© Bishop’s Stortford Town Council Fly Posting Agency Agreement with East Herts District Council Briefing for Councillors

© Bishop’s Stortford Town Council Fly-posting - Background Law - Basics Most advertising is illegal* without consent under planning law and the permission of the landowner Most advertising is illegal* without consent under planning law and the permission of the landowner Advertising on highways property is illegal** without the permission of the highways authority Advertising on highways property is illegal** without the permission of the highways authority There are some exceptions and deemed consents under the planning legislation There are some exceptions and deemed consents under the planning legislation The planning authority (ie EHDC) has the right to remove illegal advertising and can enforce through the courts (fines) The planning authority (ie EHDC) has the right to remove illegal advertising and can enforce through the courts (fines)Agreement EHDC and BSTC (in common with the other towns in East Herts) have signed an agency agreement (Jun 2012) EHDC and BSTC (in common with the other towns in East Herts) have signed an agency agreement (Jun 2012) BSTC can, but is not obliged to, remove illegal flyposting in Bishop’s Stortford BSTC can, but is not obliged to, remove illegal flyposting in Bishop’s Stortford Gives us the same legal protection enjoyed by EHDC Gives us the same legal protection enjoyed by EHDC Limited Process and procedures required Ensures legality, safety and good PR Ensures legality, safety and good PR Legal references *Under the Town and Country Planning Act 2007 ** Under the Highway Acts 1980

Principal Exceptions Important exceptions include adverts Important exceptions include adverts by a religious, educational, cultural, recreational, medical or similar institution on the premises which it is advertising. (max 1.2 sq. m) by a religious, educational, cultural, recreational, medical or similar institution on the premises which it is advertising. (max 1.2 sq. m) for the selling/renting of the property on which the advert is located (residential max 0.5 sq. m, other max 2 sq. m) for the selling/renting of the property on which the advert is located (residential max 0.5 sq. m, other max 2 sq. m) for any local religious, educational, cultural, political, social or recreational event for non-commercial purposes (max 0.6sq. m) for any local religious, educational, cultural, political, social or recreational event for non-commercial purposes (max 0.6sq. 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 around the land advertised Any advert about building operations upon the hoarding around the land advertised The above are exceptions to the Planning regulations but NOT to the Highways Act The above are exceptions to the Planning regulations but 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 backup Other exceptions apply – see backup © Bishop’s Stortford Town Council

Recommended BSTC Policy BSTC will normally, subject to resource, practicality, safety considerations and the exceptions below, take action to remove/obliterate banners, posters and boards which are BSTC will normally, subject to resource, practicality, safety considerations and the exceptions below, take action to remove/obliterate banners, posters and boards which are readily visible from the public realm readily visible from the public realm and and 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 owned land 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 owned land 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 under the Highways act so long as: 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 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-commercial purposes (max 0.6sq. m) (a) any local religious, educational, cultural, political, social or recreational event for non-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) and and The advert does not appear to cause danger or obstruction The 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 days after the event The advert is displayed no more than 14 days before the event and removed no more than 7 days after the event in the case of adverts in class (a) the advert is displayed in the immediate neighbourhood of the location of the event in the case of adverts in class (a) the advert is displayed in the immediate neighbourhood of the location of the event in the case of adverts in class (b) the advert relates to an event in Bishop’s Stortford or immediately adjacent parishes in the case of adverts in class (b) the advert relates to an event in Bishop’s Stortford or immediately adjacent parishes Recommendation: Approve above policy Recommendation: Approve above policy © Bishop’s Stortford Town Council

Process Different for banners (which have value) and paper posters (which are virtually valueless) Different for banners (which have value) and paper posters (which are virtually valueless) Boards (like estate agents boards) are treated like banners Boards (like estate agents boards) are treated like banners Posters – to be actioned by Officers and, if they wish, Councillors Posters – 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 policy Confirm that the poster is (a) illegal and (b) is not an exception under BSTC policy If confirmed, remove and dispose of If confirmed, remove and dispose of Banners (includes estate agents boards etc) – to be actioned by Officers only Banners (includes estate agents boards etc) – to be actioned by Officers only Councillors to log offenders they observe with reception for action by officers Councillors 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 not collected Removal logged, letter sent, banner kept for collection, disposed of after defined period if not collected Detailed process description available Detailed process description available For persistent offenders For persistent offenders Photograph advert and location, Log, Issue warning letter Photograph advert and location, Log, Issue warning letter Health and Safety Health and Safety Individual undertaking removal must have regard to personal health and safety and that of others Individual undertaking removal must have regard to personal health and safety and that of others If in doubt do not remove – ask for guidance If 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 reasonably be managed Fly posting will not be removed where there is a risk to health and safety which cannot reasonably be managed © Bishop’s Stortford Town Council

A boards ‘Necessary’ to advertise off street businesses ‘Necessary’ to advertise off street businesses Longer term solution - proper heritage signs on walls etc Longer term solution - proper heritage signs on walls etc Covered by advertising regulations (ie they almost always illegal) Covered by advertising regulations (ie they almost always illegal) Code of practice exists, devised and enforced by Herts Highways in conjunction with EHDC Code of practice exists, devised and enforced by Herts Highways in conjunction with EHDC Defines cases which, although illegal, will be tolerated Defines cases which, although illegal, will be tolerated Enforcement is slow Enforcement is slow Violations quite common and repeated, obstruct footway Violations quite common and repeated, obstruct footway Local enforcement of A board code of practice is a natural extension of fly posting initiative Local enforcement of A board code of practice is a natural extension of fly posting initiative Highways have been approached informally but so far have not responded Highways have been approached informally but so far have not responded EHDC have been approached and appear to be cooperative EHDC have been approached and appear to be cooperative If council agrees, Highways and EHDC will be approached formally with the force of Council support If council agrees, Highways and EHDC will be approached formally with the force of Council support Recommendation: Council supports the extension of the local enforcement of fly posting to cover A boards and requests highways actively to consider granting an agency agreement on similar terms. Recommendation: Council supports the extension of the local enforcement of fly posting to cover A boards and requests highways actively to consider granting an agency agreement on similar terms. © Bishop’s Stortford Town Council

Backup

Tools which may be required Authorisation certificate Authorisation certificate Protective footwear Protective footwear Goggles, Gloves Goggles, Gloves Camera Camera Knife, wire cutters, pliers Knife, wire cutters, pliers Multi headed screwdriver Multi headed screwdriver Vehicle Vehicle High visibility jacket/tabard High visibility jacket/tabard © Bishop’s Stortford Town Council

Further 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 Council