© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

Fly PostingFly Posting

Agency Agreement with East Herts Agency Agreement with East Herts District CouncilDistrict Council

Briefing for CouncillorsBriefing for Councillors

© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

Fly-posting - BackgroundFly-posting - Background

Law - BasicsLaw - Basics Most advertising is illegal* without consent under planning law Most advertising is illegal* without consent under planning law and and the permission of the permission of

the landowner the landowner Advertising on highways property is illegal** without the permission of the highways Advertising on highways property is illegal** without the permission of the highways

authorityauthority There are some exceptions and deemed consents under the planning legislationThere are some exceptions and deemed consents under the planning legislation The planning authority (ie EHDC) has the right to remove illegal advertising and can The planning authority (ie EHDC) has the right to remove illegal advertising and can

enforce through the courts (fines)enforce through the courts (fines)

AgreementAgreement EHDC and BSTC (in common with the other towns in East Herts) have signed an agency EHDC and BSTC (in common with the other towns in East Herts) have signed an agency

agreement (Jun 2012)agreement (Jun 2012) BSTC can, but is not obliged to, remove illegal flyposting in Bishop’s StortfordBSTC can, but is not obliged to, remove illegal flyposting in Bishop’s Stortford Gives us the same legal protection enjoyed by EHDCGives us the same legal protection enjoyed by EHDC

Limited Process and procedures requiredLimited Process and procedures required Ensures legality, safety and good PREnsures legality, safety and good PR

Legal referencesLegal references *Under the Town and Country Planning Act 2007 ** Under the Highway Acts 1980

Principal ExceptionsPrincipal Exceptions

Important exceptions include advertsImportant exceptions include adverts by a religious, educational, cultural, recreational, medical or by a religious, educational, cultural, recreational, medical or

similar institution on the premises which it is advertising. (max similar institution on the premises which it is advertising. (max 1.2 sq. m)1.2 sq. m)

for the selling/renting of the property on which the advert is for the selling/renting of the property on which the advert is located (residential max 0.5 sq. m, other max 2 sq. m)located (residential max 0.5 sq. m, other max 2 sq. m)

for any local religious, educational, cultural, political, social or for any local religious, educational, cultural, political, social or recreational event for non-commercial purposes (max 0.6sq. recreational event for non-commercial purposes (max 0.6sq. m)m)

For a travelling circus or fair (max o.6 sq. m)For a travelling circus or fair (max o.6 sq. m) Any advert about building operations upon the hoarding Any advert about building operations upon the hoarding

around the land advertisedaround the land advertised

The above are exceptions to the Planning regulations The above are exceptions to the Planning regulations but NOT to the Highways Actbut NOT to the Highways Act =>advertising on highways land is almost always illegal=>advertising on highways land is almost always illegal

Other exceptions apply – see backupOther exceptions apply – see backup© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

Recommended BSTC PolicyRecommended BSTC Policy

BSTC will normally, subject to resource, practicality, safety considerations and BSTC will normally, subject to resource, practicality, safety considerations and the exceptions below, take action to remove/obliterate banners, posters and the exceptions below, take action to remove/obliterate banners, posters and boards which are boards which are

readily visible from the public realm readily visible from the public realm andand

displayed illegally on land owned by BSTC, EHDC or HCC/Highways land or on displayed illegally on land owned by BSTC, EHDC or HCC/Highways land or on unoccupied premises or on other land readily accessible from the highway or publicly unoccupied premises or on other land readily accessible from the highway or publicly owned landowned land

Exceptions: BSTC will not normally remove (but reserves the right to remove) Exceptions: BSTC will not normally remove (but reserves the right to remove) adverts which are legal under the Town and Country Planning act but not legal adverts which are legal under the Town and Country Planning act but not legal under the Highways act so long as:under the Highways act so long as:

The advert is for:The advert is for: (a) any local religious, educational, cultural, political, social or recreational event for non-(a) any local religious, educational, cultural, political, social or recreational event for non-

commercial purposes (max 0.6sq. m)commercial purposes (max 0.6sq. m) (b) a travelling circus or fair (max o.6 sq. m)(b) a travelling circus or fair (max o.6 sq. m)

andand The advert does not appear to cause danger or obstructionThe advert does not appear to cause danger or obstruction The advert is displayed no more than 14 days before the event and removed no more than 7 The advert is displayed no more than 14 days before the event and removed no more than 7

days after the eventdays after the event in the case of adverts in class (a) the advert is displayed in the immediate neighbourhood of the in the case of adverts in class (a) the advert is displayed in the immediate neighbourhood of the

location of the eventlocation of the event in the case of adverts in class (b) the advert relates to an event in Bishop’s Stortford or in the case of adverts in class (b) the advert relates to an event in Bishop’s Stortford or

immediately adjacent parishesimmediately adjacent parishes

Recommendation: Approve above policyRecommendation: Approve above policy© Bishop’s Stortford Town © Bishop’s Stortford Town

