AGENDA ITEM NO 9

CHEADLE AREA COMMITTEE

Date: 19th April 2016
Flower Bed - Platt Street/Jackson Street, Cheadle
Report of the Corporate Director for Place Management and Regeneration
1.0

PURPOSE OF THE REPORT

1.1

To update Cheadle Area Committee on the current position of a plot of land

on Platt Street at the junction of Jackson Street, Cheadle, to outline the
responsibility the Council has regarding this land and to seek comments from
this Area Committee.

2.0

BACKGROUND

2.1

The Council is committed to involving communities in making Stockport an

attractive place where people want to live. The Council values community
volunteering and already works with many groups across the borough,
particularly in Parks and open greenspaces.

2.2

The Council recognises the importance of local people being able to influence
decisions affecting their area; this report outlines the Councils offer of support
to enable local residents to continue taking an active part in looking after this
plot of land.

2.3

When the Council received a complaint regarding the installation of the flag
pole at the site on Platt Street / Jackson Street it carried out a site inspection.
As a result, the Council were made aware that local residents have been
looking after the shrub bed for a number of years. The Council looked at the
site in two elements, the maintenance of the shrub and the installation of the
flagpole. Local residents were advised that:

They must apply for a license to cultivate in order to continue maintaining

the shrub bed. An application form was provided. Please see below for
further details.
The Council intended to remove the flag pole on the grounds of safety.
The Statutory Undertakers Maps show a gas main directly underneath the
shrub bed and the Council is not able to confirm the safe installation of this
flag pole and cannot be sure that the installation is to a standard
acceptable for highways street furniture. Currently the flagpole remains in
situ pending further investigations, including inquiries with the statutory
undertakers and the comments from this Area Committee.

3.0

INSTALLATION OF FLAGPOLES ON THE HIGHWAY

3.1

The Council is allowed to place flagpoles on the highway and is allowed to

give permission to others to do the same only in limited circumstances. The
Director of Place must be satisfied that the erection of the flagpole enhances

the amenity of the highway or its immediate surroundings alternatively that it

provides a service for the benefit of the public or a section of the public. The
Council is not allowed to permit the erection of anything on the highway that
prevents statutory undertakers from having access to their apparatus under
the highway. If the Council allows the erection of an item on the highway it
may also require a payment for ongoing maintenance of the flagpole. If it does
not do this, then Council will be obliged to pay for any such maintenance.
3.2

The Council are keen to help resolve this matter and to support local
community efforts if they wish to maintain this area. At the moment it is not
clear that the flagpole in its current position enhances the amenity of the
highway. This will in part depend on whether the flagpole has been erected
without harm to the gas main located below the flower bed whether it has
been safely installed, whether the statutory undertakers will be able to
continue to access the gas main for maintenance and repair and whether it
will be maintained in a safe condition.

3.3

The Council is not allowed to give permission for the erection of the flagpole
unless they have published notice about the proposal, allowed 28 days for
consultation responses and considered those responses.

3.4

The installation (permissions, standard of construction, ongoing maintenance

etc.) of the flag pole will need to be considered by the Director of Place in the
light of further information to address the issues set out above and in the light
of the comments of the Area Committee.

3.5

The Council have a Flag Flying Policy which relates to the Town Hall Building
only. However, the principles within this Policy could be considered by the
local residents depending on the outcome of further discussion.

3.6

If it is considered by the Director of Place that the grounds for allowing the
flagpole are not met, the Council is willing to assist in the re-location of the
flag pole to a suitable location that is not Council maintained if the local
resident can suggest some alternative sites

4.0

LICENCE TO CULTIVATE

4.1

Stockport Metropolitan Borough Council, as Highway Authority, may grant

Licences under Section 142 of the Highways Act 1980, which permit only the
occupier or the owner of premises adjoining the highway to either plant, retain
or maintain trees, shrubs, plants or grass in such part of the highway. The
Council is required to attach conditions to the licence including conditions to
ensure that where the licence holder no longer owns the adjacent land, the
Council is informed, to prevent nuisance or obstruction of the highway and to
protect the equipment of statutory undertakers.

