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Licences for constructions over the highway

This page contains information about the construction of a building and the placement of apparatus over highways.

Construction of part of a building over the highway

The Highways Act 1980 - Section 177

If you want to construct part of a building over any part of the highway including the footpath (a good example is the walkway over the entrance to the Prince Bishop's multi-storey car park in Durham City) or simply a bay window for a residential property, you will need permission. This permission is in the form of a licence issued under Section 177 of the Highways Act 1980 to carry out works over the highway. A licence will be granted only if the situation doesn't interfere with or inconvenience people using the highway.

If you want to alter a building constructed over the highway, you will also need to apply to us for permission to carry out the work. A licence fee is payable.

Apparatus over the highway

The Highways Act 1980 - Section 178

If you would like to place a beam, rail, pipe, cable, wire or any other apparatus over, along or across the highway you should contact us as the Highway Authority to ask permission. You will need a licence issued under Section 178 of the Highways Act 1980. This would include, for example, hanging a cable from your house to a garage situated across the road. If you are in any doubt about fixing something above the public highway you should contact us for advice. A licence fee is charged.

You may also need a licence under S178 of the Highways Act 1980 to install CCTV cameras in the highway or to place a CCTV camera on a building that runs alongside the highway.

How to apply

To apply for any of these licences, please write to us. Your application should include:

  • details of the owner of the building
  • a description of the apparatus or construction over the highway
  • a plan of the proposed location of the apparatus or construction.
Contact us
Network Management
03000 267 100
Our address is:
  • Regeneration and Local Services
  • Durham County Council
  • County Hall
  • Durham
  • County Durham
  • United Kingdom
  • DH1 5UQ
0191 383 4128