Public Monuments within the Highway

Northamptonshire County Council recognises the public need for the erection of selective monuments to be located within the limits of the highway such as an area of grass verge. 

Approval to place public monuments within the highway can be granted by Northamptonshire County Council, as the highway authority, under the Public Health Acts of 1980. This would be subject to the following conditions:

• Location agreed by Northamptonshire County Council.
  
  
• Planning consent is granted by the Local Planning Authority for the monument.
  
  
• The applicant agrees to indemnify Northamptonshire County Council against any claims whatsoever arising from the placing or the presence of the monument within the highway. The minimum amount of public liability insurance shall be £5million in respect of any one incident.
  
  
• All utility companies shall be contacted to ascertain whether they have any equipment in, on or over the land in question, in accordance with Section 79 of the New Roads and Street Works Act 1991.
  
  
• Any adjoining landowners shall be consulted to ensure that there are no objections to the proposals, and their written agreement shall be obtained.
  
  
• The monument shall be maintained in perpetuity by the applicant.
  
  
• The contractor undertaking the works must be approved.
  
  
• Northamptonshire County Council reserves the right to request the removal of the monument for any purpose concerning the maintenance or improvement of the highway, at their cost.
  
  
• Northamptonshire County Council reserves the right to request the removal of the memorial if it falls into disrepair, at the cost of the applicant.

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In the case of War Memorials reference should be made to the Home Office publication "War Memorials: A Code of Practice for Custodians"

In the case of Ancient Monuments reference should be made to English Heritage who keep a register for Scheduled Monuments.

Relevant Legislation and Documentation

1. The provisions of the Public Health Acts 1980 Section 42
   
2. The War Memorials (Local Authorities' Powers) Act 1923
   
3. War Memorials: A Code of Practice for Custodians, Home Office
   

Personal Memorials

It is increasingly common for families and friends to place memorials on the highway in memory of loved ones who have died in road accidents. The County Council recognises and respects the wish of the bereaved to mark road deaths in this way but has a duty to keep the public highway safe. The County Council therefore has to balance the wishes of the bereaved with public safety. The distraction of motorists and the safety of those placing or maintaining memorials are the overriding safety issues in the consideration of road side memorials.

Not-withstanding the above, a number of Highway Authorities have been criticised in the media for insensitive intervention and handling of the situation by insisting that all types of memorials are removed after a short time.

Low key memorials such as the discrete placing of small floral tribute at certain times of the year and for limited durations at the roadside may be acceptable provided there is no significant risk of driver distraction or undue risk to the individual visiting the location. Any items should be placed clear of any locations where highway maintenance is likely to be undertaken, eg grass cutting.  They should also be placed away from locations that are hazardous to access, such as carriageway central reservations and busy roundabout central islands.

Permanent Monuments or shrines will be not allowed on the highway and will be removed on safety grounds.

For further information on the use of monuments on the highway please use the contact details provided.