Introduction
The Town Council has powers to remove illegal advertising within Bishop’s Stortford, supplementing the enforcement action already taken East Herts District Council. This more pro-active enforcement regime in the town contributes to a tidy and pleasant environment.
Legisation
Advertising of all kinds is regulated by Section 224 of the Town and Country Planning Act 1990, The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 and the Highways Act 1990 (S225).
For many practical purposes they can be summarised as:
- Advertising of any kind requires express consent from the planning authority unless the advertising falls into a list of exceptions/deemed consents specified in the 2007 regulations. Display of advertising contrary to these regulations is an offence.
- Advertising on highways property is an offence without the permission of the Highways Authority.
- All advertising requires the permission of the owner of the land on which the advert is displayed.
The list of exceptions and deemed consents is quite extensive and for the detail you should refer to the regulations which are available online. One of the important cases where the exceptions permit (temporary) advertising is for local events of specific types not carried out for commercial gain. If your advertising needs could fall into this category then you should read the more detailed guidelines in the document below:
Enforcement
The Town Council has adopted an enforcement policy. Essentially we will (subject to certain practical limitations) remove illegal advertising which is readily visible from the public realm.
The Town Council is conscious that organisations, particularly charitable or voluntary organisations, need to make the general public aware of their events and is committed to helping wherever possible:
- We provide, in most cases, free listing on our website and in leaflets handed out in the Tourist Information Centre.
- A legal banner site is available in South Street for use by charitable organisations.
- The document below sets out the guidelines which set out what types of event advertising are permitted where the event in question is not for commercial gain. It is strongly recommended that Charities in particular read this document.
A-Boards
The use of A Boards is regulated and enforced by Hertfordshire Highways not by the Town Council.
How to use A Boards – A Hertfordshire County Council guide for businesses
- A Boards are your responsibility. You must have public liability insurance cover of at least £5 million.
- You must leave at least 1.8 metres of clear space on the pavement so that people can pass, including those with disabilities.
- A Boards can't be placed within 2 metres of any sign, pillar, post or other display.
- A Boards can't be within 2 metres of any tactile paving such as marked or raised slabs for the visually impaired.
- You must consider other facilities in the area and remain at least 2 metres away from bus stops and pedestrian crossings.
- A Boards can only be displayed during trading hours. You must remove them at the end of each day.
- The access and exits to any premises, including emergency exits, must be kept clear. During an emergency you must remove the A Board if instructed to do so.
- Where more than 1 business occupies a premises, only 1 A Board is allowed.
- You mustn't attach any equipment to the pavement or items of street furniture.
- You must get consent from the appropriate planning authority if you want to place an A Board in a conservation area.
Businesses don't need a licence to display an A Board, but they must make sure boards are the right size and they're used safely. Hertfordshire County Council will remove boards that don't follow their guidelines which are outlined in the PDF document below.