTROLLED.
1Purpose
This document describes how Transport for London processes:
a)Requests to permit the temporary erection of festive decorations over, along or across the TLRN;
b)Requests to fix any beam, rail, pipe, cable, wire, or other similar apparatus over, along or across the highway; and
c)The issue of, or refusal to issue, a licence for overhead apparatus.
2Scope
2.1This procedure refers to powers and duties conferred by the Highways Act 1980, sections 144 and 178, as amended.
2.2This procedure applies to Streets staff and to Consultants involved in the management of the Transport for London Road Network (TLRN).
3References
3.1Highways Act 1980, sections 144 and 178, as amended
3.2IM/SD.03/S02-R1.0 Records Retention Periods Standard
3.3CountySurveyors’ Society Code of Practice for the Installation and Operation of Seasonal Decorations on or above the Public Highway
3.4SQA-0219 Cost Recovery
4Definitions
4.1AIMS is the Asset Inventory Management System. This system is managed by the AIMS Team within DRNM
4.2DRND (or RND) is the Directorate of Road Network Development
4.3DRNDDC is the Development Control Team within DRND
4.4DRNM (or RNM) is the Directorate of Road Network Management
4.5Tfl Legal Documents Registry is the secure storage service that holds original signed legal agreements and similar original signed documents. It is locatedat:
Legal Documents Registry
Wing-over-Station
Ground Floor
55 Broadway
London SW1 0BD
4.61980 Act means the Highways Act 1980.
5Process Inputs and Outputs
5.1Inputs
- A request is received from an applicant for consent to erect apparatus over, along or across the TLRN
- A request is received from an applicant for consent to a festive decoration scheme on the TLRN
5.2Outputs
- Consents or rejections of the above applications
6Procedure
6.1Statutory position
6.1.1The following is a summary of the statutory position. As such it is not comprehensive, and it should not be read as a definitive statement of the law. Legal advice should be sought to clarify any point as required.
6.1.2Section 144 of the1980 Act enables London boroughs to erect structures etc. for the purpose of displaying decorations on any road in their area, but where they wish to do so on TfL roads, they must first obtain TfL's written consent. TfL may grant consent subject to terms and conditions.
6.1.3Section 178 makes it an offence to place wires or other apparatus over, along or across the highway without the consent of the highway authority (with certain exceptions e.g. for statutory undertakers). Where consent is given it may be subject to terms and conditions. An appeal against refusal, or against a term or condition, may be made to the magistrates’ court.
6.2Policy
6.2.1Any person or contractor erecting overhead apparatus (including festive decorations) on the TLRN must be suitably qualified to carry out the works and approved in advance by TfL.
6.2.2Unless otherwise approved in writing by TfL, festive decorations schemes must be installed and operated according to the CountySurveyors’ Society Code of Practice for such schemes.
6.2.3TfL makes no charge for its Engineers’ time, or for inspections in relation to festive decoration schemes. Scheme promoters remain responsible for costs of provision, erection, maintenance, removal, insurance, TfL’s legal costs, power consumption and damage to TfL assets.
6.2.4Local authority schemes may be connected to TfL’s unmetered power supply if the local authority has confirmed that it is accounting directly to the Distribution Network Operator (DNO) for the total power consumption of the scheme (i.e. local roads plus TLRN).
6.2.5Private schemes may be connected to TfL’s unmetered power supply if the applicant organisation has provided evidence that it has made arrangements to account directly to the Distribution Network Operator for the power drawn from TfL’s unmetered supply. TfL will assist and advise the applicant in making such arrangements, but is not responsible for the collection and payment of any amounts due.Festive Decorations
6.3Directorate Responsibilities
DRNM is responsible for receiving, assessing and deciding upon applications for consent to a festive decorations scheme in consultation with DRND.
6.4Initiation
6.4.1Requests for permission to erect festive decorations on the TLRN may be received from a local authority or an organisation such as a residents’ association.
6.4.2Normally, applications must be received at least three months in advance of the effective date to enable sufficient time for the application to be properly assessed. If considered appropriate by the Principal Engineer, this time-scale may be shorter.
