Planter on Pavement – legal stuff

Here’s a guide

1️⃣ Who Owns the Land?

First question: is it public road/pavement, council-owned open space, or private land?

In most shopping streets (like St John’s Road), the pavement is part of the public road and managed by the City of Edinburgh Council (usually through Roads & Transport)

If it’s a park, it’s normally under the council’s Parks & Greenspace team. If it’s outside a shop, it might still be council pavement — not the shop’s.

2️⃣ Permission Is Normally Required

Placing planters in the public realm without permission can technically count as:

  • Obstruction of the highway (Roads (Scotland) Act 1984)
  • A public liability risk
  • Trip hazard / accessibility breach

You will normally need:

✔ Roads Consent (for pavements)

Often handled under:

  • Roads occupation permit
  • Street furniture approval
  • Section 56 consent (in some cases)

✔ Written agreement on:

  • Exact location
  • Size and footprint
  • Who maintains them
  • Insurance cover

3️⃣ Accessibility Rules (Very Important)

Under equality legislation, pavements must remain accessible.

Typical council expectations:

  • Minimum 1.5m clear walking width (sometimes 2m in busy areas)
  • No obstruction near:
    • Pedestrian crossings
    • Bus stops
    • Tactile paving
    • Dropped kerbs
  • No sharp edges or unstable bases
  • No trailing irrigation hoses

This is particularly important on a main artery like St John’s Road.

4️⃣ Design & Safety Considerations

Councils usually require:

  • Heavy, stable planters (so they cannot tip)
  • No advertising unless separately approved (sponsorship fine)
  • No drilling into pavement without permission
  • Good drainage (no water run-off onto pavement)
  • Ongoing maintenance commitment

5️⃣ Insurance

You will likely need:

  • Public liability insurance (often £5m cover)
  • Named responsible organisation

This protects you if someone trips or is injured.

6️⃣ Simplest Route for Corstorphine in Bloom

Given your project:

Best strategy:

  1. Work formally through the Community Council.
  2. Submit a simple location map.
  3. Propose:
    • 10–15 pilot planters
    • Standard design
    • Named maintenance volunteers
  4. Ask for a trial period.

Because you are:

  • Improving appearance
  • Supporting biodiversity
  • Supporting businesses
  • Working with parks groups

You are aligned with council placemaking and wellbeing strategies.

6️⃣ Existing Precedent in Edinburgh

There is already an example in:

🌿 Stockbridge

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These were done with council agreement and local business involvement.

7️⃣ What You Cannot Do

🚫 Just put them out without permission
🚫 Attach them to lampposts without approval
🚫 Narrow pavement below accessibility standard
🚫 Use them as advertising boards
🚫 Install irrigation connected to mains without consent