COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF ECONOMIC DEVELOPMENT SPC
Wednesday, September 14, 2011
HEADED ITEM NO. 5
Policy on the Control of Non Statutory Signage in the Public Domain
Introduction
Advertising is an accepted part of business and providing information to the general public. However advertising signs, separately, or more particularly in groups, can often cause injury to amenities and can detract greatly from the appearance of an area or building. They can also be a major distraction to road users.
As with all signage, local information signs are an aid to safe and efficient navigation intended to complement, but not replace, pre-planning of the journey and the use of verbal instructions, maps and road atlases.
The Council receives numerous applications from private commercial companies / premises requesting local informational signage be installed on public roads and these applications have generally been viewed in a negative manner on the basis that they are not warranted, may constitute a traffic hazard, would lead to a proliferation of such signage and ultimately be unsightly and ineffective.
However throughout South Dublin there is a large amount of signage that has been erected without permission. Unauthorised local information signage has been erected in areas that detract from statutory directional and regulatory signage. These unauthorised signs are quite often erected in areas that constitute a hazard to pedestrians and those with visual impairments.
There has been an increase in the level of illegal signage which undoubtedly creates a poor impression of the county as a place to do business and the Council is taking action under the Litter Act where these signs are on public property. However it is intended to develop a policy document which will regularise the provision of new signage, address the legacy issues of the existing situation and provide a clear and concise approach in a single document to the issue. This document would bring together all of the relevant legislation and enable businesses to navigate through their obligations to provide legal signage.
The signs range from small B & B signs to the larger advertisement signs for a product, a company or an event. These signs are being erected by the public at various locations throughout the County, especially at junctions and at the approach roads to the Towns and Villages.
In accordance with the Roads Act 1993 and the Planning and Development Act 2000, advertisement signs along the public road require the approval of the County Council in the form of a licence or planning permission. The Litter Pollution Act 1997 also prohibits unauthorised signs on the public roads and empowers the Council to remove them and to issue fines. Considerable numbers of fines have been issued in this regard already.
Unauthorised advertisement signs at various locations throughout the County, especially on the approach roads to the Towns and Villages are both unsightly and often hazardous to road users. In addition, these unauthorised signs clutter up both the roads and the footpaths and often hinder the reasonable use of the public road.
This policy is concerned with advertisement structures in the public domain and typically, will address advertisement structures which would include directional signs to tourist accommodation, tourist attractions, cultural, sporting, commercial and industrial premises. This policy relates to signage on the public road and does not, at present, relate to signage within private property.
There are a number of other types of signs permitted along a public road such as regulatory, warning and information signs, these are usually erected by the Council or the National Roads Authority. This policy does not relate to this type of signage.
It should be noted that the legislation does not apply to signs which relate to a presidential election, a general election, a bye-election, a local election, a referendum or an election of members of the European Parliament unless the sign has been in position for 7 days or longer after the latest date upon which the relevant poll was taken.
Legal Framework
This policy does not change the responsibilities of South Dublin County Council under the Planning and Development Acts 2000 to 2006, the Roads Act 1993, or the Litter Pollution Acts 1997 to 2003 but is intended to strengthen the Council’s position with regard to unauthorised signs in the public domain.
The following have responsibilities for dealing with unauthorised advertising signs:
1. South Dublin County Council, Roads Section (under Roads Act)
2. South Dublin County Council, Planning Section (under Planning and Development Act)
3. South Dublin County Council, Environment Section (under Litter Act)
4. The Gardaí (under Roads Act)
Background
This policy which is proposed to be developed by the collaboration of the Roads & Transportation Strategic Policy Committee; the Environment Strategic Policy Committee and the Planning and Development Strategic Policy Committee; is intended to cover non statutory signs that are erected within the public domain.
Examples of some of the non statutory signs include:
1. Small advertisement signs – normally tied or nailed to existing signs or poles;
2. Finger post B & B signs – normally erected along road verges;
3. Sandwich board advertisement signs – normally erected on footpaths;
4. Large billboard type signs- normally erected along road verges;
5. Large signs mounted on trailers- - normally erected along road verges;
6. Large signs mounted on vans- - normally erected along road verges; and,
7. Vehicles being advertised for sale along the public road.
Definitions:
Sign is defined in Section 71(9) of the Roads Act 1993 as
“"sign" includes any sign, hoarding or other structure used for the purposes of advertising”.
Advertisement structure is defined in the Planning and Development Act, 2000 as
“any structure which is a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not) and which is used or intended for use for exhibiting advertisements or any attachment to a building or structure used for advertising purposes”.
Public road is defined by the Roads Act, 1993 as:
“a road over which a public right of way exists and the responsibility for the maintenance of which lies on a road authority”.
