Scaffolding on the Public Highway: Local Authority Licences, Traffic Management and Lighting Requirements

Summary

In most UK building projects in urban areas, the scaffold will need to extend onto or over the public footway. The footway and carriageway are public highway — they are not the property of the building owner and cannot be used for scaffolding without permission from the Local Highway Authority (LHA).

The Section 169 licence (Highways Act 1980) is the standard mechanism for authorising temporary use of the highway for scaffolding. The application process varies between authorities, but most require submission of a site plan, method statement, and details of traffic management. The licence typically specifies exact conditions including lighting requirements, pedestrian protection, sheeting, and the duration of the permission.

Highway scaffold licences are enforced by the highways authority and by the police. Unlicensed scaffold on the highway is a criminal offence under the Highways Act 1980, with fines and potential liability for any damage or injury resulting from the obstruction. Understanding the licence process is essential for any scaffolding contractor working in urban areas.

Key Facts

• Section 169 licence — required before placing scaffold on any public highway (footway or carriageway)
• Highways Act 1980 — primary legislation; Section 169 covers scaffolding; Section 137 covers obstruction of the highway
• Local Highway Authority (LHA) — typically the district or borough council for local roads; Highways England / National Highways for trunk roads and motorways
• Application lead time — varies; typically 1–4 weeks; some authorities require longer notice especially in busy areas
• Licence fee — typically £200–£1,000+ depending on authority, size of scaffold, and duration; varies significantly
• Licence conditions — specify: dimensions, lighting, sheeting, pedestrian protection, hoardings, and exclusion zones
• Traffic Management Plan (TMP) — required if scaffold affects traffic lanes, parking, loading bays, or pedestrian flow
• Chapter 8 — Traffic Signs Manual Chapter 8 covers traffic management at works; applicable to highway scaffold
• LANTRA / NHSS 12A — traffic management training required for anyone placing signs or cones on the highway
• Lighting requirements — red warning lights at low level (foot height) on all protruding scaffold elements; white lights may be required in some conditions
• Public liability insurance — minimum £5m recommended; many authorities require evidence of insurance before issuing licence
• Indemnity to LHA — licence usually requires the scaffold contractor to indemnify the LHA against claims arising from the scaffold
• Emergency access — scaffold layout must not obstruct emergency vehicle access to properties

Quick Reference Table: Typical Licence Application Requirements

Detailed Guidance

Applying for a Section 169 Licence

Step 1: Identify the highway authority

• For local roads (footways and most residential/commercial streets): the district/borough council highways department
• For classified A-roads and above: may be the county council or combined authority
• For trunk roads and motorways: National Highways (formerly Highways England); different process applies
• In London: Transport for London (TfL) manages the TLRN (Transport for London Road Network); separate process via SketchUp or TfL's highway licensing portal

Step 2: Check the authority's process Most authorities have an online application form or downloadable form on their website. Application typically requires:

• Site address and duration of works
• Site plan showing existing layout, scaffold footprint, and pedestrian diversion
• Method statement
• Insurance certificate

Step 3: Submit application with all required documents Do not assume a licence will be issued automatically. Some locations — high streets, busy junctions, near bus stops or level crossings — are subject to additional restrictions and conditions. Start the application as early as possible.

Step 4: Receive and review licence conditions The licence will specify:

• Permitted scaffold footprint (dimensions)
• Required pedestrian protection (boards, fans, hoarding)
• Lighting requirements (type and position)
• Any requirements for TMP implementation
• Duration of permission
• Emergency contact requirements

Step 5: Comply with all conditions before erecting Do not start scaffold erection on the highway until the licence is in hand and all conditions are met.

Traffic Management for Highway Scaffolds

Where a scaffold affects the carriageway (road), temporary traffic management is required. This may involve:

• Chapter 8 works signs and cones — portable signs conforming to Traffic Signs Manual Chapter 8 (TSM 8); must be installed and maintained by LANTRA/NHSS 12A trained operatives
• Temporary signal control — traffic lights for narrow working areas; installed by qualified operatives
• Road closures — full or partial closures for scaffold erection/dismantling in particularly constrained situations; requires authority approval and often police notification
• Loading restrictions — if the scaffold removes loading bays or parking, alternative provision or notification may be required

The TMP must be produced by a suitably qualified person (typically a traffic management company) and approved by the LHA before implementation.

Even for footway-only scaffolds, consideration must be given to pedestrian diversion routes — the LHA licence conditions will specify how pedestrians must be protected and directed.

