Policy Statement on Advertisements and Signs

1. Corporate Policy Priorities

Berwick-upon-Tweed Borough Council is committed to Developing Town Centres, Promoting Business Growth and Enhancing Tourism. (Corporate Policy Priorities, 2005) The main purpose of a sign is to advertise a business or event with the intent to gain competitive advantage. Whilst the Council is fully supportive of business and tourism growth, we have a statutory duty to ensure that all advertisements and signs in the Borough comply with the law, and do not adversely affect either public safety or the visual amenity of the area.

• Legislation

Government Circular 03/07, Town and Country Planning: Control of Advertising England Regulations 2007 contains specific classes of signs / advertisements under which and subject to certain criteria, a sign may be displayed known as “Deemed Consent”. Any sign which does not meet these criteria requires the express consent of the Borough Council before it is displayed.

1- Main Criteria for Determining An Application for Advertisement Consent

Each individual application for advertisement consent must be judged on its own individual merits. There are only two main issues for consideration when determining an application for advertisement consent:

Its effect on public safety;

1. Its effect on the visual amenity of the area, i.e. does its visual appearance and location fit in harmony with its surroundings?

The actual content of the sign is only relevant as part of the justification that the sign is needed.

1. Other Criteria Which Will Apply

4.1 Landowner’s consent - Every proposed sign must have the consent of the landowner on whose property the sign is to be located. However, most unauthorized signs are displayed within the confines of the highway without the knowledge or permission of the Highway Authority (Schedule 1.4) These are therefore unlawful.

Such signs are usually indiscriminately displayed with little regard to their location or, more importantly, to the safety of highway users.

4.2 Signs placed on or near highway junctions - These can detract users’ attention from their duty of care to other road users. Many of these signs are not removed after the need for them has passed, and so they harm the visual amenity of the area. Where they are placed in grass verges, they can also damage maintenance equipment.

4.3 Signs on vehicles or trailers - These are usually left in fields, lay-bys or parking areas adjacent to the public highway. They do not benefit from deemed consent (schedule 2 Class C) since they are purely a means of displaying an advertisement and not therefore being wholly used as a vehicle or trailer.

1. Legal Powers of Berwick Borough Council

The unauthorized display of an advertisement or sign is an absolute offence which may be tried in the courts (Town and Country Planning Act 1990 section 224) Under the Code for Prosecutors there are two issues to be considered by Council Officers when assessing the potential for legal action:

1. The evidential test
2. The public interest test

Officers must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. In respect of persistent minor breaches of the law, this may be widespread in the area where it was committed, and so represent a deterioration in both public safety and visual amenity.

Further guidance and advice is available on the Planning Portal website:

PPG19 Outdoor Advertisement Control http://www.planningportal.gov.uk/england/professionals
/en/1021020428181.htm

Summary:   This PPG explains that the main purpose of the advertisement control system is to help those involved in outdoor advertising to contribute positively to the appearance of an attractive environment in cities towns and the countryside View 'Planning Policy Guidance 19: Outdoor advertisement control' here  PDF