Licences to Cross Council Land - FAQs

The Council owns and manages many different types of land asset across the district.
There are situations where land is not held as public open space or has restrictions on
certain types of use, therefore use by the public requires permission from the Council
as landowner.

Licences are provided by the Council, as landowner, which permit a licensee to use
the land for a specific use. Licences are issued for a range of different activities
including but not limited to crossing over, parking, cultivation, scaffolding, filming, and
fitness activities.

Specifically, Licences to Cross give permission to cross Council land for the purpose
of gaining access to adjoining land or property. This access might be pedestrian,
vehicular or both. The terms of each licence agreement are specific to the individual
circumstances and the location. The terms therefore require negotiation rather than
something that can simply be issued as a standard document.

The licences are legal documents which enable the licensor to permit the use of their
land under a clear set of terms and conditions. This protects both the licensee and the
licensor. Their use is an important part of property management, and the use of such
licence agreements is considered best practice.

There is generally an annual licence fee. The amount depends on the type of licence
and what the licence covers.

The fee is an acknowledgment that the licensee has been granted permission to use
the land and is also a contribution towards the Council’s costs associated with granting
and administering the permission.

Please note that the fee in relation to these agreements only relates to the
administration of the licence and the permission it grants. It is not a contribution
towards the maintenance of the land and the terms of the agreements make it clear a
separate fee could be charged as a contribution towards maintenance.

The licence fee relates to the specific permissions provided by the Council, via the
licence, to an individual. Licensees make a voluntary decision to enter into such
agreements. It is reasonable for the Council to apply a fee to the transaction. It would
not be reasonable for the Council to provide this service to individuals for free or via
Council tax.

The current fees have not changed for some time, in some cases, decades.

The Council has reviewed the fees we charge for different types of property licences,
this included a comparison against what other Local Authorities charge for similar
agreements. Following this review, we have now set a minimum fee for these
agreements. The fee for new applicants was increased in 2023 and now applies to
renewals.

Please note the licences do make it clear the fee is subject to review and and this is
something licensees therefore agreed to when entering into the agreement.

Licences of this nature are entered into voluntarily and licensees are free to terminate
their agreement. This would mean crossing the land would need to cease and if there
is a physical access, such as a gate, at the boundary of the Council’s land, this would
need to be closed off. For example, a gate would need to be replaced with a fence
panel.

If you do wish to cease your agreement, please advise us in writing or email via
estates@stalbans.gov.uk

No. All licences are personal and cannot be transferred to someone else. If a licence
is linked to a property and that property is sold, the licence would need to be
terminated. Licensees should advise their solicitor of any existing licences so that this
information can be disclosed to prospective purchasers. If a new owner of a property
wishes to retain access over the Council’s land, they would be required to apply for a
new licence.

Inspections and monitoring take place. If we become aware that an area is being
crossed or used without permission, we will investigate this and if required, take
appropriate action in order to protect the Council’s position as landowner. The Council has a duty to ensure unauthorised use of its land does not take place. If you have any
concerns with misuse, please email estates@stalbans.gov.uk

If you have a concern about the condition of an accessway over which you have a
licence to cross then please report this via your My St Albans Account. This will ensure
that your concern is logged as a case and directed most efficiently to the appropriate
team.