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					SCARBOROUGH BOROUGH COUNCIL APPLICATION FOR PERMISSION TO PROVIDE AN AMENITY ON A PUBLIC HIGHWAY (Highways Act 1980 Section 115)

Applicant's Name: …………………………………………………………………………… Applicant's Address: ………………………………………………………………………… ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Telephone No: ………………………………………………………………………………… Agent's Name/Address (If Applicable): …………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Telephone No: ………………………………………………………………………………… Description of the area of highway that is the subject of this application (attach plan/ sketch in support): ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Address of the premises closest to the above: ………………………………………………. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Nature of business conducted at those premises: …………………………………………... ………………………………………………………………………………………………….. Name/Address of owner of premises (if not the applicant): ……………………………….. ………………………………………………………………………………………………….. …………………………………………………………………………………………………..

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Details of proposed amenity, including description of any objects to be placed on the highway: ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Intended period of operation: Start Date: ……………………………… End Date: ………………………………………

Days of Week: ………………………………………………………………………………… Times of Day: From: …………………………………… To: ……………………………………………...

Is it intended to provide electricity or water supplies to the amenity: ……………………. If 'yes', please indicate reason for this and the method by which the supply will be provided: ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Signature of Application: …………………………………………………………………… Date: …………………………………………………………………………………………...

Please return the completed form, together with an application fee of £150.00, to: Head of Engineering and Procurement Services Town Hall St Nicholas Street Scarborough YO11 2HG Cheques should be crossed and made payable to 'Scarborough Borough Council'.

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PROVISION OF AMENITIES ON PUBLIC HIGHWAYS EXPLANATORY NOTES

The Council has approved a scheme under which certain amenities may be provided by individuals on specified areas of public highway that lie within the Council's control. In order to ensure that such amenities are appropriate and in keeping with the area in question, and to protect the public's rights and safety on highways, the Council has set out a list of requirements that must be met by an application. These are detailed on the attached sheets. You are advised to read these carefully and ensure you fully understand the requirements before you proceed with an application. If the requirements are not clear, you may obtain advice by contacting the officer whose reference appears on the covering letter. Procedure On receipt of your application and fee, the proposal will be checked against the criteria. If the proposal satisfies the criteria, contact will be made with adjacent property occupiers and with the owner of the property outside which the proposed amenity is to be situated (if you are not also the owner). Further details may be obtained from you at that stage. The proposal will then be submitted to the Council's Cabinet Member for Environment and Transport with an appropriate recommendation. You will be kept advised throughout of the progress of your application. Additional Notes for Guidance 1. If your proposal fails to meet the principal criteria, you will be informed, and may be advised to make amendments to it to better fit the criteria. If your application is subsequently refused you will be refunded £100 from the fee originally submitted. When submitting a plan, this should be of a quality that allows the Council to identify clearly and accurately on site the area of highway that is included in the proposal. Measurements should be given for all the sites of the application area and the relationship to adjacent property should be shown. Following approval of the application, the Council will delineate the area of highway at the site by an appropriate method. If a permission is granted, it will be on the basis of appropriate conditions including a requirement that you indemnify the Council against any claims that may be made against the Council arising from the permitted use of the designated area of highway.

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3.

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APPENDIX B CRITERIA FOR ASSESSMENT OF APPLICATIONS UNDER SECTION 115 OF THE 1980 HIGHWAYS ACT

A.

Type of Trading Activity Table 1 Activity Gaming machines, amusement rides etc Comment Do not enhance street scene. Use of power cables on highways a safety hazard. Difficult to control quality of display. Can cause indirect obstruction with customers/deliveries to adjacent premises. Could not permit sale of one type of goods without fairly allowing all. Very short-term use of highway and in any case (subject to size of stall) exempt under Street Trading Order. Inappropriate use of longterm application of Section 115 provisions. In any case, large vehicles unacceptable on footways or in pedestrian zone. Appropriate only if part of a co-ordinated scheme for improving flow of information of interest to the general public. Use of 'A' boards or other localised advertising is damaging to the amenity of the area and potentially hazardous for pedestrians. Recommendation Not acceptable under Criteria A.

