Under Section 85 of the Roads (Scotland) Act 1984, it is an offence to deposit a builders skip on any road without permission of the Roads Authority. It should be noted that the terms 'road' encompasses the carriageway, footway and/or verge of any road and any remote public footpaths or cycle track.
Anyone wishing to hire a skip should apply for Permission to Deposit a Builders Skip on a Road.
This involves the submission of three sets of paper copies of a location plan, to a scale of not less than 1:1250. These must be submitted at least seven days in advance of the required siting date, along with the a completed application form, to:
Director of Corporate & Commercial Services
Estate Management
Headquarters
Earls Road
Grangemouth
FK3 8XB
Telephone enquiries can be made by calling 01324 504600.
Points to note
The applicant's attention is drawn to the following:
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Section 85 (1), (2), (5) of the Roads (Scotland) Act 1984 empowers the local Roads Authority to impose conditions to its permission relating in particular to the siting and lighting of the skip, the care and contents of the skip and the removal of the skip at the end of the period of the permission. Section 85 (3) makes it an offence to use a skip in contravention of the Act and specifies a fine not exceeding £400.
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Section 86 of the Roads (Scotland) Act 1984 empowers a police officer to have removed or repositioned any builder's skip which is causing or likely to cause a danger or obstruction irrespective of permission being granted under Section 85 and empowers the Roads Authority to remove or reposition a builder's skip where there is a contravention of a condition attached to permission, and in each case any reasonable costs incurred may be recovered from the owner. Failure to comply with a request to remove or reposition a skip may result in a fine not exceeding £100.
The minimum conditions attached to any permission granted are printed on the application form.
Check list
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Have you read and understood all the notes?
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Have you completed all of the form?
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Have you included three copies of all drawings?
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Any enquiries please phone 01324 504600.
Standard conditions
There are some standard conditions that are relative to any permission granted for a Skip Permit.
Owners conditions
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Any skip used must be clearly and indelibly marked with the owner's name and telephone number or address.
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Each end of every builder's skip shall be marked to conform with the Builder's Skips (Markings) (Scotland) Regulations 1986.
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Each skip shall be deposited on the carriageway (as shown on the approved plan) and shall be positioned so that it's longer sides are parallel to the edge of the carriageway and as near to the edge of the carriageway as is reasonably practicable but so that it does not impede the surface water drainage of the road nor obstruct access to any manhole or the apparatus of any statutory undertaker of the Falkirk Council.
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When more than one skip is on the road at any one time, the skips shall be positioned as closely as possible to each other, but not so as to obstruct access to any premises unless the consent of the occupier of those premises has been obtained.
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Each skip shall not exceed 5 metres in length by 2 metres in width.
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All materials placed in each skip shall be properly disposed of and the road where the skip or skips have been deposited shall be left in a clean and tidy condition on the expiration of this permission. Any damage to the road arising from the placing or uplifting of a skip will be made good by Falkirk Council, Corporate & Commercial Services and the costs incurred recovered from the skip owner.
Hirer's conditions
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Each skip shall be guarded by at least 3 traffic cones placed on the carriageway in an oblique line on the approach side of the skip. (Where 2 or more skips are deposited in a row, so that the distance between adjacent skips does not exceed 2 metres, the row shall be guarded as if it were one skip).
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At night (i.e. between half-an-hour after sunset and half-an-hour before sunrise) a lamp shall be placed against or attached to each corner of the skip or the end corners of the row of skips where 2 or more skips are deposited in a row and the distance between adjacent skips does not exceed 2 metres and a lamp shall also be placed between each cone. Lamps shall comply with the Traffic Signs Regulations and General Directions.
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No skip, when standing on the road, shall contain any inflammable explosive, noxious or dangerous material or any material which is likely to putrefy or which otherwise is, or is likely to become, a nuisance to users of the road.
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No skip shall be used in such a way that any of its contents fall onto the road or that there is an escape of dust from the contents of the skip when standing on the road.
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Each skip shall be removed from emptying as soon as practicable and in any case not late than 2 working days after it has been filled.
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No skip shall remain on the road pursuant to this permission after the period of this permission specified has expired unless written approval for an extension is given.
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Falkirk Council shall be indemnified against any liability, loss, claim or proceeding whatsoever arising in respect of the placing and maintenance of a skip on the road or its removal.