Clamping down on illegal roadside adverts

Drivers travelling home for Christmas this year are at risk of being distracted by illegal roadside adverts that also blight the countryside. New measures to crack down on this nuisance to drivers were announced today by the Housing and Planning Minister Yvette Cooper.

A new national database will be launched next year, containing information on companies who distract drivers and blight the countryside by advertising illegally beside motorways, and this will assist local planning authorities (LPAs) in enforcing the law.

There are already good examples of LPAs tackling illegal advertising across the country. Yvette Cooper is calling on Leaders of LPAs in areas where this is still a problem to provide assurances on actions they are taking to remove these adverts.

Yvette Cooper said:

"Some people think they can get round the planning system just by putting these ads on trailers in fields. They can't. It doesn't matter whether it is on a trailer or a hoarding, if it is stuck in a field by the side of the road it should be treated in the same way.

"Many of these ads are dangerous as well as being an eyesore. It's time local authorities clamped down."

New guidance for LPAs on the control of outdoor advertisements will also provide greater clarity and advice. In addition ODPM is seeking assurances from companies believed to be advertising illegally that this practice will cease.

ODPM has secured the support of the Outdoor Advertising Council, Local Government Association, Planning Officers Society, National Farmers Union and the Highways Agency in tackling this problem.

The Planning Advisory Service will publish practical examples of action taken by LPAs to prevent and remove illegal roadside advertising, as a guide to other authorities.

1. Advertisements on land directly facing motorways and major roads require the express consent from the relevant LPA as well as prior permission from the landowner before they may be displayed lawfully. To display an outdoor advert without express consent is an immediate offence.

Many illegal adverts are on trucks or trailers parked in fields. Where a vehicle's primary use is as a display site for adverts, this is illegal unless express consent is given.  But where it is used as a vehicle first and foremost, advertising on that moving vehicle does not need an authority's consent.

2. Local authorities should take action to remove illegal adverts and prosecute those involved where necessary. It is often possible to get illegal advertising taken down without formal prosecution.

3. The Highways Agency must be consulted by local authorities on any applications for hoardings or adverts near motorways and trunk roads. They will not give consent if the proposals present a risk to public safety.

4. The national database of companies prosecuted for advertising illegally by motorways or selling illegal advertising will be hosted by the Planning Portal.

5. Yvette Cooper will be writing to the Leaders of LPAs in areas where this is a problem to seek assurances on action they are taking to remove these adverts.

6. In July ODPM wrote to all local authorities to remind them of their enforcement powers to tackle illegal roadside advertising. In October they also wrote to companies believed to be involved seeking an assurance that they will cease this activity.

7. Outdoor advertisements are controlled by the Town and Country (Control of Advertisements) Regulations 1992. LPAs are responsible for deciding whether a particular advertisement should be permitted or not, and also have powers in the Town and Country Planning Act 1990 to take action against advertisements displayed in contravention of the Regulations.

8. Advertisements displayed in contravention of the Regulations are an immediate offence which is open to prosecution by the local planning authority, under section 224 of the Town and Country Planning Act 1990. LPAs also have powers under section 225 of the 1990 Act, to remove or obliterate any illegally displayed placard or poster after giving two days notice of their intention to do so.

9. The Anti-Social Behaviour Act 2003 increased the maximum level of fines on conviction to £2,500 and £250 for each day during which the offence continues.

10. Advertisements which may be displayed without having to apply to the local planning authority for express consent include:

• temporary advertisements to be displayed publicising a forthcoming event;
• to advertise a short-term use of the advertisement site, such as announcing that there is to be a sale of goods or livestock on land or premises, such as a sale of livestock on farm premises;
  
• to advertise any local event being held for charitable purposes.

However, there are conditions and limitations attached, such as the size and the length of time the advertisement can be displayed.