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The Vision of the Community of Ceredigion, Expressed Through Its

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The Vision of the Community of Ceredigion, Expressed Through Its Ceredigion County Council Highways, Property and Works Department County Hall, Market Street, Aberaeron SA46 0AT Guidance on Managing Footway Obstructions Huw T Morgan BSc, CEng, MICE Director of Highways, Property and Works ii Executive Summary The Council has statutory duties as to the management of footway obstructions and has administrative systems in place to manage highway, utility and builders’ works that cause such obstruction. This paper examines the legal and technical framework as to other works and uses that cause footway obstruction and recommends that the Council adopts the following policies and practices for an improved system of management of such obstructions to be put in place. (1) It is the policy of the Council to ensure that all footway obstructions are lawful and where they are not to take steps to require the person responsible for the obstruction to make the obstruction lawful under this guidance or to remove it as appropriate. (2) With regard to any highway referred to in Part VIIA of the Highways Act 1980 it is the policy of the Council to consider granting permission upon the application by any person, for that person to – (a) carry out works on, in or over that highway; (b) place objects or structures on, in or over that highway for the purpose of enhancing its amenity or that of its immediate surroundings or providing a service to the public or a section of the public; (c) maintain such works, objects or structures; (d) provide, maintain and operate facilities for recreation or refreshment on that highway; and / or (e) use objects or structures on that highway for the purposes of production of an income, providing information or advice, and / or advertising (3) It is the policy of the Council that the minimum width of footway to be preserved from obstruction when granting permission under Part VIIA of the Highways Act 1980 shall be determined by the Director of Highways, Property and Works according to the following guidance: iii Within the Main Towns All Other and Larger Areas Settlements Footways in general 1800 mm 1600 mm Footways where close proximity 2000 mm 1800 mm of adjoining vehicular traffic is intimidating to pedestrians or where frequent high volumes of pedestrians merits extra width Footways where walking-about 3000 mm 2400 mm and looking-around make major contributions to the shopping, leisure or tourist experience NB. For ‘Main Towns and Larger Settlements’ see Settlement Proposals Map of the Ceredigion Unitary Development Plan Proposed Modifications Version published on the internet at http://www.ceredigion.gov.uk/media/pdf/8/5/09_UDP_PM_Inde x_Proposals_Map.pdf and detailed Settlement Maps and Statements at http://www.ceredigion.gov.uk/index.cfm?articleid=3493 (4) All permissions shall be subject to a condition requiring the licensee to remove all or any of the permitted obstructions on request of the Council or any statutory undertaker or public utility within such time as prescribed in the request. (5) All permissions shall be limited to a maximum of one calendar year from the date on which the permission was granted. (6) Breach of any condition of permission shall be a determining factor in the consideration by the Council of any application for renewal of that permission. (7) No permission granted under Part VIIA of the Highways Act 1980 shall grant or be deemed to grant permission for sale or consumption of intoxicating liquor on a footway which is or lies within a designated public place within the meaning of Section 13 of the Criminal Justice and Police Act 2001. iv (8) All permitted movable objects shall be removed from the footway by the daily end time specified in the permission and shall not be replaced on the footway until the daily start time specified in the permission. (9) All permitted tables, parasols, chairs, advertisements and other moveable objects shall be designed as to be safe and fit for purpose so as not to endanger users of them or passing pedestrian traffic or offend the visual amenities of the street, and shall be fixed or weighted as to prevent them from being blown by the wind from their permitted locations. (10) Breach of planning control in relation to any object placed on a footway in pursuance of a permit granted under Part VIIA of the Highways Act 1980 will invalidate the permit (a permit under Part VIIA of the Highways Act 1980 does not constitute a planning permission, listed building consent, conservation area consent or advertisement consent under Planning legislation). (11) Each applicant shall be charged a fee for the processing of the application. The fee shall be £25.00 per square metre of footway, rounded up to the nearest £25.00 increment. No application shall be processed unless accompanied by a cheque to the correct amount made out to ‘Ceredigion County Council’. No part of the fee shall be refundable in