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Conditions of licence

These conditions apply to building materials licences.

  • In accordance with the Highways Act 1980, we may grant permission for the use of materials on the highway.
  • All works must be carried out in accordance with the latest government advice regarding Covid-19
  • The licence does not relieve the licensee from compliance with or being subject to the London Building Act. The Town and Country Planning Act, or any other Acts, Regulations, other by laws and General Statutory provisions in the area and shall not be regarded as dispensing with such compliance.
  • A deposit is required and held to cover the costs of any damage caused to the highways that may occur during works. Should the council carry out any remedial works, if the deposit exceeds the cost of the works, the remainder will be refunded. Deposits are held for the period of the licence and refunded on a written request once the site has been inspected. Failure to request an inspection could result in a non-refund of your deposit.
  • The deposit will only be returned to the original payee unless a valid header letter from the payee agreeing to pay a third party is received. Refunds must be claimed within 6 years from the completion of works
  • Any disturbance or damage to utility plant will be the responsibility of the licensee.
  • The signatory of this application is the person accepting responsibility for the compliance of all conditions and regulations associated with materials on the highway.
  • Where there are materials to be sited in a designated parking bay, the suspension of that parking bay/space is to be arranged by the applicant with the Parking department.
  • The licence agreement will become invalid if any of the conditions are not adhered to or the licensee no longer has an interest in the project.
  • The licence granted will be exercised in such a manner as not to cause a nuisance, disturbance or danger to the occupiers of adjoining property or the users of the highway.
  • The highway must be kept neat, tidy, and free from obstructions.
  • Any form of pedestrian management must have clear signage agreed with the Highways Officer.
  • The council is indemnified against all claims resulting from an incident caused by the materials. All applicants must have public liability insurance of £10million to work on the public highway. Failure to have insurance would result in your licence becoming invalid.
  • All licences issued must be displayed on site.
  • All licences must comply with Islington Council's Code of Practice for Construction of Sites.
  • The licensee must comply with any direction or instruction given by the Streetworks Department.
  • The conditions below relate specifically to this permission and must be adhered to as part of the licence.
  • The placing of materials on the public highway should be in accordance with, and compliance to the relevant safety legislation and standards. There must be compliance with the H.S.E (Heath and Safety Executive) conditions and guidance notes.
  • All materials must be stored on the carriageway, due care with respect to pedestrian management must be taken when materials are moved from the carriageway to site.
  • The materials must not prevent utilities from undertaking their statutory duty and therefore access to their plant must be allowed at all times.
  • All channels and gullies will be kept clear of obstructions or otherwise protected to permit the proper drainage of the highway.
  • Following completion of the licence period the site shall be left in clean and tidy conditions. The Council’s contractor will remove any staining of the public highway and all costs will be deducted from the deposit.
  • The materials must be lit during the hours of darkness.
  • Delivery of all materials to site must be in accordance with Chapter 8 of the Traffic Safety Measures and Signs for Road works and Temporary Situations 1991.
  • The licensee shall make no claim against the council in the event of the materials being stolen or damaged in any way from whatever cause.
  • All materials must be stacked in accordance with the Highways Act 1980 and all lose materials (e.g. sand, gravel etc) must be kept in appropriate bags.
  • You are reminded that wilful obstruction of the public highway is an offence (s137, Highways Act 1980). Recent legislation changes now allow the Council to issue a FPN (Fixed Penalty Notice) to persons deemed to be responsible for such obstructions. The current level of fine is £100, £50 if paid within 28 days of issue.

Refunds

  • Refunds can take up to three to four weeks to process. Please ensure to include the following information when applying for a refund - name, address, Licence number, email address, contact telephone number.
  • The refund request form must be typed up not hand written. 
  • A BACS payment will be made to the person/company who paid the deposit. If the name is different then a signed letter, with full BACS details must be provided to verify the payment.

Extension charges

  • If an extension of the licence is required, applications need to be received 14 days before expiry of the existing licence.
  • The extension fee is calculated as per the table above. Extension fees will be charged at the agreed cost as detailed in the current fees and charges for the financial year in which the extension is requested. Failure to request an extension before the expiry of the licence may also result in an overstay fee being charged.

Complaints and failure to comply with site conditions or instructions

  • Any inspection following a valid complaint however received will be subjected to a £280.50 non-compliance fee, a payment request email will be sent out. Failure to pay will result in the non-compliance fee being deducted from the deposit held.
  • When the site is clear, the council needs to be informed in writing. An inspection will then be arranged.

Parking suspensions

If the structure is to be placed in a parking bay, suspensions will need to be in place. To request a suspension you must contact parkingsuspensions@islington.gov.uk. A separate application and payment will be required for parking suspensions. It is an offence to place an obstruction in a parking bay, which has not been suspended the council has the power to remove the obstruction and prosecute the person responsible. Placing materials in carriageway may affect the works noticing process under the Traffic Management Act 2004. This will be determined at the site inspection prior to works.

Additional important information

  • If your application is granted, can you please ensure you display the granted licence on site.
  • Any spoils/materials reported to the council as fly tipping where no licence is displayed, will be removed by the highways team and the associated costs recovered.
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