URGENT BUSINESS

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE –

WEDNESDAY 5 JUNE 2002

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

REPORT ON ENFORCEMENT APPROACH TO ADVERTISEMENTS IN CONNECTION WITH LOCAL ISLAND EVENTS.

Summary

In light of recent decisions to consider whether Members wish to initiate an informal procedure for dealing with requests for the display of advertisements in respect of local events taking place in the next few months.

Background

Members will recall considering a series of reports about developing an appropriate response to unauthorised advertising in the form of flyposting. This has resulted in initiatives which are currently being implemented by the Enforcement Team Leader in association with colleagues in Engineering Services.

Local Planning Authorities are authorised under Section 225 to remove or obliterate any offending poster or placard displayed illegally. The standard conditions applied to all advertisements are also of use to combat flyposting as the consent of the owner of the land upon which an advertisement is displayed is required. Paragraphs 51 and 52 of Circular 5/92 suggest a number of procedures which may be used to combat flyposting and there is also a Good Practice Guide on the control of flyposting produced by the former DETR (1998).

The advice contained in the latter and paragraph 51 of Circular 5/92 both confirm that there is no formal definition of flyposting. However, it is generally taken to be the display of advertising material on buildings and street furniture without the consent of the owner, contrary to the provisions of the Regulations.

Members will recall considering a report at the Development Control Committee (Site Visits) meeting held on 3 May 2002 about advertisement signs in connection with the Isle of Wight Music Festival. The purpose of the report was to determine how the Committee should respond to a proposal by Wight Leisure to display a substantial number of signs across the Island advertising the event.

It was apparent that Members wished to continue with the recently established policy in respect of flyposting which is unauthorised and often unsightly and rarely removed after the event. However, Members also indicated that they had no desire to take any appropriate action against certain events similar to and including the Isle of Wight Music Festival. It was considered that despite the Advertisement Regulations that some degree of signage advertising such events should be allowed to happen in the interests of the local economy.

In accordance with the recommendations Members resolved to:

           •          To note the details with regards the proposed advertisements, confirming that they require the benefit of a consent under the Advertisement Regulations and that an application had not been forthcoming.

           •          Giving due regard to a number of issues the Committee decided not to take any formal action against their display within the limitations outlined in the supporting information, which mostly related to almost immediate removal of the signs following the event.

           •          To report back to a further meeting of this Committee, identifying a series of guidelines which could form the basis for considering advertisements for events of a similar nature.

Members will remember considering a similar request in connection with the Isle of Wight Garden Show at Osborne House at the Development Control Committee (Site Visits) held on 24 May 2002 when it was decided to adopt a similar strategy and allow the signs to be displayed.

The dilemma for Members is to ensure that while maintaining a firm position in respect of unauthorised flyposting that the Council is not seen to be placing any obstacles in the way of this kind of event which clearly makes a contribution towards the promotion of the Isle of Wight and benefits the local community. The Council must respond to advertisements required in connection with these events where the issue relates to the overall size of the signs but also the more vexed question of whether they are advertising a commercial event.

Class 3 of the Advertisement Regulations deals with temporary advertisements and gives consent for a wide variety of notices and signs which are usually displayed to publicise a forthcoming event, or to advertise a short term use of the advertisement site. Class 3 is divided into six separate categories, each with its own provisions for deemed consent. Class 3D permits temporary notices or signs which are intended to advertise any local event being held for charitable purposes, which may be religious, educational, cultural, political, social or recreational, but not for any commercial purpose. In my view this would cover such things as a church bazaar, a garden fete, amateur sports event etc. The advertisement permitted by Class 3D must not exceed 0.6 of a square metre.

Financial Implications

None.

Conclusions

I remain firmly of the view that in the case of the Isle of Wight Music Festival and the Isle of Wight Garden Show is a commercial event, the promoter of the latter having admitted as much, and, in any case, the signs exceed the prescribed size. Therefore, the signs currently being displayed in connection with the Isle of Wight Music Festival required the benefit of consent and are. for the purposes of the Regulations, unauthorised notwithstanding the decision taken by this Committee not to take any formal action against their display within the limitations outlined in the information included in the report considered on 3 May 2002.

In making any decision I believe Members should consider the authority that they are given by the Town and Country Planning (Control of Advertisements) Regulations 1992 and our own recently developed policy in respect of flyposting. Members will also need to give due regard to the fact that the onus should rest on the event organisers to lodge the necessary enquiries as to the need for consent under the Advertisement Regulations and, if necessary, obtain formal consent prior to the advertising being carried out in connection with the event.

This option can be extended by sending a letter to all potential event organisers/promoters who can be identified setting out the requirements of the Advertisement Regulations and advising them that if they do not fall within the exemption under Class 3D then they must apply for consent to display advertisements in sufficient time for the application to be determined. The letter should also include advice to the effect that if they fail to make an application and the advertisements are subsequently displayed then the Council is in a position to take formal action in respect of the unauthorised signs.

While I would support this approach, I realise it is not practical to adopt this position in respect of events which are going to take place within the next few weeks or indeed during the summer months.

On an interim basis for the short term period this year I would recommend that Members establish a series of guidelines and delegate the decision to the Strategic Director in consultation with the Chairman to be used on a case by case basis. Each request would be considered on its merits. I would suggest that the guidelines be based on the following criteria:

           •          Advance notice should be given to the Council of the specific sites (or general area) for the proposed signs.

           •          Each sign should not exceed 0.75 square metre in size.

           •          The signs shall not be displayed more than 14 days in advance of the event.

           •          The signs will be removed within 7 days of the completion of the event.

           •          Each individual site will have the consent or agreement of the landowner; on a highway land this will require the agreement of the Head of Engineering Services.

In conclusion Members should note the following points:

           •          While there is no formal definition I am satisfied that the action that the Council is currently taking in respect of flyposting is where there is a display of an unauthorised advertisement without the consent of the owner or occupier of the land or premises which, in my view, is different from the advertisement signs currently being displayed in connection with the Isle of Wight Music Festival and other similar events due to take place in the coming months. Consequently, the recommendations set out in this report should not prejudice the locally agreed policy in respect of flyposting.

           •          The process and action taken by this Committee in respect of the unauthorised signage for the Isle of Wight Music Festival has been effectively vindicated by the judges decision to refuse permission for an application for permission to apply for judicial review in respect of the advertisement signs in connection with the Isle of Wight Music Festival.

           •          That appropriate action should be taken in respect of the need for formal consent under the Advertisement Regulations or unauthorised signs in connection with this type of event commencing on 1 January 2003.

           •          That the guidelines and criteria put in place for the short term period for the remainder of 2002 should be able to satisfy the requirements of events organisers/promoters over the next few months.

Contact Point: Chris Hougham Tel: 823565

M J A FISHER

Strategic Director

Corporate and Environment Services