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Section A of the Act as amended allows local planning authorities to remove and dispose of any display structure — such as an advertisement hoarding — which, in their opinion, is used for the display of illegal advertisements.
This provision does not apply to a structure in a building to which the public have no right of access. If not, the local planning authority must fix the removal notice to the structure or display it in the vicinity and serve a copy on the occupier of the land, if one is known, or if one can be identified.
If the removal notice is not complied with, within the time allowed at least 22 days beginning with the date of the noticethe authority may remove the structure and recover expenses reasonably incurred in doing so from anyone served with the removal notice.
Action can be taken against those responsible for fly-posting, the beneficiaries of fly-posting and the owners of surfaces that are the subject of fly-posting. Local planning authorities are able to recover their costs of removing fly-posting by direct action.
Section of the Act enables a local planning authority to remove or obliterate any placard or poster displayed illegally in their area. Before this power can be exercised, advance written notice must be given to anyone who can be identified as the person responsible for the display, that: At least 2 clear days after the date when the notice is served must be allowed before a local planning authority proceeds to remove or obliterate the display.
A local planning authority need not give notice where the placard or poster does not give the address of the person displaying it and the local planning authority does not know that address and is unable to ascertain the relevant address after making reasonable inquiry.
If a defacement removal notice is not complied with, a local planning authority can remove fly-posters and reclaim the costs of doing so. If this is not possible after reasonable enquiry, it may fix the notice to the surface.
The action notice requires the owner or occupier to take any specified measures provided these are reasonable to prevent or reduce the frequency of the unauthorised advertisements on the surface concerned.
At least 28 days must be allowed for action to be taken. If action is not taken, the local planning authority may take the specified action itself and recover expenses reasonably incurred from the owner or occupier.
If, however, damage is caused to land or chattels, compensation may be recovered by any person suffering the damage, but not if the damage was reasonably caused in carrying out the action. Expenditure cannot be recovered if the surface is on, within the curtilage of, or forms part of the curtilage boundary of, a dwellinghouse or forms part of a flat.
As with the removal notice, there are fixed grounds of appeal. Local planning authorities can take action against signs such as graffiti on surfaces which are readily accessible to the public, which it considers to be detrimental to the amenity of the area or offensive section F.
The local planning authority may serve a notice on the occupier of the premises requiring them to remove or obliterate the sign allowing at least 15 days to comply.
If there appears to be no occupier, the authority may fix the notice to the surface. If action is not taken within the time specified, the local planning authority may take the action itself and recover its expenses from the person who should have done it.
Expenses cannot be recovered if the surface is on, within the curtilage of, or forms part of the curtilage boundary of, a dwellinghouse. Local planning authorities also have powers to require statutory undertakers and bodies responsible for street furniture to remove graffiti.
The owner or the occupier of the land on which the surface is situated has a right of appeal against a defacement removal notice to the Secretary of State section I. Section of the Highways Act enables the highway authority to remove unlawful advertisements such as pictures or signs attached to any trees, highway signs, structures or works in the highway.
Rural areas are often included in areas of special control, which means that advertisement hoardings alongside motorways, trunk roads and railways in these areas are prohibited. Advertisement hoardings in other areas require express consent before they can be lawfully displayed.
Any advertisement, including any advertisement in the deemed consent classes, which does not comply with the conditions and limitations for its class also requires express consent. Advertisements on vehicles or trailers parked in fields, on verges or in lay-bys require express consent.Looking to issue a nice looking reference letter to an employee to help him get the new job easily?
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Definition of an advertisement Background. The display of advertisements is subject to a separate consent process within the planning system. This is principally set out in the Town and Country.
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