Frequently asked questions about highways development control
Q. Do I need planning permission to create a vehicular access onto a public highway?
A. In general, if the adjacent highway is an unclassified highway, creating a vehicular access is permitted development. However, if for example you are within a conservation area or have a listed wall, you may need planning permission. For highways with a higher category than unclassified you most probably require planning permission. The local planning authority - usually your local district or borough council - can advise you on whether you need planning permission. There are links to district and borough council planning services on this page.
Q. Do I need permission from the Highway Authority to construct a vehicular access?
A. If the access crosses a verge or footway you will need an S184 crossing consent. You should contact the local divisional surveyor who can send you the necessary forms. To contact the divisional surveyors follow the link on this page. The contractor you use must have a public liability insurance of £5 million.
Q. Can you provide me with copies of Ordnance Survey plans?
A. The licence agreement we have with the Ordnance Survey does not allow us to give you copies from Ordnance Survey maps. You can buy Ordnance Survey plans from licensed retailers; to find out more visit the Ordnance Survey website by following the link on this page. If you require location plans for a planning application the local planning authority can provide you with copies. There is a nominal charge for this service.
Q. Is my street / road adopted?
A. The Highway Authority is obliged to keep a list of all public highways that it maintains. The list of streets can be viewed at the Shire Hall, where you can check to see if a street or road is adopted. For this we have an appointment system, please ring 01743 253193 should you wish to view the lists of streets. Please note we do not provide this information over the phone.
Q. Can you provide me with a plan showing the extent of the highway?
A. We can provide you with a plan showing the extent of the highway for which we make a charge of £57.50. Please note that unless we have specific information regarding the extent of the highway we cannot guarantee the accuracy of the information provided.
Q. Can you tell me who owns a parcel of land?
A. We can only tell you if the land is owned by the county council. To find out who owns land you should contact the Land Registry. Follow the link to the Land Registry website.
Q. Can you tell me if the foul sewer is adopted?
A. Foul sewers are maintained by the water companies and you should contact them. In Shropshire it will either be Welsh Water, Severn Trent Water or United Utilities.
Q. I have bought a house on a new estate and my road does not have a footway. The developer tells me that there is a grassed service margin strip. What is a grassed service margin strip?
A. The grassed service margin strip is normally 1.8 metre wide from the kerb line. An edging kerb delineates the service margin strip. The service strip forms part of the highway. In the service margin strips are the services to serve the houses. There will be electricity cable, telephone cables and gas pipes at varying depths. It is important for safety reasons to strictly control what happens in the service margin strips. You can maintain this strip as part of your garden, but only grass is allowed. You should not plant anything in this strip or build anything on it. In emergency situations the emergency services may also need to drive on the strip to gain access if the road is partly obstructed.
Q. My street sign is missing or damaged. Who do I need to contact?
A. You should report the problem to your local district or borough council.
Q. How do highways become public highways?
A. In brief, prior to 1835 a road became a highway by use and permission of the land owner. They were in those days roads maintainable by the inhabitants at large. In 1835 an act of parliament established the County Surveyor to maintain the public highways. From 1835 before a highway became maintainable at public expense the County Surveyor had to formally adopt the road. The current Highway Act dates from 1980, in which are powers used by highway authorities to adopt roads. For example, for new housing estates we normally adopt them by means of a Section 38 Agreement.
Q. There is a planning application near me which I am concerned about. Can I see the Highway Authority comments to the planning authority?
A. Our response to the local planning authority is open to public inspection. The local planning authority allows you to view the planning file and you should contact them to make an appointment to see the file.
Q. I am concerned that a planning application nearby will make the roads more dangerous. Who should I write to express my concerns?
A. As the local Highway Authority, the local district or borough councils seek our views on the highway safety implications of various planning applications. In responding to the borough or district councils we have to give a balanced, professional judgement that will stand up to scrutiny by professional experts in the event that the application goes to appeal. It is not our role to reflect local opinion. The planning system is designed for public opinion to be fed in by you and others. You and they are better placed to do this than we are, and at the end of the day it is for either the borough or district council, as the local planning authority, to consider all the evidence and representations before it. The borough or district council must then attach such weight as it considers appropriate to the various issues and make a decision on the planning application. You should therefore write to the local planning authority, but you can also send a copy to us. However, there are certain planning applications - for example waste and mineral site applications - that are dealt with by the county council and in such instances you should write to our Planning Development Control team. Follow the link called 'Shropshire County Council planning services' to find out more.
Q. Can I erect a sign on the highway?
A. Signs on the highway must meet strict criteria and be authorised by the Highway Authority. This is for highway safety reasons. No other signs are allowed on the highway. If you wish to ask for a sign on the public highway - for example, a brown tourist sign - please contact our Traffic Management section by following the link on this page.
