Permission to trade on the highway (PS 8/4)
Purpose of policy
East Sussex County Council (ESCC) recognises the vital role played by the local highway network. The purpose of the policy is to set out how we will permit and control the obstruction of purpose-made footways and pedestrian areas by trading and similar activities, in order to ensure their safety and usability.
The policy applies to trading and similar activities, and the placing of advertisements other than those referred to in Obstructions on the highway PS 8/3. It does not apply to skips, scaffolding, building materials and catering booths in laybys which are covered by national legislation and PS 8/3.
In carrying out this policy, ESCC will meet its statutory obligations and will also support the Council’s Priorities, Local Transport Plan and Highway Service Outcomes.
Policy statement
a) The Traffic Manager is authorised to grant permits under Section 115(E) of the Highways Act 1980 where (i) applications have fulfilled the approved conditions and procedures (including payment of the current fee) and (ii) have not been opposed.
b) The Traffic Manager is authorised to charge an administrative fee for the issuing of a licence.
c) The Traffic Manager is authorised to delegate the necessary authority to Agent Authorities, in accordance with the Agency Agreement.
d) The Traffic Manager be authorised to deal with consultations by District Councils exercising their powers under Section 115(E) of the Highways Act 1980 and to give consent to the exercise of such powers.
e) The Chief Operating Officer be authorised to negotiate rents where the Highway Authority are the owners of the land.
f) The Lead Member for Transport and Environment is authorised to consider applications for permits under Section 115(E) of the Highways Act 1980 in those cases where there are objections or the Traffic Manager does not consider a permit should be granted.
Supporting information
Highways Act 1980, Section 115
Version control
- Highways and Transportation Committee – agenda item 9.3, 18 September 1991
- Lead Member for Transport and Environment – agenda item 5, 16 October 2017
Date of last review
May 2023