{"id":27811,"date":"2026-09-08T14:12:46","date_gmt":"2026-09-08T13:12:46","guid":{"rendered":"https:\/\/www.devon.gov.uk\/roads-and-transport\/?page_id=27811"},"modified":"2026-09-09T11:39:45","modified_gmt":"2026-09-09T10:39:45","slug":"furniture-on-the-highway-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.devon.gov.uk\/roads-and-transport\/furniture-on-the-highway-terms-and-conditions\/","title":{"rendered":"Furniture on the highway &#8211; terms and conditions"},"content":{"rendered":"\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>1. Overview<\/summary>\n<p class=\"wp-block-paragraph\">This guidance is for temporary and semi permanent structures and furniture that are not covered by the pavement licence process under the Business and Planning Act 2020, which is administered by District Councils. Items defined in s. 1 of the Business and Planning Act 2020 cannot be licenced under this procedure. Please refer to the pavement licence guidance for further details.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Devon County Council (&#8220;the Council&#8221;) will facilitate the use of temporary and semi permanent structures and furniture on the highway, recognising that their provision can positively contribute to, and support the local economy.&nbsp;<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">This guidance acknowledges that a highway is a defined route over which the public can pass as frequently as they wish, without hindrance. Licences will only be granted where temporary and semi-permanent structures and furniture will not, in the opinion of the Council, cause an unreasonable obstruction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">An obstruction on the highway is not tolerated and is an offence under Section 137 of the Highways Act. Steps will be taken to remove any unauthorised object on the highway constituting an unreasonable obstruction.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Council only grants approval for the placement to occupy highways maintained at public expense and does facilitate any associated event.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">There are two application processes available to which this guidance applies:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Temporary structures &amp; street furniture on the highway:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Furniture or structures which are removed each day and are required for no longer than 5 days.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Temporary objects on the highway require 20 working days notice.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Semi permanent structures &amp; street furniture on the highway:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Furniture &amp; structures that are not easily removed (fixing items to the highway is not permitted)<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Furniture\/structures that are not used in connection with the consumption of food and drink, for example outside a salon<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Semi permanent applications require 3 months notice to process and carry out the consultation. A site visit will be undertaken as part of the assessment process.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Semi-permanent permission is valid for 2 years. Subsequent applications submitted before the expiry of the previous permission by the same holder, for the same premises and the same terms will be treated as renewals.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The above list is not exhaustive, and it is advisable to have an informal discussion with us prior to submitting an application to determine the suitability of an application. Please contact the Highway Services Team on 01392 385084 or by email to highwayapps@devon.gov.uk. for further advice.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Examples of street furniture subject to this guidance:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Furniture that is not easily removable and used in connection with the outdoor selling or consumption of food or drink, such as wooden picnic tables<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Planters<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Structures or objects such as gazebos*, stands or stalls that are not used in connection with the consumption of food or drink<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Furniture that is not used in connection with the consumption of food or drink, for example outside a salon<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">* Only one gazebo measuring 2 x 2 metres can be requested. Approving Officers can use their discretion to approve larger sizes if appropriate.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Street furniture to which this guidance does not apply:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Any structures subject to Business and Planning Act 2020 regime as defined by s. 1 of that Act: Furniture that is removable (moved easily), such as tables and chairs, and related to the serving, sale and consumption of food or drink. Please contact your District Council. for information.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Permanent fixed structures on the Highway. Please see our website for further information.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Skips, scaffolds, hoardings, Mobile Elevated Work Platforms (MEWPs), building materials, etc connected with carrying out works on the highway. These structures are subject to other permissions. For details, please see our \u201cmake a request\u201d webpage.<\/li>\n<\/ul>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>2. Legal considerations<\/summary>\n<p class=\"wp-block-paragraph\">The Council, in its capacity as Highways Authority, can provide permission for objects on the highway under Section 115E of the Highways Act 1980.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The area for any permission must be a \u201chighway\u201d as defined by Section 115A of the Highways Act 1980. A highway is any route where the public has the right to travel freely.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If it is not clear whether the land in question is a \u201chighway\u201d further information can be found on our Land Charges webpages or you can contact us for further advice. Applications relating to land that is not classed as a \u201chighway\u201d will be refused and may incur an administrative fee.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Permission will only be granted if all other consents have been granted first, from the relevant District, City, or Town Councils. The Council requires a signed declaration on the application form to this effect.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">These could include, but are not limited to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Street trading licence (England and Wales) &#8211; GOV.UK (www.gov.uk)&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Street collection licence (England &amp; Wales) &#8211; GOV.UK (www.gov.uk)&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Temporary Events Notice (England and Wales) &#8211; GOV.UK (www.gov.uk)&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Food business registration &#8211; GOV.UK (www.gov.uk)&nbsp;<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Any advertising consents<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The Council can request at any time that the item\/s is removed. Failure to comply with this request may constitute a criminal offence under by Section 137 of the Highways Act 1980.