No powers to act says Council

Signs and adverts are situated across the borough

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Rochdale Borough Council says it has no powers to help residents in Sudden and Castleton who are being “plagued” by vans and trailers parked up as adverts on roads and lay-bys in the area.

On being asked why the Council does not remove the vans and trailers, a spokesman for the Council said: “Both our planning and highways departments say the situation’s still as it was and they’re not aware of any new powers that allow us to take any different action. While the government might have said they want councils to do more about this kind of thing, we’re not aware of any legislative change that legally enables us to do anything different to before.

“Where people report trailers left that aren’t attached to vehicles we will take swift action to have them taken away. But if it’s attached to a taxed vehicle and isn’t contravening parking restrictions or causing an obstruction there are no legal powers for us to remove it.”

The spokesman added: “If you would like to send us the guidance/part of the act that that you think the council has misinterpreted we will happily take a look.”

Rochdale Online has done so (see below), as in 2007 the Government Planning Advisory Service published practical examples of action taken by Local Planning Authorities (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.