legal, united-kingdom, advertisingMy startup is developing a product that needs to be placed on a pavement. Think of it as a bus stop.
What kind of authorizations do you think my company would need or what fees should I pay to the city?
EDIT
The product also need power supply and internet connection.
We’re based in London, UK.
##This is a complicated issue and you would be well-advised to consult a solicitor specialising in planning/construction law.##
If your product provides some sort of public service (whether as a shelter, or through the provision of information etc) then the simplest solution may be to sell or licence it to councils and leave them to worry about obtaining the necessary permissions.
Of course, that approach would likely reduce your gross profit. If instead you wish to install the items yourself, there are a number of things that you must consider:
Under section 143, you could be ordered (by Transport for London if on a red route, else the local borough council) to remove a structure from the public highway unless it was erected with statutory authority. The most appropriate source of such statutory authority will depend on exactly what your product does, but a permission from the council under section 115E is a likely candidate:
the council must first prominently advertise your application (including serving notice on anyone whose premises is likely to be materially affected) and consider all representations made to them (section 115G);
if the structure will either produce an income* or provide advice or information, consent must be obtained from the owners and occupiers of every premises directly in front of which it is to be sited—such consent must not be unreasonably withheld, although it may be subject to the payment of a reasonable sum (section 115J);
if the structure is to be sited on a walkway, then consent must similarly be obtained from the owners and occupiers of every materially affected premises that adjoins the walkway together with the owner of the underlying land; and
the council may attach such conditions as they see fit, which may include the payment to them of reasonable charges (section 115F).
You should contact the relevant council’s transportation department for further information on what detail they would require in an application and what conditions (including charges) they might wish to impose should it be successful.
* It may be worth noting that, if the structure will not produce an income but does provide some sort of public service, then the council would have been able to erect it themselves using a simpler procedure under section 115B.
Town and Country Planning Act 1990
Under section 57, planning permission is required to develop land. Developing land without planning permission could lead to the council requiring the land be restored to its state prior to the breach.
Under section 90, some types of development are deemed already to have permission. The Town and Country Planning (General Permitted Development) Order 1995 provides further details, although it is unlikely that you qualify—whereas, if the council were to erect the structures, they might under Schedule 3, Part 12.
It is likely that you will therefore have to apply to the council for planning permission, which must similarly be advertised with representations considered.
The Town and Country Planning (Control of Advertisements) Regulations 2007
Under regulation 4, displays of advertisements require planning consent from the council (or Secretary of State) unless it is deemed to have been granted under regulation 6 (e.g. it falls within Schedule 3, such as the Class 9 requirements for “advertisements on highway structures”). You are likely to obtain such permission together with that for developing the land, above.
Unauthorised display of an advertisement is an offence under the Town and Country Planning Act 1990; any person found guilty of such an offence is liable to a fine of up to £2,500 upon conviction in the Magistrates’ Court and up to £250/day should the offence continue after a first conviction.
London Local Authorities Act 1990
If the structure will “sell or expose or offer for sale any article” or “supply or offer to supply any service” for gain or reward, then you are probably required (under section 23) to obtain a street trading licence from the council. The fees for such licences (in addition to the application fee) varies from council to council (and indeed, within a borough, between specific sites and purposes), but indications for central London can be gleaned from Camden and Westminster.
Unlicensed trading is an offence under section 38; any person found guilty of such an offence is liable to a fine of up to £1,000 on conviction in the Magistrates’ Court.
I suggest you contact the licensing and planning departments at the relevant council(s) and begin a conversation: my experience has been that they are usually extremely helpful. If your idea is particularly innovative, you may wish to invite them (together with councillors, the mayor(s), etc) to a promotional event where your product and ideas can be demonstrated/presented.
As regards power, you might speak to energy companies about receiving an unmetered supply; and for Internet you may wish to consider something like BT Openreach Street Access (or possibly just use a standard wireless connection, e.g. LTE).
It’s costly, complicated and hard to scale (each city will have its own issues). Try to think how to use existing infrastructure and partner with them (bus stops, parking meters, city bike stations…)
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