the event of the application to which it relates being refused by the Council or in the event of the Council requiring the licensee to remove all or any of the permitted obstructions within the currency of the permission to which it relates. (12) Each applicant shall indemnify the Council against all actions, proceedings, claims, demands and liability which may at any time be taken, made or incurred in consequence of the presence or use of the object(s) to which the permission relates and for this purpose shall take out at his / her own expense a policy of insurance approved by the Council to such value per event as shall be determined by the Director of Highways, Property and Works and shall produce to the Council on request current receipts for premium payments and related confirmations of renewal of the policy. (13) No statutory consent shall be sought by the Council from any other highway authority or a frontager in respect of any application under v Part VIIA of the Highways Act 1980 unless and until the Director of Highways, Property and Works is satisfied that the respective proposal satisfies all other policy requirements and that the applicant has agreed to reimburse all costs and expenses the Council incurs in seeking those consents, even if seeking those consents proves abortive. (14) All permissions granted under Part VIIA of the Highways Act 1980 in Ceredigion shall be granted subject to such conditions as may be deemed necessary by the Director of Highways, Property and Works of the Council. (15) It shall be the practice of every department of the Council to consult with the Engineering Division of the Highways, Property and Works Department of the Council before exercising the Council’s powers under Section 115B (Provision, etc., of services and amenities by councils) or Section 115C (Provision of recreation and refreshment facilities by councils) of Part VIIA of the Highways Act 1980. vi List of Contents Page 1 Introduction 1 The Statutory Position 3 The Common Law Position 5 Managing Obstructions 5 Highway Works 5 Utility Works 6 Building Works 7 Markets and Fairs and Street Trading 7 Public Amenities 7 Highway Inspection 10 Policy Development 10 Enforcement Policy 10 Permission under Part VIIA of the Highways Act 1980 13 Recommendations 13 Ratification of inherited operational policies 14 Safeguarding standard minimum widths 16 Avoidance of fettering the Council’s powers 17 Encouraging responsible citizenship 17 Minimising clutter, danger and nuisance 18 Integration with Town and Country Planning 19 Fees and public liability insurance 20 Obtaining other statutory consents 20 Transparency, accountability and fairness 21 Streetscene management 21 Objects on Verges 22 Environmental Considerations 22 Placing of Refuse on Footways for Collection vii viii Introduction 1. Much has already been done at local, regional and national levels to encourage use of more environmentally-friendly modes of travel than the motor car, and one of the desired outcomes of the local community strategy, Ceredigion 2020, is to encourage more walking to create a healthier, safer, better maintained and more attractive environment, accessible to all. 2. At regional, national and international levels, increasing emphasis on improving the ‘streetscene’ and ‘public domain’ is improving cooperation and understanding between users and various interested professions and private and public sector organisations (Paving the Way: Commission for Architecture and Built Environment: http:/www.cabe.org.uk) and campaigns are being developed to secure removal of unnecessary street clutter (Place-check: Urban Design Alliance: http:/www.placecheck.info). 3. All this promotion is creating increased public demand for greater attention to be given to the provision, maintenance, improvement and better management of footways. The Statutory Position 4. Section 130 of the Highways Act 1980 imposes duties on the Council to assert and protect the rights of the public to the use and enjoyment of highways for which they are the highway authority and prevent, as far as possible, their stopping up or obstruction. Ceredigion County Council is the highway authority for all highways in Ceredigion, apart from the trunk roads in the county. 5. It also empowers the Council to assert and protect the rights of the public to the use and enjoyment of any highway for which it is not the highway authority, and imposes a duty on them to prevent the stopping up or obstruction of such highways, as far as possible, if, in their opinion, such stopping up or obstruction would prejudice the interests of their area; so the Council also has duties and powers relating to the trunk roads. 6. The Highways Act does not define ‘interests’, but Sections 2 and 4 of the Local Government Act 2000 empower the Council to do anything they consider likely to promote or improve the sustainable development and economic, social or environmental well-being of their area, so these should be deemed legitimate ‘interests’ for the purposes of the Highways Act.
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