Request new street furniture - benches and planters on pavements and footways

Community Led Third Party Assets (benches, planters etc.) in Surrey

Guidance notes for applicants

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Introduction

County Councillors may wish to support accountable resident groups to request benches, planters etc (third party assets) on the public highway to improve the amenity of the location.

We need to carefully consider these requests, both for public safety on the highway and also to not put a future maintenance burden on public finances for non-essential assets.

We can consider requests for third party assets such as benches and planters. This guidance gives the process to be followed and some general advice about acceptable locations and installation.

This guidance applies to requests for installation of items on pavements or footways, but not on verges or roundabouts.

This guidance does not apply where large scale public realm improvements are carried out in town centres, where future maintenance agreements are put in place.

Who can install Third Party Assets on Highway?

This guidance is intended for:

  • Borough or District Councils
  • Parish or Town Councils
  • Residents Associations (that have a bank account)

We recommend that you liaise with your local County Councillor in order to gain support for your proposal.

Individual residents and businesses are not able to install assets such as benches and planters on the public highway.

Costs

It is the requestor's responsibility to pay the cost of supplying, installing and maintaining the asset on the public highway. We are not able to contribute to these costs.

Type of Asset

This guidance typically applies to the following requests:

  • Benches
  • Planters on the pavement
  • Noticeboards

This is not a comprehensive list, and we may also permit other items to be installed on the highway using this guidance such as defibrillators, wayfinding signs, air pollution monitors etc.

The type of asset must be of a commercial quality for use on the public highway. This is to ensure that any new asset such as a bench or planter, is long lasting and of low risk to highway users.

We will make the final decision as to whether an item is permitted on the public highway and at what location.

You can find guidance on our website about temporary street furniture such as Christmas trees.

Location

We can only consider applications for items located on pavements or footways, we are unable to authorise the installation of items on verges or roundabouts.

You need to think about the following when locating benches, planters, noticeboards etc:

  • Sightlines – any asset (including planting in planters) must not obstruct sightlines for drivers coming out of side roads or private accesses. It must also not obstruct sightlines for pedestrians crossing roads.
  • Obstruction of pavements – any asset must not obstruct the pavement for pedestrians, including those using wheelchairs and pushchairs. There must be a width of at least 1.5m either in front of or behind any asset.
  • Distance from edge of road – any asset (including planting) must be a minimum of 50cm from the edge of the kerb. For benches the front of the bench must be at least 2m from the edge of the kerb.
  • Benches – there must be enough space at one end of the bench for a wheelchair/pushchair.

Anti-Social Behaviour

Anti-social behaviour can be a problem on benches in certain places at certain times of day. You need to think about this before a bench is installed.

If the proposed location for a bench is outside someone's home or business, please consult them to see whether they agree to the proposal.

This will be the applicant's responsibility. If we receive complaints once a bench is installed, we will tell the person complaining to contact the applicant. If the applicant is not able to reach agreement with the person complaining, then the bench may need to be removed, at the cost of the installer.

Trees

We do not permit benches and other assets to be installed under mature trees because they can cause damage to the roots.

We do not permit circular benches around mature trees, because it can affect the future growth of the tree.

We will assess requests for benches (including circular benches) and other assets near young or small trees on a case-by-case basis.

Conservation Areas

If the asset you wish to install is in a conservation area, please contact the Borough or District Council to find out whether you also need their consent. Please also contact the Surrey County Council Historic Buildings Officer who may have views on the proposal.

Installation

  • Benches should be secured to the ground. For example by bolting into a concrete or asphalt base.
  • The contractor who installs the asset must have £10 million public liability insurance to indemnify the County Council against any claims that may arise as a result of the works.
  • The contractor's supervisor and operative who install the asset on the highway must hold a Street Works Qualification Register card.
  • If you need to excavate the highway to install your asset (including bolting benches into the pavement) you will need to provide an engineering detail to include the expected size of the excavation (length, width and depth).
  • If you need to excavate the highway to install your asset, we will provide you with information about any statutory undertaker's apparatus such as electricity and water at the location. It is your responsibility to pass this information onto your contractor.
  • If the request for a licence is approved, the contractor must apply for a permit to work on the highway in advance of the works.

Maintenance

  • Maintaining the asset is the responsibility of the organisation that has installed it. Assets must be maintained so that they remain structurally sound. Surrey Highways do not have the funding to maintain these assets and are not able to do so.
  • The organisation that has installed the asset must have £10 million public liability insurance to indemnify us against any claims as a result of the asset being on the highway.
  • If the asset is damaged or falls into disrepair, the organisation that installed the item will be required to either repair or remove it.
  • Any application is to install an asset once. We cannot guarantee against theft or vandalism. If an asset is stolen or vandalised so badly it needs to be removed, you will need to apply again if you want to replace it.

Planters

You need to think carefully about how to maintain planting in planters:

  • How will you carry out the watering?
  • What plants will you use? Seasonal bedding will need to be replaced on a regular basis.
  • How will you maintain the planting? Even low maintenance planting will need weeding and may need cutting back to it does not get too big for the planter.
  • Unmaintained planting can soon look uncared for leading to concern from the public.
  • Surrey Highways will not be responsible for maintaining planting.
  • If Surrey Highways receive complaints about the planting or the planters, then the person complaining will be referred to the organisation that installed the planters.