Road is defined in the Roads Act, 1993 and includes
“(a ) any street, lane, footpath, square, court, alley or passage
( b ) any bridge, viaduct, underpass, subway, tunnel, overpass, overbridge, flyover, carriageway (whether single or multiple), pavement or footway,
( c ) any weighbridge or other facility for the weighing or inspection of vehicles, toll plaza or other facility for the collection of tolls, service area, emergency telephone, first aid post, culvert, arch, gully, railing, fence, wall, barrier, guardrail, margin, kerb, lay-by, hard shoulder, island, pedestrian refuge, median, central reserve, channelliser, roundabout, gantry, pole, ramp, bollard, pipe, wire, cable, sign, signal or lighting forming part of the road, and
( d ) any other structure or thing forming part of the road and
(i) necessary for the safety, convenience or amenity of road users or for the construction, maintenance, operation or management of the road or for the protection of the environment, or
(ii) prescribed by the Minister”.
Public Domain is defined as
“any area to which the public have free, uncontrolled and unobstructed access.
Without reference to the generality of the foregoing, this includes any park as defined in the South Dublin County Council Parks and Open Spaces Bye-Laws 2011 including any associated areas of water; all public roads and public carparks and all property owned by the Council to which the public have access.
For the purposes of clarity the Public Domain shall also be deemed to include any part of the public road or road as defined above, and all public right of way;
and shall extend from the face of any boundary wall, fence, railing, façade and other boundary treatment including up to the centre line of any ditch.
It shall also include any sign where more than 50% of the overall area of the sign is located in the Public Domain as defined above.
For the avoidance of doubt, if the façade of any building directly forms the boundary with the public domain then any sign howsoever erected on the façade of that building shall be deemed to be in the public domain for the purposes of these guidelines”.
Permanent Signs
Permanent or long term signs can be defined as signs erected on metal, wooden, plastic or other durable poles with concrete base or permanently fixed to the ground, including large hoarding type signs or finger post signs. These signs must be approved in advance by the Roads Department and will generally require the applicant to meet the full cost of any application, procurement and erection costs.
Examples of permanent or long term signs include:
• Tourist attractions (For a “Tourist Attraction” to qualify for signposting it must be recognised by Bord Fáilte as being predominantly a tourist interest rather than a retail outlet.) including Tourist accommodation, Hotels, Guest Houses, Bed and Breakfast, Caravan/Camping Park.
• Industrial and Business Premises or Estates
• Towns and Villages
• Sports Facilities
• Public buildings – Garda Síochána, Town Hall, Railway Station, Institute of Technology
• Finger post signs.
• Local Authority Regulatory signs (policy is not concerned with these type of signs)
• Some Auctioneers signs.
• Neighbourhood Watch / Community Alert Signs
Temporary Signs
Temporary signs can be defined as signs erected on flimsy or mobile structures and made of materials with a limited life expectancy, such as paper, corri-board, timber or light plastic. It is proposed that such signage will not be permitted and that the appropriate enforcement regime will be implemented to prevent such signage remaining in the public domain.
Examples of short term signs include;
• Small advertisement signs. These can be stand alone or tied or nailed to existing signs or poles
• Sandwich board signs or other similar signs
• Billboard type signs
• Signs mounted on trailers
• Signs mounted on motorised vehicles
• Bridge drapings
• Cars for sale
• Some forms of Auctioneers signs
Examples of the types of events which can be promoted using this form of advertisement include:
• Auctions.
• General commercial sales
• Agricultural or other shows
• Recreational or sporting fixtures
• Political and Election literature
• Circuses, Concerts, Theatre
• Meetings, Festivals, Fundraisers, Local Interest, Religious,
• Cultural, Educational or Social events.
• Event Promotion.
• Certain Community / Not for Profit Signage
It is proposed however that certain temporary signs promoting charity, sporting and cultural events may be allowed subject to a licence being granted in advance of the erection of the signs. These signs must comply with Class 16, 17 and 18 of the Planning and Development Regulations 2001 outlined as follows:
Class 16 This including any local event of a religious, cultural, educational, political, social, recreational or sporting character not being an event promoted or carried out for commercial purposes.
Class 17 Advertisements relating to the visit of any travelling circus, funfair, carnival, show, musicians, players or other travelling entertainment.
Class 18 Advertisement relating to any demonstration of agricultural methods or processes on the land on which the advertisement is exhibited.
It should be especially noted that any license granted for the erection of these signs must comply with the Roads Act 1993 and must not cause a hazard to road users.