<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>3. Requirements, standards and layout<\/summary>\n<p class=\"wp-block-paragraph\">Before any application is made, the following issues must be considered:<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Space<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Each case will be determined on its own merits, with the overriding principle being that public safety is paramount. There must always be sufficient room for all highway users to safely use the highway considering fixed items like streetlight columns, waste bins, post boxes, parking meters, and other street furniture. Access to fire hydrants must also be maintained.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">A minimum clearance width of two metres must be maintained between the outer edge of any object and the edge of any vehicle-trafficked area or other defined carriageway. This is to allow safe movement for pedestrians, wheelchairs, mobility scooters, prams, and visually or physically impaired people. For pedestrian and\/or shared service areas, any object must be sited to provide sufficient width (using the above-stated clearance guidelines if applicable) for all users to pass freely.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Other Considerations<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The furniture or structure must not be pinned to the road but correctly weighted with approved weights.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The setup and removal must be considerate of traffic within the vicinity. In areas designated as &#8216;traffic sensitive,&#8217; the erection and dismantling of items must not be conducted during times of significant congestion and must be completed as quickly as possible. You may require a Temporary Traffic Regulation Order in some cases if a road closure is required to carry out these works.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The area must be always kept clean and litter free.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No parasols, umbrellas, or stalls from vehicle trailers are to be used as part of the approved structure or furniture. Accompanying stands or tables may be accepted.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Items should only remain on the highway for the times stated in the permission<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No advertising for other organisations is permitted.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No political parties will be given permission under this procedure.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No generators, patio heaters, or bubble-blowing machines will be permitted.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No flashing lights that are capable of distracting road users.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No angled guy ropes or other attachments that could be hazardous to pedestrians.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The furniture or structure should not cause danger or annoyance to any member of the public or occupier of adjoining property.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Neither the applicant, nor anyone associated with the permission, shall cause any obstruction either to members of the public or to private premises.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>No motor vehicle will be allowed to drive or stand on any footway or enter the pedestrianized area unless given prior permission.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>All vehicles must comply with any traffic order relevant to the location (for example pay and display).<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Any amplification shall be kept to a level sufficient to comply with the Council\u2019s Good Rule Government Byelaws and the Environmental Protection Act 1990 (as amended) and shall be adjusted in accordance with any requirement of an authorised officer of the Council or a police officer.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The furniture or structure must comply with the specific requirements outlined within this guidance, the standard conditions and any other reasonable conditions deemed necessary by the Council.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If it appears that there is a breach of the terms of the permission, the Council may take enforcement action.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Applicants must carry out a coordination check, if necessary, to see if the dates requested clash with any proposed works at or adjacent to the object location. This can be done at www.causeway.org.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Event \/ Activity Considerations<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If the application is part of an event\/activity<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Neither the applicant, nor anyone associated with the event\/activity, shall offer or expose for sale any goods without a street trading license or consent issued by the District Council in respect of street trading or a street collection, house-to house collection license, or public charitable permit issued by the District Council in respect of charitable collections or a pedlar\u2019s certificate (as the case may be).<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Neither the applicant, nor anyone associated with the event\/activity, shall collect any money for a charitable or other organisation without a street collection permit, house-to-house collection license, or charitable collection permit issued by the relevant District\/Town Council.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>All enquiries and complaints from the public will be directed to the applicant. Appropriate contact details should therefore be entered in the Council\u2019s online application form. Details of how this information may be shared can be found in our privacy statement.<\/li>\n<\/ul>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>4. Risk assessment and insurance requirements<\/summary>\n<p class=\"wp-block-paragraph\">By submitting the application, the applicant agrees to indemnify the Council against all actions, proceedings, claims, demands, and liabilities which may arise in consequence of placing the object on the highway and must provide evidence of Public Liability Insurance in the sum of at least \u00a35 million upon submission of an application.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">In addition, a risk assessment and photograph of the furniture\/structure used must be provided with the application. Any photographs provided must not be generic images. Please contact the Council if you wish to discuss acceptable requirements of the risk assessment.<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>5. Public sector equality duty<\/summary>\n<p class=\"wp-block-paragraph\">In considering any application, the Council will have due regard to the need to achieve the objectives set out under Section 149 of the Equality Act 2010, specifically their compliance with the duty imposed by Section 149(1) of the Act.<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>6. Fees and charges<\/summary>\n<p class=\"wp-block-paragraph\">Please refer to our latest <a href=\"https:\/\/www.devon.gov.uk\/finance-and-budget\/fees-and-charges\/\">fees and charges<\/a> published on the website.