Vans in laybys - Public forum - Planning Advisory Service (PAS)

Liz, Unauthorised advertising affecting Motorways, Trunk Roads and Local Authority Roads can be unsightly and distract drivers, posing a risk to public safety. Local authorities are empowered to assess when adverts harm amenity and public safety – legal backing is there for action to be taken against the perpetrators of unsightly displays. This includes adverts parked on trailers parked in fields or alongside highways that may be claimed to be mobile or temporary structures not subject to the regulations governing outdoor advertising. Government policy on roadside advertising is set out in PPG19, ‘Outdoor Advertising Control’ and Circular 05/1992 which includes the advice that: ‘Land alongside motorways is landscaped for reasons of safety and appearance…It is hoped that local planning authorities will take steps to ensure that on land alongside motorways but not required for them, no advertisements that could adversely affect amenity or constitute a danger to safety are allowed’. Under the Highways Act 1980 (S130) it is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority. There is also a duty to prevent the obstruction of the highway as far as possible. The highway authority has a further duty to defend against unlawful encroachments on any roadside, pavement or grass verge within the highway. Advertising may also be affected by the Advertising Regulations, and in such cases the local planning authority may become involved. We have further advice that can be provided upon request. Regards Tony admin@LandForSaleGroup.co.uk

Hi Liz, Worth taking a look at the PAS case study on this topic: 'Blots on the landscape' - its available here: http://www.pas.gov.uk/pas/core/page.do?pageId=37933 Best wishes, John.

Liz, The attached document may assist further. Regards Tony admin@LandForSaleGroup.co.uk Direct Tel: 0161-660-7297

Recent planning case with a large container being used as an advertisement hording, the power to obliterate or remove was used and the advert on the container painted over. I have had similar cases and used the same power without challenge. For a car or van you can use the DVLA to check the ownership (by submitting by post a ‘non-fee paying enquiry form (VQ4) - however this can take two weeks. You can paste a warning letter on the windscreen advising the owner that you intend to paint out the advert – giving 48 hours notice. I have used both painting over the advert and using very large posters with : “Illegal Advertisement – Removed / obscured by the XXXX Local Planning Authority” under our powers contained within the TCPA 1990 & TCP(Advert)R 2007 The owner / advertiser will be prosecuted in the court. Then two days later (if still on site) paint over the warning poster, and send a bill for your costs and / or prosecute. Have used this over 20 times with good results. Also when an advert is used for a music event, I have phoned the record label of the groups involved and the record company has threatened to pull the acts that are illegally advertised making the offender very willing to clean his act up and work with the LPA ?

Don. I'm putting together a presention for a workshop in Scotland ... on advertisement control. The workshop will be run through TRA. I'm after any pictures of interesting or unausual advert problems that i could use to illustrate my talk ... and came accross this thread. Am particularly interested in some pics of signs that have been obliterated or your large warning poster! If there is any chance that you could e-mail me some stuff to mh@mhplanning.co.uk it would really be appreciated! Regards. Mike Hyde