Signs, Canopy and Awnings

Royal Borough of Windsor & Maidenhead

GUIDELINES FOR PLACING PROJECTIONS OVER THE HIGHWAY

INTRODUCTION

These guidelines set out the processes to be considered when applying for consents to place on or attach to a building any awning, blind, small sign or light canopy that may protrude or project (overhang) the public highway.

It is intended to act as a guide to applicants and seeks to explain why there is a need to control and manage these structures placed over the highway, the issues to be considered and the conditions that will be applied upon successful application.

Other more significant structures that protrude, project or overhang the public highway are generally administered by the Royal Borough of Windsor & Maidenhead's Planning, Highways & Development Control Departments using the Technical Approved Procedure for Highway Structures.

BACKGROUND

Common Law has established that a highway is a route along which all persons can use to pass and re-pass as often and whenever they wish without let, hindrance and without charge. This definition covers the road or carriageway and the footway, verge or pavement. In order to preserve these rights of way it is necessary to ensure that they are not obstructed either wilfully or without due consideration. Consequently there is an obligation to regulate features placed over the highway to minimise risk and to make sure that there are no severe hazards, particularly for the visually impaired, for those with mobility problems, the elderly and those with young children.

In the Royal Borough of Windsor & Maidenhead (RBWM) this obligation rests with this council as the local Highway Authority. RBWM is responsible for the fabric of the highway and therefore must ensure that, for example, access is maintained, that furniture does not obstruct sight-lines or road traffic signs and that the area is maintained for the safe passage of pedestrians and vehicular traffic. These features are assessed and safeguarded using powers contained in the Highways Act 1980.

RBWM, as Highway Authority for the area, have powers under this act to grant consents (licences) to place structures both temporary and permanent which will overhang the public highway. Powers also exist to remove any unauthorised structure under the same Act.

An applicant seeking approval to erect a structure over the public highway will need to be aware that there are other administrative elements to consider:

1. Local authority planning permission will usually be required for the structure and possibly for the use of land prior to application of this licence. Applicants are advised to contact the Borough's Planning Department in the first instance.

2. Local authority advertisement consent may be required if an element of advertising is proposed in any decoration or design.

3. Local authority listed building consent may be required for structures proposed to adjoin listed buildings.

4. A section 177 Highways Act 1980 Licence is needed because the highway is maintained by the Highway Authority and the safe passage of pedestrians and vehicular traffic must be regulated.

An applicant is not in a position to erect any structure over the highway until all of the required approvals, associated with 1 - 4 above have been granted as necessary. In addition, not until evidence of public liability insurance has been provided and checked and the licenses are on display within the body of the business as specified.

Under the Highways Act 1980 RBWM has permissive powers to enforce any structure that overhangs the public highway. This role is to be carried out by a nominated RBWM Highways representative who has cause to visit the premises as part of their routine duties or following a report from a member of the public via the contact centre, by post or in person.

If justified complaints are received and if after investigating the matter it is found that full compliance of all conditions is not achieved or if conditions alter, a licence may be withdrawn at any time during the period of consent at no cost to the authority.

Unless there is an immediate and urgent problem the site will be visited by a RBWM representative and followed by a written warning notice for which there will be an administration charge. This action will be replicated on one further occasion before despatch of communication to indicate that further action will be taken. It is possible that the licence will then be withdrawn or further enforcement action taken. It may be necessary to remove projections from over the public highway. These structures may be demolished and all of the materials arising from the demolition may be disposed of for which all reasonable costs will be recharged to the licence holder.

CRITERIA TO BE CONSIDERED BY THE APPLICANT

Prior to presenting any application consideration must be given to the following which will be taken into account as part of any formal assessment:
Is there enough room for the use as proposed? A minimum vertical clearance must be maintained. Please refer to appendix 1 for further details.

Consideration must be given to the effect any such item may have on neighbouring businesses and residents. It would be useful to consult with neighbours, tenants and adjacent residents and to submit evidence to show that they have been consulted and present any letters of support. By giving those adjacent to the site or to those who may be affected materially by the structure the opportunity to comment, it may be possible to address any concerns prior to a formal submission. This will also assist the planning process. As part of the administration of the Highway Licence, the RBWM may consult with any neighbours who may be materially affected.

The person to whom permissions are granted must be the owner of the building upon which the projecting item will be attached and he or she must have in place at all time a valid certificate of public liability insurance for at least £10,000,000 which also indemnifies the RBWM its agents, servants and workmen against any costs, claims, expenses, actions or damages arising. Evidence of such Public Liability Insurance shall be provided to the satisfaction of the RBWM respectively before permissions can be exercised.

Fees will be payable within the provisions of the fees scale determined by the RBWM relevant to the period for which the application/consents relate(s).

While not a Highways issue, consultation with the Planning Authority on design is advisable prior to submission of an application form, to avoid a potentially abortive discussion on highway matters.

PROCEDURES FOR MAKING A LICENCE APPLICATION

First contact the RBMW's Highways Department, 1st Floor, Town Hall, St. Ives Road, Maidenhead, Berkshire, SL6 1RF or Engineering@rbwm.gov.uk or Tel: 01628 796224 to establish if the application in principle would be acceptable.

If an indication is given that the submission is satisfactory the applicant should then make contact with the relevant Planning Officers within the Borough to make arrangements to submit a planning or other related applications as necessary to cover all of the relevant aspects of the proposal as outlined in this guide.

The applicant should contact the RBWM Highways Department for an application form - or download one from our web site - which should be completed and returned along with all of the relevant necessary documentation. To ensure that your application is processed quickly, you should have considered all of the points listed in the "application checklist" shown below and supply all of the relevant supporting data.

It may take up to three months to process all of the aspects of the application which takes into consideration all representations made by interested frontagers who would be materially affected by the proposal. Consultation may include the emergency services, other internal council departments, Ward and Parish Councillors.

It must be emphasised that any proposed structure cannot be erected until the applicant has all of the required licenses and has paid the associated fees and charges.

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