Building driveway on council owned verge

Section62

Simeonbl said:

I believe the 171 license is just permission to carry out works that will disrupt the highway such as a dropped kerb. So in this I would be using that anyway to have the kerb dropped by the council/ highways workers.

did you get any other permission to build on the council land as part of your driveway.

Yes, S171 is only for temporarily depositing materials on the highway, or minor excavation such as that needed to connect a water supply pipe.

If the dropped kerb is carried out by the council or their contractor then S171 doesn't apply, as the highway authority don't need one to carry out the work.

The answer to your question is in my first post on the thread.  Apply to the county council (highways department) for a dropped kerb extension.  The work they will quote you for normally includes paving the area of highway (footway/verge) up to your property boundary.

The only exception to this is if the council (the borough one in this case) own a strip of land which is not highway.  Being a new town means there is a possibility of public non-highway land between the highway and your boundary.  Is this what you are saying?

Do you know (from your deeds) whether the boundary of the land you own is where the hedge is, or does your land go all the way to the footway?

If your property ends at the hedge, and the 'verge' you need to cross to get to the highway is owned by the borough council then I think you will need to ask the borough council's property department for a licence to use that land as your driveway.  You wouldn't necessarily need to buy it, and typically councils are reluctant to sell public space. But they can licence your use of it.  Expect to have to pay their legal costs in drawing up an agreement.


Alternatively, do as I suggested and request a crossover extension. The highways department should then do the job of verifying the extent of the highway and land ownership, and will have the contacts at the borough property department if that is necessary.

benson1980

This is the guidance we went by which stipulates you need it in addition to the crossing application. We did however find it all rather confusing.

https://www.hants.gov.uk/transport/licencesandpermits/roadopening/section171

Section62

benson1980 said:

This is the guidance we went by which stipulates you need it in addition to the crossing application. We did however find it all rather confusing.

https://www.hants.gov.uk/transport/licencesandpermits/roadopening/section171

If the council (highway authority) or their directly employed contractor does the work then no S171 is required.

If an individual employs an 'approved' contractor then a S171 shouldn't be needed, but they will follow a separate streetworks notification process (which also applies in all cases).

If the individual wants to do the work themselves, or use a non-approved contractor, then a S171 licence allows them to make a temporary excavation in the highway with "lawful authority" and avoid committing an offence under Section 131.

But the licence is specific to making the excavation (sometimes known as "breaking open the surface") or to the storage of materials - it doesn't relate to the permanent works.

However, in cases involving a planning consent, the highway authority can also authorise the person carrying out the development to execute the works under S278, so giving an alternate route to the "lawful authority" required to excavate.

Whether or not a S171 is required is the choice of the relevant highway authority, to some extent.