6.4.3Upon receipt of a request, the DRNM Principal Engineer provides the applicant with a copy of the draft licence (see Appendix A) and TfL’s structural and electrical requirements (see Appendix B).
6.4.4Note: No fee may be charged for any consent issued under section 178 of the 1980 Act. The Greater London Authority Act 1999 enables TfL to recover its reasonable costs for provision of services and facilities. Refer to 6.2.3 above for TfL policy on charges for festive decorations schemes.
6.5Assessment (DRNM)
6.5.1The Principal Engineerliaises with the applicant where further information or discussion is required and arranges for a site inspection if appropriate.
6.5.2In considering the request, the DRNM Principal Engineer consults with the DRND Development Control Engineer, who will consider the impact (if any) of the proposals on the Road Network Management Plan for the location and the possibility that the proposal may be incompatible with footway enhancements or other potential changes to the highway. The relevant DRND Principal Engineer will also be consulted.
6.5.3Taking account of the consultation process and the recommendations made by the interested parties, the DRNM Principal Engineer decides whether it would be appropriate to approve the scheme.
6.5.4Note: normally, the applicant’s method statement and traffic management plan must be provided to TfL at least 2 months before the effective date to enable sufficient time for the application to be properly assessed.
6.6TfL refuses the request
6.6.1If it is determined that the request cannot be approved, the DRNM Principal Engineer replies to the applicant (see model at Appendix C).
6.6.2The rejection letter includes brief details explaining why permission has been refused.
6.7TfL consents to the request (Local Authority Application)
6.7.1Note: TfL issues approval of a local authority request by means of a letter granting consent; a formal licence issued under section 178 of the 1980 Act is not required.
6.7.2Before consenting to an application by a local authority, the DRNM Principal Engineer requires receipt of written confirmation from the authority confirming that the authority accepts the terms and conditions of the draft licence and the associated structural and electrical requirements that have been provided to them (see 6.4.3 above). In addition, the local authority should confirm that it is accounting directly to the Distribution Network Operator for the total power consumption of the scheme (i.e. local roads plus TLRN).
6.7.3Upon receipt of the necessary confirmation, the Principal Engineer writes to the authority and grants consent.
6.8TfL consents to the request (Application other than from a Local Authority)
6.8.1Note: TfL issues approval of a request from any organisation other than a local authority by means a formal licence issued under section 178 of the 1980 Act.
6.8.2If the DRNM Principal Engineer determines that the request can be approved, s/he requests the applicant to provide evidence that:
a)public liability insurance for the period of the licence with a minimum limit of indemnity of £5,000,000 has been obtained;
b)any person or contractor erecting festive decoration apparatus is competent to do so; and
c)the applicant has made arrangements to account directly to the Distribution Network Operator for the power drawn from TfL’s unmetered supply. Note: the Principal Engineer facilitates and assists the applicant to make such arrangements with the DNO, but is not responsible for the collection and payment of funds.
6.8.3Upon receipt of the necessary evidence, the Principal Engineer contacts Legal Services and requests that the licence be drawn up. A model licence for festive decorations is provided at Appendix A.
6.8.4The Principal Engineer provides Legal Services with any necessary technical schedules relating to the licence and liaises with Legal Services with respect to the appropriate legal conditions to attach to the licence.
6.8.5When the licence has been prepared by Legal Services, the Principal Engineer or Legal Services, as agreed, arranges for the licence to be completed by the grantee.
6.8.6The relevant DRNM Head or Chief Engineer signs the licence on behalf of TfL (no seal is required).
6.8.7The original fully signed agreement is sent to the Legal Documents Registry by Legal Services or the external legal consultants as appropriate. The Principal Engineer retains a copy in local filing.
6.9Inspection of the site (DRNM)
6.9.1During the period that the decorations are on site, the Principal Engineer arranges for periodic inspections.
6.9.2If deficiencies are identified, the Principal Engineercontacts the responsible persons and notifies them of any deficiencies for correction.