Goods for sale (ie greengrocers, shoes, clothing, seasonal gifts)

Not acceptable under Criteria A.

Newspaper sellers

Acceptable under Criteria A.

Demonstration vehicles

Not acceptable under Criteria A.

Advertising or information boards/structures

Not acceptable under Criteria A.

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Activity Refreshment facilities

Comment Appropriate for Section 115 application, subject to space requirements and location (see below). Likely to be long term use. Enhances street scene and interest. Depends upon location and activity.

Recommendation Acceptable under Criteria A.

Special events

At discretion of Cabinet Member.

B.

Type of Street The type of street to which controls apply are those contained in the Act, are set out in paragraph 3 of this report and are reproduced below. a. b. c. d. e. f. g. highways subject to pedestrian planning orders; bridleways; footpaths/walkways; footways; subways; footbridges; highways subject to Traffic Regulation Orders controlling vehicular use for certain periods of the day.

Approval cannot be given to a request for a licence on any other type of street, or part of a street. As well as these restrictions, the following criteria should also be met:i. the licensed area, or the use of it, must not interfere with the permitted movement of vehicles; the licensed area or objects within it must not restrict visibility for drivers or pedestrians; except in the case of special events, the licensed area must be under the control of adjacent trade premises and contiguous with those premises; there should be a general presumption against sites where a carriageway, which is not closed to traffic for at least part of the day, abuts the footway in question;

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iii.

iv.

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v.

where, however, an acceptable footway location abutting a non restricted carriageway exists, then the footway width remaining for general public use after defining the area proposed for the licence must be no less than the largest of the values in the following table. Table 2

Traffic Classification of Street

Recommended Minimum Width M (Ft) Available for Pedestrian Movement 2.4 m (8 ft) (residential)

Example

Primary/District Distributors (Bus routes, predominantly through traffic, links areas)

Newlands Park Drive/ Prospect Road North Marine Road

2.7 m (9 ft) (industrial/ business) 1.8 m (6 ft) (residential) 2.7 m (9 ft) (industrial/ business)

Local Distributor/Access Roads (Bus stops; slow moving vehicles; vehicle movements near beginning and end of journeys; deliveries) Shopping street - minor

High Street, Scalby Esplanade/Crescent

3.7 m (12 ft)

Falsgrave/Ramshill Road/ Victoria Road Town Centre, Sea Front Museum Terrace

Shopping street - major Footstreet (Streets in which there is little trading activity and limited or no vehicular activity) C. Period of Activity

4.6 m (25 ft) 0.9 m (3 ft)

These shall be defined by the Borough Council having regard to the local situation. D. Duration of Licence It is considered that any licences should be issued initially for 12 months only and thereafter be subject to annual review. E. Level of Pedestrian/Vehicle Activity Where the Borough Council is concerned that, even if the footpath widths prescribed in paragraph 3, table 2, are provided, there is still a potential for pedestrian/vehicle conflict, it may require, and the applicant must provide, before any licence application is considered, details of pedestrian/vehicle counts undertaken during the period for

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which any licence is required, to demonstrate to the satisfaction of the Borough Council that, during the period of any licence, there would be no risk to pedestrians or drivers if the above prescribed footpath widths available for pedestrian movement were provided. Where the Borough Council is satisfied that the level of pedestrian/ vehicle activity is likely to give rise to a risk of pedestrian/vehicle conflict, it may, at its sole discretion, prescribe such minimum footpath widths for pedestrian movement as it considers necessary in the particular circumstances. F. Environmental Considerations The purposes of licences are to improve the amenities of any area and even if the criteria referred to above are met the Council may still refuse to grant a licence if it is not satisfied that the activity will enhance the amenity of the area. If a licence is to be granted, before doing so, the Borough Council may require full details of materials to be used on or over the site and may, at its sole discretion, determine the acceptability of same. Where the Borough Council is not satisfied that any materials or objects add to the amenity of the area it may refuse to grant a licence.

May 2002

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