Removal of assets

We reserve the right to remove or relocate any asset in the following circumstances:

  • After a period of 10 years (average lifetime).
  • If the asset falls into disrepair or is vandalised.
  • If any asset becomes unsafe and is a risk to the public.
  • In the event of a redevelopment scheme where the asset is located.
  • If the asset has been relocated without agreement from Surrey Highways.

We will seek to recover costs from the installer wherever possible.

How to Apply

Stage 1 – Approval in Principle

The first stage is for you to submit your proposal so that we can consider it for approval in principle.

You need to provide the following information:

  • A clear plan of the area showing the location of the request, and where the item is to be installed. It should include road names and property names for easy identification. An annotated extract from the Surrey Interactive Map could be used.
  • Detail of what is proposed such as type of asset, size of asset, proposed planting details height and width (if planter), written description of location.
  • Any special permission needed such as a conservation area.
  • If a bench is proposed, approval from nearby residents will need to be demonstrated. Please note that if we receive complaints from residents about the location of the bench the complainant will be referred to the organisation that is applying.
  • Details of supplier and contractor if known
  • Is the road where you propose to install your asset subject to Lane Rental charges. If so you may be subject to additional restrictions or costs during the installation of your asset. We do not want you to have any nasty surprises further along in this process if the asset is to be installed on an affected road, as this could incur charges of £1,500 to £2,500 per day. The map can be accessed from the Surrey Lane Rental Scheme webpage under the section "Roads that are part of SLRS".

By making the application for approval in principle you agree to be responsible for the ongoing maintenance of the asset. If someone enquires about the asset, we will advise them to contact you directly.

Please note you will need evidence of your organisation's public liability insurance to a value of £10 million in order to apply for the licence.

Once you have submitted the application, we will consider your request and contact you to let you know whether we have agreed your approval in principle.

Your approval in principle will be valid for one year. If you do not apply for your licence within one year of the date on the email giving you approval in principle this approval will lapse. If you still wish to install your asset on the highway you will need to apply for approval in principle again.

Stage 2 - Licence

If we approve your request in principle, you will be asked to fill in a licence application and give us further information about your request. There will be a link to the licence application in the email agreeing your approval in principle.

The further information we need is as follows:

  • Name and contact details for your contractor.
  • Copy of contractors £10 million public liability insurance certificate.
  • Copies of the Street Works Qualification Register card for the contractor's supervisor and operative.
  • Copy of your organisation's £10 million public liability insurance certificate.
  • If asset is to be installed in conservation area, you may require consent from the Borough or District Council Written proof will be needed to show either that you have consent, or it is not required.

If you need to excavate the highway to install the asset:

  • Engineering detail to include expected size of excavation (length, width, depth)

By making the application for the license you agree to be responsible for the ongoing maintenance of the asset. If someone enquires about the asset, we will advise them to contact you directly.

Review of Process

This is a new process, please contact us with any comments or suggestions about how to improve it. The process will be reviewed in 12 months and will consider feedback received about this new process.

Checklist for applicants for approval in principle

  • Have you produced a clear plan showing the proposed location of the asset?
  • Do you have a description and size of the asset you intend to install?
  • If it is a planter, do you have details of the proposed planting?
  • Is the asset to be installed in a conservation area?
  • Does your organisation have £10 million public liability insurance? If no your application will be refused.
  • If you are applying for a bench, please confirm that you have sought agreement from nearby residents.
  • Do you have details of your supplier and contractor? Please note that your contractor is required to have £10 million public liability insurance and have staff that are on the Street Works Qualification Register in order to work on the highway.
  • Have you checked our Lane Rental map to see if the road may be subject to additional restrictions or costs during the installation of your asset. We do not want you to have any nasty surprises further along in this process if the asset is to be installed on an affected road, as this could incur charges of £1,500 to £2,500 per day.

Please ensure that you have this information to hand before applying for Approval in Principle.

Apply for approval in principle.

Checklist for Applicants for Licence

  • Do you have your reference number? This number will be in the title of the email telling you that you have got approval in principle to install your asset on the highway.
  • Have you got your plan showing the proposed location of the asset? We need you to attach it when applying for the licence.
  • Have you produced your Engineering Detail if you are excavating the highway? We need you to attach it when applying for the licence.
  • Have you got the name, address, email address and telephone number of your contractor?
  • Have you got a copy of your contractor's £10 million public liability insurance certificate? We need you to attach it when applying for the licence.
  • Have you got a copy of the Street Works Qualification Register Card for the supervisor working for your contractor? We need you to attach it when applying for the licence.
  • Have you got a copy of the Street Works Qualification Register Card for the operative working for your contractor? We need you to attach it when applying for the licence.
  • Have you got a copy of your organisations £10 million public liability insurance certificate? We need you to attach it when applying for the licence.
  • Have you received information about statutory undertaker's apparatus at the proposed location from Surrey Highways, and passed this information to your contractor?
  • Have you got consent from the Borough or District Council if the asset is to be installed in a conservation area, or their confirmation that consent is not needed? We need you to attach this consent/confirmation when applying.

Please ensure that you have this information to hand before applying for the license.

The link to the license application form is in the email that we sent to you agreeing your approval in principle.

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