6.9.3After the period for which licence has been granted expires and the decorations have been dismantled, the Principal Engineer arranges for the site to be inspected for any damage.
6.9.4If material damage has occurred, and the Principal Engineer considers it appropriate to do so, s/he arranges for a costs claim to be pursued.
6.10Cost recovery
6.10.1For a non-DBFO area, the DRNM Principal Engineer follows the standard cost recovery procedure (3.4 above).
6.10.2A13 DBFO area: the DBFO Company invoices the responsible person and retains any money collected.
6.10.3For festive decoration schemes. TfL makes no charge for its Engineers’ time, or for inspections. Scheme promoters remain responsible for costs or provision, erection, maintenance, removal, insurance, TfL’s legal costs, power consumption and damage to TfL assets.
6.11Filing and archiving
6.11.1The Principal Engineer ensures that all records pertinent to the matter are placed on local filing within the Area Team, including (but not limited to): letters of request, responses, agreements and consultation records.
6.12When local space for storing documents is exceeded, files are archived in accordance with TfL policy on retention and archiving (see3.2 above).
Other Overhead Apparatus
6.13Directorate Responsibilities
DRNM is responsible for receiving, assessing and deciding upon requests for permission to erect overhead apparatus in consultation with DRND.
6.14Initiation and preliminary assessment
6.14.1Upon receipt of a request, the DRNM Principal Engineer arranges for a site inspection.
6.14.2The Principal Engineer liaises with the applicant where further information or discussion is required. The applicant is informed of TfL’s costs.
6.14.3Note: No fee may be charged for any consent issued under section 178 of the 1980 Act. The Greater London Authority Act 1999 enables TfL to recover its reasonable costs for provision of services and facilities.
6.14.4In considering the request, the DRNM Principal Engineer consults with the DRND Development Control Engineer, who will consider the impact (if any) of the proposals on the Road Network Management Plan for the location and the possibility that the proposal may be incompatible with footway enhancements or other potential changes to the highway. The relevant DRND Principal Engineer will also be consulted.
6.14.5Taking account of the consultation process and the recommendations made by the interested parties, the DRNM Principal Engineer decides whether it would be appropriate to approve the application.
6.15TfL refuses the request
6.15.1If it is determined that the request cannot be approved, the Principal Engineer replies using the model at Appendix C.
6.15.2The rejection letter includes brief details explaining why consent has been refused.
6.16TfL consents to the request
6.16.1If the Principal Engineer determines that the request can be approved and upon receipt of any agreed costs, the Principal Engineer contacts Legal Services and requests that a licence be drawn up.
6.16.2The Principal Engineer provides Legal Services with any necessary technical schedules relating to the licence and liaises with Legal Services with respect to the appropriate legal conditions to attach to the licence.
6.16.3When the licence has been prepared by Legal Services, the Principal Engineer or Legal Services, as agreed, arranges for the licence to be completed by the grantee.
6.16.4The relevant Head or Chief Engineer signs the licence on behalf of TfL.
6.16.5The original fully signed licence is sent to the Legal Documents Registry by Legal Services or the external legal consultants as appropriate. The Principal Engineer retains a copy in local filing.
6.16.6Note: A model licence for festive decorations is provided at Appendix A and may be used as a model for amendment as appropriate in liaison with Legal Services.
6.17Inspection of Works DRNM
6.17.1The Principal Engineer arranges for periodic inspections of the construction works.
6.17.2If deficiencies are identified, the Principal Engineer contacts the responsible persons and notifies them of any deficiencies for correction.
6.18AIMS
When the works have been completed and fully mapped/surveyed, the DRNM Principal Engineer passes the information to the AIMS team for the details to be recorded on the asset inventory system.
6.19Cost Recovery
6.19.1A £500 Charges is applicable for TfL’s services in relation to schemes for apparatus other than festive decorations. This charge is retained by DRNM. Further legal costs may be chargeable as advised by Legal Services.
6.19.2For a non-DBFO area, the Principal Engineer follows the procedure at reference 3.4 above.