Excluded Signs
The Council will not consider granting licences for any signs which involve commercial sales advertising. This will include commercial event promotions such as sales, wedding fairs, house & home exhibitions, antique fairs and any other profit making event.
Under no circumstances will the parking of vehicles on the side of the public road with advertisements for sale be permitted.
Permitted Tourism Signage (White symbols/letters on brown background)
The National Roads Authority has published its own Policy on the Provision of Tourist and Leisure Signage on National Roads which clearly sets out its approach to this issue for all motorways and national roads. The council will fully support the NRA in achieving its objectives in this regard.
In all other cases a tourist destination will normally be defined as a permanently established destination that attracts or is used by significant visitor numbers. Signage may be permitted for significant tourist attractions and facilities in the following cases:
• Visitor and interpretative centres
•Historic buildings
•Museums
•Parks and Gardens
•Heritage sites
•Scenic routes
• All National Sporting facilities within or adjacent to the county
•Public Golf courses
•Principal GAA, Soccer and Rugby grounds
• Theatres
• Racecourses
• Hotels and Conference Centres
• Leisure Centres
• Holiday Parks and Caravan and Camping Parks
• Youth Hostels
• Picnic Sites
• Tourist Information Centres
The above list is not exhaustive but gives a broad indication of the attractions and facilities coming within the tourist destination categories.
Permitted Local Information / Advisory Signage (Black symbols / letters on White background)
A local information/advisory direction is normally defined as a permanently established destination that attracts or is used by the public and of interest to the local community particularly where destinations may be difficult to find. This signage may be permitted for significant local attractions and facilities for the following:
• Community Centres
• Parish/Pastoral Centres
• Churches
• Burial Grounds
• Cemeteries
• Hospitals
• Blood donation clinics
• Citizen advice centres
• Commercial centres
• Certain Fire Safety Signage
• Certain Health and Safety Signage
• Certain Private Pay and Display notices
• Certain Private Car Parking signage
• Certain Security / CCTV Monitoring Signage
The above list is not exhaustive but gives a broad indication of the local attractions and facilities coming within this category.
Temporary event signage
Subject to licence this signage may be permitted to advertise an upcoming event-taking place in the community e.g. Fund raising events, drama group performances, Sale of Work events etc.
Proposed Application Fees and Annual License Fees
It is proposed to introduce a schedule of application fees and annual license fees for the erection of all signage. These fees will be in addition to the actual costs that will be incurred where the Council agrees to procure and erect signs. For non-profit making organisations requesting permission to erect event signage, it is proposed that there will be a 50% reduction in fees.
All licences will be time limited and applicants must make a renewal application in good time before the current license expires. Failure to apply in good time will leave the applicants open to prosecution under the relevant enforcement provisions as the sign will no longer be authorised.
License conditions
All licences will be issued subject to a range of conditions. Among the conditions that will be included generally are:
• You must remove signs within two days of the event ending.
• If you fail to remove the signs on time then the Council’s Litter Wardens will remove any signs including those erected at places other than those specified and they will issue appropriate fines for each sign
• You may put only one sign on each pole.
• You may erect a maximum of 10 directional signs in the County for any one event. In the case of public meetings, no more than 20 signs may be erected
• The name and address of the person / organisation organising the event is clearly shown
• Signs must not be erected more than seven days before the event.
• You must not put signs for events on motorways or national routes (for example Motorways (M50) or National Roads (N4, N7, N81 / 82).
• You must not put signs on bridge parapets, traffic islands or roundabouts.
• Signs must not be within 30 metres of a junction (approach and exit).
• Signs must not be bigger than 500mm x 500mm.
• You must not erect sign poles or use 'sandwich board' signs.
• Signs must not obstruct (or distract from) existing road signs.
• Signs must be between 2.1 and 3 metres above the footpath or other surface.
• Signs must be set back at least 0.3 metres from the kerb.
• Signs must be attached securely so that they are always safe for pedestrians and vehicles. The Council accepts no responsibility for any damages that may arise from the improper use or installation of event signage. The licensee is solely responsible for their event signage.
• Signs must be erected in line with any extra conditions set out by the Traffic Section if approval is given. These conditions may relate to location, size and other requirements.
• You must ensure that all fixings are removed when signs are being removed.
• Applicants must ensure that they take responsibility under Health and Safety legislation.
Issues
Some of the more common issues that have arisen in the day to day operation of the various statutes include:
· The cost and time involved in informing the sign owner of the intention to remove it because it is an unauthorised sign.
· The size of the sign and the necessary time and equipment required for removal of it to the Council depot / stores.
· The labour and plant costs involved in removing the signs.
· The amount of available space in the Council depot / stores for the storage of these signs.
