COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 14, 2014
QUESTION NO.2
QUESTION: Councillor M. Devine
To ask the Chief Executive for a clear statement regarding the criteria for businesses premises signage and advertisment and that this be brought to the Environment SPC for reassessment/review?
REPLY:
The primary legislation governing Advertisements and the erection of Signs is - The Planning and Development Acts 2000 – 2010, (Planning and Development Regulations 2001 2010) and the Litter Pollution Act 1997.
Anyone wishing to erect a permanent sign/advertisement on private property requires the benefit of planning permission, unless it is exempted under the Exempted Development - Advertisements Regulations - List of Exemptions (See Part 2 - Planning & Development Regulations 2001 - 2011).
Anyone wishing to erect / construct/ place and maintain a permanent sign/advertisement on public property (eg along a public road) requires a Licence under Section 254 of the Planning and Development Acts 2000 -2010 & the Planning and Development Regulations, 2001 - 2011.
Auctioneers Signs fall under the provisions of the Litter Pollution Act 1997 as amended and the Planning & Development Regulations. Such advertising signs are classified in the Planning & Development Regulations as “exempted development” thereby do not require planning permission. However they are specifically addressed under “Class 9” (Part 2) of that Act which sets out the manner, and conditions under which such signs must be displayed:
1. Only one sign can be displayed on the structure or land to which it refers,
2. The sign must not exceed specified measurements,
3. The sign must be removed within seven days after the sale, or letting.
No sign therefore, (directional or other) can be displayed at a distance away from the property to which it refers. Anyone wishing to erect such signs is required to make an application to the Planning Authority prior to the display of a sign.
South Dublin County Council adheres to the Ministerial directive in relation to the use of the Department of Transport’s Traffic Signs Manual (2010)(TSM). Chapter 4 of the the manual gives guidance on the type of facility, typically a tourist destination, that may be signed. Such information signs assist the business operators, service users and the Roads Authority, aiding the efficient flow of traffic in the case of the latter.
Signs, which are not classified as “exempted development” and without relevant planning permission, contravene Sections 19 of the Litter Pollution Act 1997 as amended. This section, as amended, provides for the following in relation to signage:
(1) Where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not-
(a) exhibit or cause to be exhibited there on any article or advertisement, or
(b) carry out or cause to be carried out any defacement thereof by writing or other marks, unless, in either case, the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by under any enactment, and, in addition, in the case of paragraph (a), the article or advertisement-
(I) if it relates to a meeting or an event, carries the name and address of the person who is promoting or arranging the meeting or event, and
(ii) in any other case, carried the name and address of the person on whose behalf it is exhibited.
(2) A person shall not place advertising material on a mechanically propelled vehicle in a public place otherwise than by securing the material by some mechanical means to the body of the vehicle.(2A) For the purposes of subsection (2)-
‘body’, in relation to a mechanically propelled vehicle, does not include
(a) any windscreen wiper, wiperblade, mirror or aerial, or
(b) any other part of the vehicle concerned that is not specifically designed or adapted for the purpose of securing to it the material concerned;
‘mechanical means’ does not include any means relying on or involving any pressure (of whatever amount or in whatever direction) exerted by-
(a) any windscreen wiper or wiperblade, or
(b) any other part of the vehicle that is not specifically designed or adapted for the purpose of employing pressure in order to secure the material concerned to the body of the vehicle.
It is proposed to bring proposals on the provision of signage to the Transportation SPC in order to consider best practice for signing tourist and other destinations within the County. It is also intended to bring the matter of advertising / signage to the Environment SPC for discussion / reassessment / review.
Nonetheless it should be noted that all prohibitions and restrictions imposed by statute must be observed at all times.