COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 20, 2016

QUESTION NO.19

QUESTION: Councillor C. O'Connor

To ask the Chief Executive to confirm if there are any restrictions applying to the owner of premises which erect large banner type signs or hoardings along the boundary railings or fencing surrounding their premises and generally affixed to the public side of such railings which then effectively "wrap" the railings of a premises and will he also confirm if there is any effective enforcement actions open to our Council under any of the statutory codes to have such banner signs and hoardings removed and will he present an update to members.

REPLY:

Relevant Definitions:

From class 9 of Schedule 2 Part 2 of the Planning Regulations (as amended);

“advertisement” means any word, letter, model, balloon, inflatable structure, kite, poster, notice, device or representation employed for the purpose of advertisement, announcement or direction;

“advertisement structure” means 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;

Banner type signs or hoardings are included under “advertisement”

In accordance with the Roads Act 1993 (as amended), and the Planning and Development Act 2000 (as amended), advertisement signs along the public road require the approval of the County Council either in the form of a licence on public lands or planning permission on private lands.

Unauthorised advertisement signs at various locations throughout the County, can be 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.

Signage on the public road or on public lands in the public realm is a matter for the Roads Act 1993 (as amended), while signage on private property relates to the Planning and Development Act 2000 (as amended) and that generally requires planning permission, unless exempted under the Planning Regulations. Signs considered a traffic hazard cannot be deemed exempt.

There are a number of signs on public lands along a public road such as regulatory, warning and information signs, these are usually erected by the Local Authority. Other signs erected as permitted under licence on public lands would include directional signs to tourist accommodation, tourist attractions, cultural, sporting, commercial and industrial premises.

The above does not apply to signs which relate to a presidential election, a general election, a bye-election, a local election, a referendum, an election of members of the European Parliament unless provided the sign has been in position for more than 7 days or longer after the latest date upon which the relevant poll was taken and is not a traffic hazard.

Signs on public lands require to be authorised under the Roads Act 1993 (as amended) and can be removed under that legislation.   Signs on private lands, subject to some exemptions, require planning permission under the Planning and Development Act 2000 (as amended) and can be subject to planning enforcement under that legislation to secure their removal, and the discontinuance of the use of boundary railings or fencing surrounding a premises as an advertising support structure.

Large banner type signs or hoardings along the boundary railings or fencing surrounding their premises and generally affixed to the public side of such railings which then effectively "wrap" the railings of a premises could be subject to both statutory provisions.

If the boundary railings or fencing surrounding a premises is on private land and in private ownership planning permission would be required, both for any "large banner type signs or hoardings" and for the use of the railings or fencing as an advertising support structure. If no permission has been obtained, Planning Enforcement under the Planning and Development Act 2000 (as amended) could seek the removal of the "large banner type signs or hoardings" and the discontinuance of the use of a the railings or fencing as an advertising support structure in perpetuity. However a limit on the Planning and Development Act 2000 (as amended) arises where action is prohibited after 7 years from the commencement of the unauthorised development.

If the boundary railings or fencing surrounding a premises is on the actual boundary of private land and public property, it could therefore be in joint ownership. Any part of the "large banner type signs or hoardings" that oversails public property can be removed under the Roads Act 1993 (as amended), while the use of the private side of the boundary railings or fencing surrounding a premises as an advertising support structure would require planning permission. The Planning and Development Act 2000 (as amended) however requires that the applicant has sufficient legal interest to carry out the development and would therefore require the agreement of all legal interests.

There are certain exemptions from requiring planning permission for advertising under the Planning and Development Act 2000 (as amended). These are mainly size related and accordingly "Large banner type signs or hoardings” would be unlikely to be exempt. In addition no exemption can be claimed for any advertising, hoarding or banner deemed a traffic hazard.

If the boundary railings or fencing surrounding a premises is totally on public land, "large banner type signs or hoardings" could be removed under the Roads Act 1993 (as amended).