4.2

A copy of such a licence is included as appendix 1 to this note.

4.3

The Council will review the Licence to Cultivate application as soon as it is

received in order to resolve this element of the matter as soon as possible.

5.0

LEGAL STATUS OF THE LAND

5.1

The land is adopted highway maintainable at public expense. The area is

shown below, adjacent to 37 Jackson Street:

5.2

The Councils responsibility for maintenance of adopted highway is detailed in

the Highways Act 1980. When resolving highways queries, the Council must
comply with the statutory obligations placed upon it by legislation as outlined
above

6.0

EXCAVATION OF THE HIGHWAY

6.1

It is an offence for anyone without the correct permissions to interfere with the
highway.

7.0

CONCLUSION

7.1

The Area Committee are asked to comment on this matter.

BACKGROUND PAPERS
Flag Flying Policy FLAG FLYING AT STOCKPORT TOWN HALL 2007
Anyone wishing to inspect the above background papers or requiring further
information should contact Johanna Smith on 0161 474 4896 or by email on
johanna.smith@stockport.gov.uk

Appendix 1 Licence to Cultivate

Highways Act 1980 Section 142

Application for a licence to cultivate/mow part of the public highway
PART 1 Applicant Details
(Please enter the details of the person applying for the issue of a Licence).
Name
Address
. Postal Code .
Telephone No. e-mail
PART 2 Licence Details
(please enter the details of the person or company to whom the licence is to be
issued)
Person/Company Name (This must be the owner or occupier of the premises adjoining the
part of the public highway to be cultivated)

Address / Registered Office

. Postal Code .
Company No. (if applicable)
Period of Licence (5 or 10 years only) .
Assignment of Licence (Please tick one box only)
Is the Licence to be granted to the applicant only and not transferable.
OR
Will the Licence transfer to any successors, in title, of the premises.
Description of public highway to be cultivated (You must include a plan, scale 1:1250, on
which the precise location of the area of highway to be cultivated is clearly stated and
identified by shading)

PART 3 Notes to Applicant

1. The applicant must enclose with this application proof that the person/company in PART 2
holds Public Liability Insurance of not less than 5 million.
2. The applicant must ensure that they have read and understand the conditions overleaf
and ensure that the person/company in PART 2 understands that they must comply with
them.
3. A fee, payable prior to issue of the licence, is charged for the grant and administration of
the licence.
4. No refunds shall be given for a withdrawn licence.
I hereby apply for a Licence to cultivate/mow part of the public highway (as indicated
on the plan attached) subject to the conditions contained in this application and/or
any special condition inserted into the Licence as required by Stockport Metropolitan
Borough Council as the Highway Authority.
Signature of Applicant (By completing and signing this application you are asserting that
you have authority to act on behalf of the person/company in
PART 2 and that you have read and understood the conditions overleaf)
Date

Please return the completed form to Stockport Metropolitan Borough Council, Public
Realm Service, Enterprise House c/o Stopford House, Piccadilly, Stockport SK1 3XE

