This service is managed by the Transportation Department

Director: Martin Low

Processing officer:Technical Assistant (Consents)

ref:T/SP/JRP

Direct Line:+44 (0) 20 76412642

Email:

Building address:Transportation Department 10th floor

Westminster City Council, City Hall

Postal:64 Victoria Street, London, SW1E 6QP

DX:DX2310 VICTORIA

Licence application method - building or bridge oversailing or spanning the highway

I refer to your enquiry about constructing a bridge, canopy, building or part of a building (“the Works”) over an adopted highway.

Such works require a licence under s177 of the Highways Act 1980 for a building to oversail or span a highway or s176 for a bridge to do likewise. The difference is that a bridge would connect two buildings, for passage between the two. S176 does not apply to parts of buildings that are more than 2 stories, even if their purpose is for communication.

This Council issues those licences for buildings or bridges over highways for which this Council is the highway authority. Transport for London issues licences for its highways.

To apply for a licence please submit:

A.a letter of application to the address in the footnote, including the address and order or reference number for the Council to invoice for payment pursuant to 8 below,

Ba scaled vertical sectional drawing showing the Works and the footway it is proposed to oversail,

C.a scaled ground floor drawing showing the building line, kerb line and the extent of the oversail, and

D.proof that the Works are permitted development, namely

(i) the decision letter or an appeal inspector’s notice in response to an application/appeal under Town and Country Planning Act 1990 for permission to develop, and

(ii)a plan listed in that letter or notice which shows the proposed oversail.

All licences are subject to standard conditions, as listed below. I should be grateful if you would show these conditions to your client to see if there are any which your client cannot accommodate or feels are unreasonable. If there are then please draw my attention to them.

Standard conditions attached to licences under section 176 and 177 of the Highways Act 1980:

1.The Works must be:-

(a)proposed development that has been permitted under the Town and Country Planning Act 1990;

(b)higher than 2.6 metres above footway it oversails which is more than 0.9 metres from a carriageway; and

(c)higher than 5.3 metres above any highway it oversails that is footway less than 0.9 metres from the carriageway or carriageway itself.

2The Licensee must keep the Works in good repair.

3Nothing in this consent shall operate to vest in the Licensee any easement or right whatsoever other than the limited and conditional privilege hereby expressly conferred upon the Licensee.

4Without prejudice to any claim for costs or damages the Corporation has against the Licensee, this licence shall determine if:

(a) after four weeks written notice served by the Corporation on the Licensee, in respect of a fundamental breach of any of these conditions, the Licensee has not rectified that breach or put into force a series of remedies to rectify that breach in a reasonable time; or

(b) the Licensee has served written notice on the Corporation that the Works are no longer required and will be demolished or otherwise removed on a prescribed date;

Notice shall be deemed to be served on the Corporation if that notice is given in writing, is signed, adequately explains its purpose, describes the Works, and is delivered to the registered office of the Corporation for the time being.

  1. The Licensee shall permit the Corporation to inspect the Works or any part thereof after reasonable previous notice (except in the case of emergency) has been given to the Licensee.
  2. In consideration of the grant of this licence, the Licensee shall indemnify the Corporation against any claim for injury, damage or loss arising out of the grant of this licence except in the case of injury, damage or loss which is attributable to the negligence or act or omission of the Corporation.
  3. The Licensee shall, on demand, pay the Corporation the sum of two hundred and eighty five pounds GB sterling, as the Corporation’s standard fee for assessing the application. The payment is claimed pursuant to the Local Authority Transport Regulations 1998, made under the Local Authority and Housing Act 1989.

9The Licensee shall at the Licensee’s own expense effect non-structural alterations to the Works in such a manner as the Corporation may reasonably require if at any time the Corporation (in exercise of its statutory functions) reasonably considers such work necessary for the purpose of securing the safety of persons using the highway or of preventing interference with traffic thereon

10If at any time the Works are no longer required, the Licensee must notify the Corporation in writing to that effect and thereupon, the Licensee must remove the Works.

11The Licensee shall ensure that the Works are positively drained into the private drainage system of the building and not on to the highway.

12A fundamental condition of a licence under section 176 is that no part of the Works are occupied for habitation or storage.

The Highways Act 1980 sections 177(6), 316 and 317 provide that an appeal lies to the Crown Court in respect of a refusal to give a licence or a requirement of the licence. To appeal, the aggrieved party must make a complaint to the magistrates' court for appeal to the Crown Court within 21 days of the date you receive this letter licence

The licence is issued to the developer but its conditions bind all owners, lessees and occupants of the land to which it relates; see sub section 177 (2) Highways Act 1980

Highway Land Searches, Transportation Department 10th floor, Westminster City Council, City Hall, 64 Victoria Street, London, SW1E 6QP

DX 2310 VICTORIA

Page 1 of 3