Advertising Protocol

APPENDIX B

 

North Somerset Council Development Management Advertising Protocol

 

It is the responsibility of the Development Management Delivery and Enforcement Team to receive and investigate complaints about alleged unauthorised advertisements.

 

Unlike other breaches of planning control, the display of an unauthorised advertisement is an offence. Under Section 224 of the Town and Country Planning Act 1990, it is an offence to display any advertisement in contravention of the Advertisement Regulations. The offence is subject to a maximum fine of 2,500 upon summary conviction in the Magistrates Court, with a continuing daily fine of 250 for failing to remove an unauthorised advertisement.

 

To achieve a balanced service to all of our service users, the council has adopted a protocol designed to clarify responsibility for controlling signs and advertisements, this is administered by its Development Management Service and Streets and Open Spaces Service.

 

All signs shall be displayed in accordance with the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and the Highways Act 1980. Unauthorised advertisements are ranked as low priority according to the adopted Local Enforcement Plan and advertisement complaints are given a low priority. Only in cases where public safety is endangered or there is a clear, immediate, and continuous harm or danger to the locality including the living conditions of adjoining residents will advertisement complaints be given a higher priority.

 

The Development Management Service will be responsible for controlling all unauthorised signs displayed outside the confines of the highway. The Delivery and Enforcement Team in accordance with the Local Enforcement Plan will handle complaints about alleged unauthorised advertisements.

 

Where such signs are displayed without exemption or deemed consent, consideration will be given to the expediency of taking enforcement action for the removal and/or prosecution of the offence. In the interest of commercial viability, discretion will be given to the expediency of action over the display of commercial advertisements, provided they do not cause any material harm to amenity or endanger public safety.

 

The Streets and Open Spaces Service will be responsible for the control of all unauthorised advertisements within the confines of the highway, which includes pavement and verge areas. The Streets and Open Spaces Service will be responsible for the control of unauthorised advertisements attached to street furniture.

 

All action will be in accordance with national legislation and government advice, and commensurate and proportionate to the offence.