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Highways Act 1980 - Section 139


Regulations Relating to the Depositing of a Builder's Skip on a Highway

The Tameside Metropolitan Borough Council (“the Council”) in exercise of their powers, under Section 139 of the Highways Act 1980 HEREBY GRANT you permission to deposit a builder’s skip on a highway within its boundaries, subject to the provision that application is made and permission is granted through the Central Register procedure and subject to the conditions contained in the Schedule below.

Schedule

  1. Each skip shall be clearly and indelibly marked with the owner’s name and with their telephone number.
  2. Each skip shall be deposited on the carriageway only, unless authorised by an Officer of the Council to be placed elsewhere, and shall be positioned so that its longer sides are parallel to the edge of the carriageway and as near to the edge of the carriageway as is reasonably practicable, and so that it does not impede the surface water drainage of the highway nor obstruct access to any manhole or apparatus of any statutory undertaker or the Council.
  3. The permit holder must implement any measures that the Council or statutory undertaker reasonably requests for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by them.
  4. The permit holder is responsible for contacting statutory undertakers to establish whether or not their apparatus may be affected by the placing of the skip.
  5. The skip company must hold a Waste Carrier Permit from the Environment Agency and the skip and its contents shall be deposited, maintained and removed by suitably qualified personnel.
  6. Where a maximum of two skips is on the highway at any one time, the skips shall be positioned as closely as possible to each other, but not so as to obstruct access to any premises unless the consent of the occupier of those premises has been obtained.
  7. Each skip shall not exceed 5 metres in length by 2 metres in width.
  8. Each skip or group of skips shall while on the highway be marked, guarded and lit in accordance with the following requirements:

    a. Each skip shall be guarded by at least three traffic cones placed on the carriageway in an oblique line on the approach side of the skip. Where two or more skips are deposited in a row, so that the distance between adjacent skips does not exceed 2 metres, the row shall be guarded as if it were one skip.

    b. At night (that is to say between half-an-hour after sunset and half -an-hour before sunrise). A road danger lamp shall be placed against or attached to each corner of the skip or the end corners of the row of skips where two or more skips are deposited in a row and the distance between adjacent skips does not exceed 2 metres, and shall also be placed between each cone and the next.

    c. The ends of each skip, that is to say the sides of the skip facing traffic in both directions, shall be painted yellow and shall be fitted with vertical red and yellow fluorescent reflective markings on each end. The markings must comply with the Builders’ Skips (Markings) Regulations 1984 and British Standard BS AU152:1970. The painting and markings shall at all times be kept clean.
  9. No skip when standing in the highway, shall contain any inflammable, explosive, noxious or dangerous material or any material which is likely to putrefy or which otherwise is, or is likely to become a nuisance to users of the highway.
  10. No skip shall be used in such a way that any of its contents fall on to the highway, or that there is an escape of dust from the contents of the skip when standing in the highway.
  11. Each skip shall be removed for emptying as soon as practicable and in any case not later than two working days after it has been filled.
  12. No skip shall be on the highway outside the period of permission specified in the Central Register.
  13. All materials placed in each skip shall be properly disposed of and the highway where the skip or skips have been deposited shall be left in a clean and tidy condition on the expiration of this permission.
  14. No skip shall be positioned less than 15m from a junction unless authorised by an Officer of the Council.
  15. The Council reserves the right to specify any other relevant conditions relating to the placement of a skip which will form part of these Regulations.
  16. At the time of application to deposit a skip(s) on the highway the questions as detailed in Figure 2 must be answered in every respect.
  17. You must indemnify the Council and insure and keep insured against any claims however caused or arising made in respect of the depositing of skips on the highway.
  18. Never place skips against a building. Ensure that the skip is a safe distance away from the building to prevent fire hazards.
  19. The skip and the siting of the skip shall comply with the requirements of the Highways Act 1980 section 139 and the Builders' Skips (Markings) Regulations 1984 The skip shall not be deposited:
    - On the brow of a hill or in a hidden dip
    - On a bend within 15 metres of a road junction
    - Within 25 metres of a signal controlled road junction
    - On a Trunk or Principal Road
    - On a street less than 4.5 metres wide
    - On a road where there are double white lines
    - Within the controlled area of a pedestrian crossing
    - On yellow zigzag markings in front of schools, ambulance or fire stations
    - Where there are parking restriction in a traffic restricted area
  20. The Council reserves the right to revoke the permit at any time.

Skip Permits

Is the skip to be sited:

On  a road where there are double yellow lines

Yes

 

No

 

Within 25m of traffic signals

Yes

 

No

 

Within 15m of a road junction

Yes

 

No

 

In the controlled area of a pedestrian crossing

Yes

 

No

 

On the brow of a hill

Yes

 

No

 

On the yellow zig-zag in front of a school, ambulance or fire station

Yes

 

No

 

At a bus stop

Yes

 

No

 

On a trunk road

Yes

 

No

 

Where there is a parking restriction

Yes

 

No

 

Where a road is less than 4 ½ metres wide

Yes

 

No

 

On a bend

Yes

 

No

 

If you answer yes to any of the above further consideration must be given to the suitability if the location & approval must be sought from TMBC. 

Subject to the above the following conditions may be included on your permit:-
Off peak only 9.30am-6.00pm / Mini Skip Only / Any other condition TMBC may impose

Page last updated: 31 March 2015