· The length of time that the signs should be stored for so they can be reclaimed.
· The labour, plant and disposal costs involved in breaking up the signs that have not been reclaimed and their disposal and the associated costs
· The lack of available funds in maintenance budgets to cover the cost of the works involved.
· The collection of money paid to the County Council by sign owners who reclaim their signs.
· The redistribution of these funds back into the areas that the funds were collected in so as to offset the costs charged to the relevant maintenance budget.
· The time involved in contacting the sign owner. If the sign is advertising a sale for the very next day, by the time you contact the sign owner and allow him 24 hours to remove the signs the sale could be over.
· Consideration of any circumstances when the erection of advertising signs should be allowed in the absence of a clear policy and inconsistencies in approach across departments and areas. For example if a sign is advertising a special event such as the Special Olympics or a festival that will help promote tourism in an area?
· Queries regarding the Council’s liability for any damage that may occur to signs during their removal or storage?
· The litter problems that the small advertisement signs which are not being removed are causing
· The need to ensure that the costs of removing the signs are balanced in a sustainable way with the revenue source
Policy Objectives
The policy of South Dublin County Council shall be:
· To provide a standard of signage information that will promote the safety of road users;
· To facilitate the ease of navigation using an appropriate combination of signs;
· To promote a safer environment for pedestrian usage with particular reference to the mobility impaired;
· To have regard to Government and National Roads Authority policy;
· To adopt consistent technical standards, which facilitate road user recognition and comprehension;
· To encourage the use of the Irish language in signage and to comply with the Official Languages Act 2003 by ensuring that all new signage are bi-lingual as required
· To ensure that signage complements, rather than dominates or intrudes upon, the character and visual amenity of an area;
· To encourage the rationalisation of signage;
· To utilise existing structures for the erection of signage as far as practicable;
· To remove unauthorised advertisement structures;
· To provide clarity for businesses / groups / individuals seeking to erect signage;
· To process applications for licences in accordance with the criteria set out in this policy.
- To ensure that signage does not litter the county and provide an anti-business / trading and inequitable environment
Steps to be Taken by Council to Support Policy
The Council will take the following steps in an effort to help gain compliance with its Policy on the Control of Non Statutory Signage in the Public domain:
a) The Council will produce an advertising campaign within one month of adopting this new policy informing the general public of its intent to remove all unauthorised advertisement signs from the public domain starting on a stipulated date;
b) After the initial once-off public advertisement campaign has been completed, the Council will issue fines and / or remove without issuing any further notices or warnings any unauthorised signs from the public domain;
c) Where the Council removes signage, it will store or get some other person or body to remove and store any unauthorised signs for a period of one month after the date the owner has been notified or six weeks from the time it was removed, whichever is the longer;
d) The Council will notify the owner (where the owners name and address is reasonably identifiable) informing them that the sign has been removed and stored. This notice will give the whereabouts of the sign and require that it be claimed within one month of date of notice or else it will be disposed of.
e) The Council will require a person recovering a sign to make a written declaration stating that they are the owner of the sign or they are there on the authority of the owner. In addition, the Council will require the person recovering the sign to pay the cost of the removal and storage before being able to recover it.
f) The Council will dispose of unclaimed signs, after the expiry of the stipulated timeframe in the Notice to Owner, in accordance with Section 84 of the Roads Act 1993. The Council will attempt to sell unclaimed signs for the best price reasonably obtainable and the Council will deduct its costs for the removal, storage and sale of the sign.
g) Any balance of monies over and above the Council costs will be paid to the Owner of the sign. If in the Council’s opinion, the unclaimed sign would cost more to sell than the sign is worth, then the Council will be free to do away with the unclaimed sign by another means and no money will be due to the Owner. In addition, if an unclaimed sign is offered for sale and nobody purchases the sign, the Council will be free to do away with the unclaimed sign by another means and no money will be due to the Owner.
The Council recognises that many businesses in the County use these signs as a means of advertising. While the Council does not want to portray an anti-business message, it does recognise that it has obligations as both the Roads Authority and the Planning Authority for the County. The Council believes that it is possible to achieve a balance between the needs of the general public who use the public roads and the businesses who wish to advertise and that it is possible for the Council to fulfill its obligations under the Roads Act. All of this can be achieved in a sustainable way. It is important that all businesses are given an equal opportunity for trade rather than those that invest in illegal signage having a competitive advantage.
It is believed that the new policy will be consistent with the Roads Act, the Planning Act, the Litter Act and the County Development Plan and that the formulation of the policy by the SPC Committees and subsequent adoption by the County Council should serve to strengthen the efforts of the Council in dealing with unauthorised signs in a fair and reasonable manner throughout the county.