All construction or other works which may affect the use of roads or pavements, for instance by occupying or using part of the road and / or pavement by placing hoards, cranes, scaffold or other construction equipment on the roads or pavement, will require authorisation from the City Council before the work can start. Licences are often involved in Section 278 works – these could also include a licence to cultivate and private apparatus in the highway and drainage easements.
Examples of other agreements include:
- Section 50 of the New Roads and Street Works Act 1991 - This is a Licence which allows for private apparatus to be placed in the public highway and be thereafter maintained by the licence holder.
- Section 177 of the Highways Act 1980 - This is a licence which deals with the construction or alteration of buildings which overhang the highway maintainable at public expense, a canopy for example.
- Easement** - Legal easements may be expressly created by deed of grant, by statute or by will. An Easement can, in general terms, be the right secured by a legal agreement to use or cross someone else’s land for a specified purpose. For example, an easement by deed may need to be granted in favour of the Council to enter land which is not public highway with or without vehicles, materials, plant, machinery and contractors for the purpose of inspection, maintenance, repair or renewal of equipment associated with traffic signals which form part of a Section 278 scheme.
**Note. A similar type of agreement will be required for any statutory authority apparatus installed within private land and contact shall be directed to the relevant utility company.
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