If your construction project involves the use of tower cranes, the jib of which swings over neighbouring land or public highways, then it is likely you will need a crane oversail licence. The same applies to scaffolding, other construction equipment or any parts of the building that have the same effect.
In this article, our expert commercial property solicitors explain some of the practicalities behind oversail licences, covering the application process, likely timelines and associated costs. We also provide some practical tips for problem areas like what to do if your application is refused, how to appeal, and alternative arrangements.
Contents:
- Who is responsible for obtaining the oversail licence?
- How to apply for a crane oversail licence?
- How much does a crane oversail licence cost?
- How long does it take to get a crane oversail licence?
- What should I do if my application is refused?
- Can I appeal a decision if my application has been refused?
- Extending or renewing an oversail licence
- Summary
Who is responsible for obtaining the oversail licence?
This very much depends on the project at hand. In most cases, the obligation to obtain the licence will fall on the contractor, being the party who is responsible for the day-to-day operation of the tower crane and carrying out the works. In some cases, in the early stages of a project where the contractor is yet to be appointed, a developer may have already sourced agreements with the neighbouring properties. In this situation, the contractor when appointed will then enter into back-to-back obligations with the developer, either under the building contract or a standalone agreement.
How to apply for a crane oversail licence?
For oversail licences affecting private adjacent landowners, there is no formal process beyond contacting and negotiating the proposed licence with the affected party (usually in return for compensation). It is crucial that you seek legal advice to ensure the oversail licence terms are accurately recorded and protect your interests. If a tower crane needs to oversail public highways, the authority for which is also considered a landowner for these purposes, then you will need to apply to the relevant local council. Most councils have forms and guidance available on their websites to download or complete online.
You will typically need to provide supporting documents, such as a scale site location plan mapping out the swing radius of the tower crane, traffic management plans, crane specifications and public liability insurance certificates. You will also need to consider other licences required to enable the placement of the crane, for example, road closure to facilitate transportation, erection, dismantling and removal of the same, temporary traffic signals etc. Typically, a highway control officer, planning officer and/or neighbourhood safety officer will conduct a site visit as part of the process.
How much does a crane oversail licence cost?
The general costs of obtaining a crane licence from the council will vary depending on the location and size of the crane – typically between £100 to £500 for the initial period. For example, as of April 2024 Transport for London highway crane oversail licence fees start at £325 for the initial application granted for a four week period, and £123 for every additional four week period thereafter. West Sussex County Council on the other hand charges £451 for an initial license up to four weeks, plus £213 for each additional four-week extension. Some councils may also require you to pay a damage deposit to be held until after completion of the crane operations. These can run into tens of thousands of pounds, but they are fully refundable.
For private landowners, there is no specific formula for arriving at an acceptable licence fee, although caselaw suggests a reasonable starting point for avoiding trespass is £5,000. Negotiations may factor into account the impact of the crane on the landowner’s use and enjoyment of their property and the length of the permit. It is worth noting that the law does not look favourably on third parties who try to exploit their position and demand unreasonably high fees, almost like a ransom, in order to permit oversailing. In such cases, you can issue legal proceedings to obtain a ruling from the judge on the amount.
It is important to note that there will be separate legal fees to pay in addition to licence fees if using a solicitor. Many councils and adjoining landowners will require you to cover their legal costs and any associated fees (as well as your own) which can range anywhere between £1,000 - £3000 plus VAT where applicable.
How long does it take to get a crane oversail licence?
For oversail licences issued in respect of public highways, timeframes can vary from council to council. In general, it is recommended that you make an application a minimum of three months before the crane is due to be installed. With regards to getting crane licences agreed with adjoining landowners, it is prudent to approach well in advance. Landowners are under no obligation to consider your request, and depending on the surrounding density of the site location, the oversail might affect multiple properties. If agreed in principle, depending on the overall attitude of the adjoining landowner and the speed of negotiations, it can take anywhere from three to six months’ to finalise the written licence agreement. In addition, local authorities often request evidence of licences agreed with private property owners as part of their application process so it is important to get these in place as soon as possible.
What should I do if my application is refused?
Unfortunately obtaining an oversail licence is not always plain sailing. Adjoining landowners are under no obligation to consider or agree to a request. It is after all their private land (and airspace), so unless you are willing to come to some sort of compromise on their terms or can sway them with a competitive compensation offer – you may need to go back to the drawing board. Some adjoining landowners may request as a condition that their agreement is mutual to accommodate any of their own future development plans, for example, you would need to consent to oversail on your property when the time comes. A last but sometimes overlooked resort is offering to purchase a small strip of the neighbouring land where the oversail occurs, depending on the extent of the swing.
With regards to the local authority / public highway – their main concern is ensuring the safety of the public so if your crane operations do not meet their minimum safety requirements, your application is likely to be rejected. This could include concerns about the stability of the crane, potential for accidents, obstruction of emergency routes, significant disruption to traffic flow, pedestrian access etc.
You will always be provided a reason for the rejection, and it is possible to modify and resubmit your application to address the reasons. This might involve re-working your plans or dimensions to try to meet any requirements that fall short, re-routing pedestrian access or traffic management plans to reduce impact, re-visiting risk assessments or arranging additional facilities to minimise obstruction and interference. If you are still unsuccessful in getting through your application, other options to consider include:
Lodging a formal appeal
Developers and their contractors typically are given the right to appeal a refused crane oversail application, or if you object to any condition imposed on the licence by the local authority. It is wise to engage legal advice and assistance at this stage to determine the grounds for appeal and identify any supporting documentation to strengthen your case.
Alternative construction methods
Whilst the use of tower cranes are commonplace in construction, different types of cranes have emerged. A good example is the use of cranes with luffing-jibs. These enable a variable working radius through the use of jibs that tilt, avoiding the oversail. Whilst this might be a good solution, they are more costly to hire, you would need to factor in these costs into your overall budget. There are also other lifting methods such as mobile cranes or hoists that you may be able to use as a substitute, but it may not be appropriate for your project.
Can I appeal a decision if my application has been refused?
If your application has been refused, then it is possible in most cases to lodge an appeal. Appeals are usually made to the local magistrates court and must be made within 21 days of notification of the decision. You should gather any additional information, evidence, or documentation that supports your argument to try and overturn the decision. You can contact your local magistrates court to obtain a copy of their appeal notification form. There is usually an initial appeal hearing where the magistrates will determine whether to deal with the appeal themselves or to send it back to the licensing authority with court directions as to how to deal with it.
Before lodging the appeal, it is strongly recommended that you engage an expert solicitor to assess the merits of a potential appeal. You may need to obtain technical reports and/or expert opinions to help make your case. You would need to demonstrate that the council had erred in arriving at their decision to reject your application, whether procedurally or substantively, that they had unreasonably refused the licence, or that granting the licence would serve the public interest in such a way as to outweigh the concerns raised by the authority.
Extending or renewing an oversail licence
Crane licences are typically granted for a set period, and the relevant fee is payable. If you find that your project is likely to need longer, it is possible to approach the council to request an extension of the duration of your permit, or renewal of the licence. Renewal fees are usually less than the initial application / grant period, but again can range anywhere between £100 to £500 depending on the location.
Summary
Organising a crane oversail licence is an important component in construction projects that should not be overlooked. Mapping out affected adjoining landowners including public highways should be completed well in advance to address any potential problems and make adjustments so that your project remains on schedule. It is equally as important to factor in any associated licence fees, and legal fees into your budget. It is crucial to engage an expert legal team with experience in dealing with crane oversail licences to protect your interests in the agreement, and help navigate any challenges that may arise.
