Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, whether his Department has issued guidance on the application of pavement licence caps in the Levelling Up and Regeneration Act 2023 across highways maintainable at public expense regardless of the owning authority.

The Pavement Licence (Fees) Regulations 2023, made under the Business and Planning Act 2020, set national fee caps of £500 for new pavement licences and £350 for renewals. The guidance (Pavement licences: guidance - GOV.UK) sets out that licences can only be granted in respect of highways listed in section 115A(1) of the Highways Act 1980, that section does not refer to ownership. Generally, these are footpaths restricted to pedestrians or roads and places to which vehicle access is restricted or prohibited. Highways maintained by Network Rail or over the Crown land are exempt (so a licence cannot be granted).