Pedestrian Protection Requirements

When scaffold occupies or narrows the footway, pedestrians must be protected and guided through a safe alternative route. Standard requirements:

• Covered walkway — a covered, illuminated walkway of minimum 1.0m clear width maintained for pedestrian through-traffic; many authorities require 1.5m or more
• Handrails — at both edges of the pedestrian corridor; particularly important for visually impaired users
• Lighting — the pedestrian walkway must be adequately lit at all times; this is especially important in darker winter months
• Tactile paving — required at entry/exit to delineate the pedestrian route for partially-sighted users (check LHA requirements)
• Step-free access — the alternative pedestrian route must be step-free; any ramped access must meet DDA/Equality Act requirements (maximum 1:12 gradient for ramps, preferred 1:20)

Some LHAs require the pedestrian walkway to meet the requirements of BS PD 6079-4 (Project Management — Guide to project management in the construction industry) or equivalent accessibility standards.

Lighting Requirements

Scaffold on the public highway must be lit to warn road users and pedestrians. Standard requirements:

• Red warning lights — at the foot of all scaffold tubes that project into or over the highway; typically 150–300mm above footway level, visible from both directions
• Side marking — on scaffold elements at vehicle height (approximately 600–800mm) facing oncoming traffic
• Hoarding lighting — hoardings must be illuminated at night; usually floodlighting on the scaffold face or street-level lights

Lights must be:

• Operational from dusk to dawn (or throughout darkness)
• Maintained and replaced as bulbs fail; battery-powered lights have limited life

Some LHAs specify LED amber or red flashing lights at vehicle height for carriageway adjacent scaffolds; check licence conditions.

Duration, Extensions, and Renewals

Scaffold licences are issued for a specific duration. Key points:

• Extensions — if the works take longer than planned, apply to extend the licence before it expires; working without a valid licence is an offence even if the original licence simply expired
• Extensions are not automatic — the LHA may attach new conditions to an extension, particularly if there have been complaints
• Renewal fees — most authorities charge for extensions; plan this into the project cost
• Surrender — when the scaffold is removed, notify the LHA so they can inspect the highway and confirm it has been left in good condition

The licence holder (usually the scaffolding contractor or building owner) is responsible for the condition of the highway surface under the scaffold footprint. Any damage caused during erection, use, or dismantling must be made good.

Special Locations Requiring Early Application

Some locations require longer lead times or have special restrictions:

• Bus stops and taxi ranks — removal or obstruction requires coordination with the transport authority and operators
• Level crossings — Network Rail involvement required; minimum 3 months notice in some cases
• TfL Red Routes (London) — any works on TfL-designated Red Routes require TfL approval; strict conditions apply
• Conservation areas and listed streets — additional conditions on scaffold appearance (see scaffold around listed buildings)
• Town centre pedestrian zones — may have access restrictions for delivery vehicles and scaffold lorries

Frequently Asked Questions

Do I need a licence if the scaffold is entirely on private land?

No. Section 169 applies specifically to the public highway. If the scaffold is entirely within the building's curtilage (the private land owned by the building owner), no highway licence is required. However, if any part of the scaffold extends over or onto the footway, the licence is required — even a projecting tube end or overhang.

Can I erect scaffold on the highway before receiving the licence?

No. Erecting scaffold on the highway without a valid licence is a criminal offence under the Highways Act 1980 and can result in fines, enforcement action requiring immediate removal, and liability for any incident occurring during the unlicensed period. Always obtain the licence before starting.

Who is responsible if a pedestrian is injured due to the scaffold on the highway?

The licence holder (typically the scaffold contractor and/or building owner) is responsible for the scaffold during the licence period. Public liability insurance covers claims from third parties injured by the scaffold. The LHA is not responsible for incidents that occur because the scaffold contractor has not complied with the licence conditions.

What is the Chapter 8 qualification and who needs it?

Chapter 8 refers to Traffic Signs Manual Chapter 8 (Traffic Safety Measures and Signs for Road Works and Temporary Situations). Operatives who place or remove signs, cones, and barriers on the highway must hold a LANTRA/NHSS 12A (or equivalent) traffic management qualification. This applies to scaffold contractors' staff who are setting up or removing coning for scaffold lorry deliveries on the highway — not just dedicated traffic management operatives.

Regulations & Standards

• Highways Act 1980 — Section 169: scaffolding on the highway licence requirement; Section 137: obstruction of the highway

• Traffic Management Act 2004 — traffic management framework; S59 utility coordination

• Traffic Signs Manual Chapter 8 (DfT) — traffic management signs and signals for road works

• New Roads and Street Works Act 1991 — relevant for utility coordination on highway works

• Work at Height Regulations 2005 (SI 2005/735) — scaffold safety; applies equally to highway scaffolds

• Equality Act 2010 — accessible pedestrian routes; step-free access requirements

• Highways Act 1980 — legislation.gov.uk — Section 169 full text

• Traffic Signs Manual Chapter 8 — DfT — Chapter 8 guidance

• LANTRA Awards — Traffic Management — NHSS 12A qualification

• scaffold edge protection — pedestrian protection fans and brick guards

• scaffolding near overhead lines — overhead line risks often coincide with highway scaffolds

• scaffold around listed buildings — additional restrictions in conservation areas

• scaffold inspection records — inspection documentation including highway scaffold