At the March 2015 meeting, the Council reviewed its policy on Posters advertising local events (fly-posting)
Not all ad-hoc posting is fly-posting, although much is. There is no formal definition of ‘fly-posting’. However, it is generally taken to be the display of advertising material on buildings and street furniture without the consent of the owner, contrary to the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2007.
The laws to protect us from indiscriminate fly-posting is regulated by section 224 of the Town and Country Planning Act 1990 (s224), The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and the Highways Act 1990 (s225).
While this is complex, it can be summarised as:
1. Advertising of any kind requires express consent from the planning authority unless the advertising falls into a list of exceptions or deemed consents specified in the 2007 regulations. Display of advertising contrary to these regulations is an offence
2. Advertising on highways property is an offence without the permission of the highways authority
3. All advertising requires the permission of the owner of the land on which the advert is displayed.
At the meeting of Ditchingham Parish Council 16th March 2015 the Council determined to amend its policy on fly-posting to read:
DPC discourages all advertising or other artefacts on the highway, specifically the B1332 and within in the village, but note that this is not illegal provided that other regulations including safety, fly posting and planning issues are not breached.
• DPC encourages all advertisers to include a full contact name and number (so that we can reasonably request the advertiser to remove posters if inappropriate; or that are displayed in excessive numbers)
• DPC reminds advertisers that the decision to ‘fly-post’ is at the sole discretion of the advertiser and that there are penalties for breaking the law
• DPC may remove any advertising that, in the opinion (and absolute discretion) of the Chair of the Highways & Planning Committee:
• includes inappropriate content (eg commercial content)
• is displayed in excessive numbers
• does not include relevant contact details
• is displayed sooner than 14 days before, or 7 days after the event
• is affixed to such street furniture as to be a distraction or a danger
• is not of a ‘local’ nature
Chair, Ditchingham Parish Council