6.19.3A13 DBFO area: the DBFO Company invoices the responsible person and retains any money collected.
6.20Filing and archiving
6.20.1The Principal Engineer ensures that all records pertinent to the matter are placed on local filing within the Area Team, including (but not limited to): letters of request, responses, method statements,agreements, licences and consultation records.
6.21When local space for storing documents is exceeded, files are archived in accordance with TfL policy on retention and archiving (see3.2 above).
7Quality Records
Letters of request, responses, method statements, agreements, licences and consultation records.
8Documentation
Appendix A: Festive Decoration Licence (Model)
Appendix B: Festive Decorations: Structural and Electrical Requirements
Appendix C: Refusal of an application for overhead apparatus (Model)
Appendix D: Records Management Schedule
SQA-0211Page 1
Festive Decorations and Other Overhead ApparatusIssue 2
Appendix A: Festive Decoration Licence (Model)
Dated ………………………………………….. 200
BETWEEN
TRANSPORT FOR LONDON (1)
AND
(2)
______
CONSENT TO PLACE TEMPORARY ATTACHMENTS AND/0R ELECTRICAL SUPPLIES OVER ALONG OR ACROSS THE PUBLIC HIGHWAY
______
Transport for London
Windsor House
42-50 Victoria Street
London SW1HOTL
THIS LICENCE is made on…………………………………………200
BETWEEN:
(1) TRANSPORT FOR LONDON ("the Grantor") of Windsor House 42-50
Victoria Street London SW1H0TL
(2) …………………………..(the “Grantee”) of …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………...……………[fill in address]
WHEREAS:
(A)The Grantor is the Highway Authority for…………….. [name of road] and is authorised by s178 of the Highways Act 1980 to grant consent to the Grantee for the placing of temporary attachments and/or electrical installations for seasonal decorations over along or across the public highway.
(B) The Grantee wishes to place the Decorations over along or across the Road.
(C) The Grantor has agreed to grant consent for the Decorations on the terms and conditions set out below.
IT IS AGREED AS FOLLOWS:
1.INTERPRETATION
In this Licence the following terms have the following meanings:-
“Decorations” means the apparatus described in Schedule 1 to this Licence
“Electricity Distribution Network Operator” means [ ]
“Method Statement” means a statement detailing the works to be carried out in the installation of the Decorations and incorporating a traffic management plan
“NICEIC” means National Inspection Council for Electrical Installation Contracting
“Plan” means the plan numbered [ ] and attached to this Licence
“Road" means that part of ……………………...…[name of road ] shown coloured pink on the Plan
2.GRANT OF CONSENT
The Grantor grants consent to the Grantee to place the Decorations on the Road subject to the restrictions and obligations set out in Clause 4 of this Licence and at its own expense.
3.DURATION OF CONSENT
The consent granted under Clause 2 of this Licence shall commence on [ ] and shall terminate on [ ] unless otherwise agreed in writing by the Grantor.
4.GRANTEE’S COVENANTS
The Grantee covenants with the Grantor as follows:
(i)the Decorations shall not be installed until the Grantor has issued written approval of the Method Statement;
(ii)the installation of the Decorations shall only be carried out:-
(a)in accordance with the approved Method Statement;
(b)in accordance with the structural electrical and traffic management requirements of the Grantor set out in Schedule 2; and
(c)by a person suitably qualified to carry out the works to install the Decorations and approved by the Grantor. In the case of electrical works, the person carrying out the installation shall be registered with NICEIC and copies of any registration certificates shall be produced to the Grantor on demand;
(iii)the Decorations shall not be in place otherwise than within the period of the consent set out in Clause 3 of this Licence;
(iv) not to allow the Decorations to interfere with or be a source of danger to any person using any part of the Road or any other public highway and if required, to forthwith remove the Decorations at the request of the Grantor;
(v) not to interfere with or cause damage to any apparatus, whether of the Grantor a statutory undertaker or any other person, which is, or which may at any time be lawfully placed under, on or over the Road;