COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 22, 2014
QUESTION NO. 40
QUESTION: Councillor F. Timmons
To ask the Chief Executive what can be done to stop and prevent the putting up of illegal signs offering “Cash for cars“ and similar such signs all pasted on road signs, Light posts etc. throughout your SDCC?
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/ light posts etc) requires a Licence under Section 254 of the Planning and Development Acts 2000 -2010 & the Planning and Development Regulations, 2001 - 2011. 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 both the Transportation and Environment SPC in order to consider best practice for signage for discussion / reassessment / review.
Nonetheless it should be noted that all prohibitions and restrictions imposed by statute must be observed at all times.
“Cash for Cars”
It is widely known that there are widesale difficulties nationwide with illegal signage “Cash for Cars”.
It is believed there a few different networks of offenders involved in this activity and enforcement of the Litter Pollution Act in relation to these signs has been problematic.
Issuing fines are proving problematic and in certain cases, even when fines issue where registration numbers from vehicle are obtained, fines delivered by registered post, to the addresses of alleged offender are returned stating “gone away” and the case could not proceed. Nonetheless, we will continue to carry out vehicle registration check in an attempt to initiate a Direct Prosecution against the registered owner of the vehicles.
Similarly, as signs are removed, they are being re-erected as quickly. There were also issues in relation to intimidation of witnesses and staff who removed such signage.
Other illegal signage
There is also an ongoing problem with erection of other illegal signage, and despite the issuing of multiple fines to offending companies, this is not acting as a deterrant. For example during 2013 34 fines in the amount €5,100 issued to one offending company and every fine was paid, while to date in 2014 a total of 14 fines in the amount of €2,100 have been issued and all have been paid. It is now intended to pursue Direct Prosecutions in relation to ongoing breaches and two (2) prosecutions are listed for October 2014 court.