Conditions of Licence made under Section 142 of the Highways Act 1980
1. Stockport Metropolitan Borough Council, as Highway Authority, may grant Licences under
Section 142 of the Highways Act 1980, which permits only the occupier or the owner of
premises adjoining the highway to either plant, retain or maintain trees, shrubs, plants or
grass in such part of the highway.
2. Stockport Metropolitan Borough Council, as Highway Authority, may grant a Licence
under section 142 of the Highway Act 1980:
(a) to the person who at the time of the grant is the occupier of such premises and
insert in the Licence provisions prohibiting assignment of the Licence and
providing for its duration or
(b) to the owner/occupier of such premises and any successors in title and insert in
the Licence provisions providing for the Licence to be annexed to those premises
and providing for its duration
3. No person shall plant, retain or maintain trees, shrubs, plants or grass in such part of the
highway otherwise than in accordance with the terms and conditions of this Licence.
4. The Licensee must inform the Highway Authority within one month in the event of a
change in ownership of the premises.
5. Stockport Metropolitan Borough Council, as Highway Authority, may attach to any such
Licence such conditions as considered necessary to ensure the safety and convenience
of users of the highway and to prevent traffic being delayed, to prevent any obstruction
and to protect the apparatus of statutory undertakers, sewerage undertakers and
telecommunications undertakers.
6. Stockport Metropolitan Borough Council, as Highway Authority, may by notice served on
the Licensee withdraw a Licence granted:
(a) on the expiration of any such period as specified in the notice, not being a period
of not less that 7 days beginning with the date of service of the notice on the
Licensee, if any such condition of the Licence is contravened by the Licensee;
(b) on the expiration of such period as may be so specified, being a period of not less
than 3 months beginning with the said date, if the Highway Authority consider the
withdrawal of the Licence is necessary for the purpose of the exercise of their
functions as a Highway Authority.
7. Where a Licence expires, is withdrawn or surrendered, Stockport Metropolitan Borough
Council, as Highway Authority, may
(a) remove all or any of the trees, shrubs, plants or grass to which the Licence relates
and reinstate the highway and may recover expenses reasonably incurred by
them in so doing from the last Licensee; or
(b) if satisfied that the Last Licensee can, within such reasonable time as the
Highway Authority may specify, remove such trees, shrubs, plants, or grass, or

such of the them as they may specify and reinstate the highway, may authorise
him to do so at his own expense.
The Last Licensee means the person who immediately before the expiration,
withdrawal or surrender of the Licence was the Licensee or, if that person has
died, his personal representatives.
8. The Licensee or the Last Licensee shall indemnify Stockport Metropolitan Borough
Council, as Highway Authority, in respect of any Third Party claims or demands, in
respect of injury, damage or loss arising out of:
(a) the planting or presence, in a highway of trees, shrubs, plants or grass to which
the highway relates, or
(b) the execution by any person of any works authorised by the Licence or by the
Highway Authority as mentioned above in (6), or
(c) the execution by or on behalf of the Highway Authority of any works under
subsection as mentioned above in (6).
9. Except where agreed as part of the Licence no part of the highway may be closed, AT
ANY TIME, without the consent of the Highway Authority.
10. No tree, shrub or plant to which the Licence relates must be of a poisonous nature, or is
likely to constitute a danger to persons or animals on the highway to be planted.
11. All trees, shrubs, plants or grass to which the Licence relates shall be properly cut,
pruned and trimmed at all times during the continuance of the Licence and no such tree,
shrub, plant be allowed to obstruct, overhang, or interfere in any way with, or become a
danger to the passage along the carriageway or footway, or to overhang the premises of
any person other than the Licensee.
12. Should any tree, shrub, plant or grass to which this licence relates not be properly cut,
pruned, trimmed and maintained to Stockport Metropolitan Borough Council satisfaction,
the Council shall revoke the licence and maintain the land referred to in this licence
thereafter.
13. The Licensee shall keep the part of the highway to which the Licence relates in a trim
and tidy condition and all grass shall be regularly cut or mown.
14. The Licensee shall not remove any soil or material from any part of the public highway or
otherwise do anything that would interfere with the support given to the rest of the
highway.
15. Persons authorised by the Highway Authority or any Statutory Undertaker, Sewerage
Undertaker or Telecommunications Undertaker may at any time enter the part of the
highway to which the Licence relates in order to carry out Authorised Works.
16. All works relating to the Licence must be carried out under the surveillance of the
Highway Authority.

17. A fee is charged in respect of legal and other expenses incurred in connection with the
grant of a Licence and this fee includes an annual charge for administrating the Licence
during its term.
18. All applicants will be notified of any fees before entering into the Licence.
19. Providing an application to renew an existing Licence, on its current terms, is received
within 28 days of the expiry of its term then a renewal fee will be charged and the
renewed Licence will commence from the day after the expiry of the previous Licence,
applications received outside of this 28 day period will otherwise incur the standard
charge in force at the time for granting a new Licence.
Please return the completed form to Stockport Metropolitan Borough Council, Public
Realm Service, Enterprise House c/o Stopford House, Piccadilly, Stockport SK1 3XE