<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>7. Application process<\/summary>\n<p class=\"wp-block-paragraph\">Please read this guidance and our terms and conditions in full before applying. By submitting your application, you will be required to accept that this guidance and terms and conditions form a part of the licence granted by the Council. Applications that are received without the correct information may be refused and an administration fee may apply.<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Applications must be made using the Council\u2019s online form. Applicants who are unable to access the form should contact the Highway Services Team on 01392 385084.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>All fees must be paid upfront.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Applications must be accompanied by the following:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Evidence of public liability insurance<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>A photograph of the item\/s. Any photographs provided must not be generic images.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>A plan of the location detailing the position of the items<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>A declaration confirming that all other relevant licenses and necessary consents have been granted. The declaration forms part of the &#8211; online application.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Applications will be considered by the Council, and the applicant will be notified of the Council\u2019s decision via the applicant\u2019s email address. Any additional application-specific terms and conditions will be detailed in this notification.<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>8. Consents<\/summary>\n<p class=\"wp-block-paragraph\">Consent from neighbours (called frontagers)<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You must get consent from nearby property owners or occupiers (called frontagers) if you want to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Put a structure in front of, next to, or attached to a building, or on land between the building and the middle of the road<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Use a structure already placed by the Council to make money or to offer advice or information to the public<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Place something on, over, or in a footpath, bridleway, restricted byway or footway (unless there\u2019s a special traffic or pedestrian order in place) or in or over a walkway for the purpose of recreation or refreshment facilities (like seating or stalls)<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Frontagers are the owners or tenants or properties next to the part of the road or path where you want to place your structure or set up your facility.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Walkways created by agreement or law<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If the walkway was created through a legal agreement or a local law, you\u2019ll need permission from:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The owner or occupier of any property next to the walkway and<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The owner of the land under, over, or on which the walkway exists.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Upon receipt of your application, the Council will establish the status of the highway affected by your proposal and will advise you whether the above consent must be obtained prior to your application being considered further<\/p>\n<\/details>\n\n\n\n<details class=\"wp-block-details is-layout-flow wp-block-details-is-layout-flow\"><summary>9. Consultation<\/summary>\n<p class=\"wp-block-paragraph\">Public notice and consultation (semi permanent applications only)<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Before the Council can approve a request for semi-permanent structures or furniture, it must follow a legal process that includes publishing a public notice and allowing time for feedback.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The notice will detail the proposal and will give people at least 28 days to send comments or objections to the Council.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Council will send the Notice to the applicant, and owners and occupiers of nearby properties that may be affected. The applicant is responsible for clearly displaying the Notice at a conspicuous position at or near the location of the proposed furniture or structure. This must be done within the timeframe given by the Council. The applicant will be asked to provide photographs of the placement of the Notice.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Council may carry out checks to ensure that the Notice stays in place for the full consultation period.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Once the 28-day consultation period ends, the Council will review all feedback. If concerns are raised, the Council will work with the applicant to resolve them before making a decision.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The Council will also consult with any other Highway Authority, the Local Planning Authority and, if relevant, the British Railways Board.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Because this process is required by law, we can\u2019t guarantee that an application will be successful.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity is-style-wide\" \/>\n<\/details>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity is-style-wide\" \/>\n\n\n\n<div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\">\n<div class=\"wp-block-button is-style-dcc-back-button\"><a onclick=\"dataLayer.push({&apos;buttonEvent&apos;: &apos;Information page&apos;});\" class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.devon.gov.uk\/roads-and-transport\/temporary-furniture-on-the-public-highway-2\/\">Back to temporary furniture<\/a><\/div>\n<\/div>\n\n\n\n<div class=\"wp-block-buttons is-layout-flex wp-block-buttons-is-layout-flex\">\n<div class=\"wp-block-button is-style-dcc-back-button\"><a onclick=\"dataLayer.push({&apos;buttonEvent&apos;: &apos;Information page&apos;});\" class=\"wp-block-button__link wp-element-button\" href=\"https:\/\/www.devon.gov.uk\/roads-and-transport\/semi-permanent-furniture-on-the-highway\/\">Back to semi-permanent furniture<\/a><\/div>\n<\/div>\n\n\n\n<p class=\"wp-block-paragraph\"><\/p>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":162,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":"","_links_to":"","_links_to_target":""},"class_list":["post-27811","page","type-page","status-publish","hentry"],"acf":[],"publishpress_future_action":{"enabled":false,"date":"2026-09-18 02:08:34","action":"change-status","newStatus":"draft","terms":[],"taxonomy":"","extraData":[]},"publishpress_future_workflow_manual_trigger":{"enabledWorkflows":[]},"_links":{"self":[{"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/pages\/27811","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/users\/162"}],"replies":[{"embeddable":true,"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/comments?post=27811"}],"version-history":[{"count":5,"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/pages\/27811\/revisions"}],"predecessor-version":[{"id":27866,"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/pages\/27811\/revisions\/27866"}],"wp:attachment":[{"href":"https:\/\/www.devon.gov.uk\/roads-and-transport\/wp-json\/wp\/v2\/media?parent=27811"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}