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Planning Advisory Service (PAS)
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USE OF S215 TO TACKLE GRAFITTI

Former Member, modified 14 Years ago.

USE OF S215 TO TACKLE GRAFITTI

Environmental Health colleagues are requesting that we use S215 to tackle stand alone grafitti. To date, my view has been that except in exceptional circumstances where the impact on the wider amenities of the area is clear, or where the grafitti forms part of a wider issue with the condition of land/buildings, this would not be an appropiate use of S215. In addition, in most cases, the owners of property the subject of grafitti have themselves been a victim of that crime and therefore there is also to my mind a clear question as to the appropriateness of directing such formal action at them. I would be grateful for thoughts, comments and examples of others experience.
David Wigfield, modified 14 Years ago.

Re: USE OF S215 TO TACKLE GRAFITTI

New Member Posts: 8 Join Date: 19/10/11 Recent Posts
I agree - grafitti is generally done by persons unknown, isn't the fault of the landowner, and isn't normally within their control. I wouldn't want to use S215 except in the most extreme circumstances, and even then only if there were also other aspects to the 'untidiness'. Otherwise, it would raise expectations that the same power could and should be used in countless more cases which we wouldn't have the resources to deal with.
Former Member, modified 14 Years ago.

Re: USE OF S215 TO TACKLE GRAFITTI

Use of the advert regs or better still the ASBA 2003 and CN&EA 2005 where penalty notices or a defacement removal notice (s48) can be used. Mynors 'The Control of Outdoor Advertising & Graffiti (Shaw & Son) 2009 is a good rererence book on the subject