Council Council

ProcessProcess

Different for banners (which have value) and paper posters (which are virtually Different for banners (which have value) and paper posters (which are virtually valueless)valueless)

Boards (like estate agents boards) are treated like bannersBoards (like estate agents boards) are treated like banners

Posters – to be actioned by Officers and, if they wish, CouncillorsPosters – to be actioned by Officers and, if they wish, Councillors Confirm that the poster is (a) illegal and (b) is not an exception under BSTC policyConfirm that the poster is (a) illegal and (b) is not an exception under BSTC policy If confirmed, remove and dispose ofIf confirmed, remove and dispose of

Banners (includes estate agents boards etc) – to be actioned by Officers onlyBanners (includes estate agents boards etc) – to be actioned by Officers only Councillors to log offenders they observe with reception for action by officersCouncillors to log offenders they observe with reception for action by officers Removal logged, letter sent, banner kept for collection, disposed of after defined period if Removal logged, letter sent, banner kept for collection, disposed of after defined period if

not collectednot collected Detailed process description availableDetailed process description available

For persistent offendersFor persistent offenders Photograph advert and location, Log, Issue warning letterPhotograph advert and location, Log, Issue warning letter

Health and SafetyHealth and Safety Individual undertaking removal must have regard to personal health and safety and that Individual undertaking removal must have regard to personal health and safety and that

of othersof others If in doubt do not remove – ask for guidanceIf in doubt do not remove – ask for guidance Fly posting will not be removed where there is a risk to health and safety which cannot Fly posting will not be removed where there is a risk to health and safety which cannot

reasonably be managedreasonably be managed © Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

A boardsA boards

‘‘Necessary’ to advertise off street businessesNecessary’ to advertise off street businesses Longer term solution - proper heritage signs on walls etcLonger term solution - proper heritage signs on walls etc

Covered by advertising regulations (ie they almost always Covered by advertising regulations (ie they almost always illegal)illegal)

Code of practice exists, devised and enforced by Herts Code of practice exists, devised and enforced by Herts Highways in conjunction with EHDCHighways in conjunction with EHDC

Defines cases which, although illegal, will be toleratedDefines cases which, although illegal, will be tolerated Enforcement is slowEnforcement is slow Violations quite common and repeated, obstruct footwayViolations quite common and repeated, obstruct footway

Local enforcement of A board code of practice is a natural Local enforcement of A board code of practice is a natural extension of fly posting initiativeextension of fly posting initiative

Highways have been approached informally but so far have not Highways have been approached informally but so far have not respondedresponded

EHDC have been approached and appear to be cooperativeEHDC have been approached and appear to be cooperative If council agrees, Highways and EHDC will be approached formally with If council agrees, Highways and EHDC will be approached formally with

the force of Council supportthe force of Council support Recommendation: Council supports the extension of the local Recommendation: Council supports the extension of the local

enforcement of fly posting to cover A boards and requests enforcement of fly posting to cover A boards and requests highways actively to consider granting an agency agreement on highways actively to consider granting an agency agreement on similar terms.similar terms. © Bishop’s Stortford Town © Bishop’s Stortford Town

Council Council

BackupBackup

© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

Tools which may be requiredTools which may be required

Authorisation certificateAuthorisation certificate Protective footwearProtective footwear Goggles, GlovesGoggles, Gloves CameraCamera Knife, wire cutters, pliersKnife, wire cutters, pliers Multi headed screwdriverMulti headed screwdriver VehicleVehicle High visibility jacket/tabardHigh visibility jacket/tabard

© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council

Further ExceptionsFurther Exceptions

Other exceptions (to Planning regulations) include adverts:

For a Neighbourhood Watch scheme Comprising solely the national flag of any country, provided it is unaltered not readily visible to the general public. for an article for sale provided the advertisement is not illuminated (mas

0.1 sq. m) relating to a pending election Which is a lawful traffic sign inside a building, and >1m from an external door, window or other opening

through which it is visible from the outside. identifying the name of the person/organisation/company occupying the

building on which it is displayed advising of building work on the building/Land directing potential buyers to a residential development site. (max 0.15 sq.

m) Comprising the flag of the building/business (max 0.75 sq. m) Advertising the function of a local authority (max 1.55 sq. m) for the presence of CCTV cameras

© Bishop’s Stortford Town © Bishop’s Stortford Town Council Council