Structure Protruding Over/Under the Highway - Applying for a Licence

If you would like to construct or extend a building on or over the public highway you will require a licence. Please note that a highway can include roads, pavements and verges. The private apparatus may be temporary or permanent. Typical examples may be a private telephone cable which spans a street between buildings or a small canopy on a building. This type of licence is dealt with by Torfaen County Borough Council under Section 178 of the Highways Act 1980. Large projections from buildings, i.e. balconies, structural canopies or general building overhangs are dealt with under Section 177 of the Highways Act 1980. Also in addition to planning permission a licence must be obtained to construct a new cellar which is below the carriageway or footway, and these are dealt with under Section 179 of the Highways Act 1980.

Applications must be made by the owner of the proposed projection and/or the land to which the projection is associated.

The applicant will need to consider and accept the responsibilities placed on a licence holder.

Fees are applicable and conditions will be attached

Torfaen County Borough Council will endeavour to process your application as quickly as possible. Due to the nature of this licence and third party interest we will aim to grant licences within 30 working days of the application being made. This however is subject to receiving all required documentation and plans.

The evaluation process:

• Payment of the application is received upfront before assessment
• The application will be validated to ensure that the applicant has confirmed that they are the owner of the projection and agree to the licence conditions
• The proposal will be reviewed and consideration given to alternative options, the effect on the highway and potential risk to the highway infrastructure and the public
• Evidence of third party agreements will be reviewed if applicable
• The proposed installation and construction method will be considered

No. It is in the public interest that and Torfaen County Borough Council must process your application before it can be granted. If you have not heard from the Council within a reasonable period, please contact us.

If you wish to apply for a licence the application for the construction of a structure over, under or above the highway form can be downloaded here.

Please contact Torfaen County Borough Council in the first instance.

Torfaen County Borough Council
Neighbourhood Services
Highway Network Section
Panteg Way
New Inn
Pontypool
NP4 0LS

Any applicant who is refused a licence can appeal to their local Magistrates' court.

Please contact Torfaen County Borough Council in the first instance.

Torfaen County Borough Council
Neighbourhood Services

Highway Network Section
Panteg Way
New Inn
Pontypool
NP4 0LS

Any licence holder who wishes to appeal against a condition attached to their licence can appeal to their local Magistrates' court.

Torfaen County Borough Council would always advise that in the event of a complaint the first contact is made with relevant Department, by you - preferably in the form a letter (with proof of delivery). If that has not worked, if you are located in the UK, Citizens Advice will give you advice. From outside the UK contact the UK European Consumer Centre.