Agenda item

To consider a report by the Head of Highways and Environmental Services (copy enclosed) on the Council’s policy position in relation to the removal of unauthorised signs from highway land, and how the policy was being implemented.

10.55 a.m. to 11.30 a.m.

 

A copy of a report by the Head of Highways and Environmental Services (HHES), on the Council’s policy position in relation to the removal of unauthorised signs from highway land and how the policy was being implemented, had been circulated with the papers for the meeting.

 

The issue of unauthorised signs had been debated by the Committee on the 9^th September, 2014, and details of the outcome had been included in the report.  The latest guidance for officers had been included as Appendix 1, with the Council making a distinction between commercial, and non-commercial/community event signs.  Appendix 2 provided a list of examples, in order to illustrate how that distinction had been interpreted in practice.   It was felt that as the policy specifically referred to types of unauthorised sign which would be tolerated, it would be incorrect to refer to a “zero tolerance” policy.  Appendix 3 provided photographs of examples to assist Members.

 

In presenting the report the Lead Member for Public Realm emphasised the need for effective partnership working between several Council departments with a view to ensuring fair and equitable treatment for local businesses, to assist community groups, and protect residents' safety when dealing with unauthorised signs placed on highways land. 

 

Members expressed the following views and opinions during the ensuing discussion:-

 

- the policy had worked well in Prestatyn, where the problem had virtually been eradicated.  A feasibility study had recently been commissioned by Prestatyn Town Council to examine whether it would be viable to offer businesses  advertising space on boards erected in Town Council owned bus shelters, for which a fee would be charged;

 

- there had been concerns in other towns about the policy's implementation, particularly the perceived lack of a consistent approach in its implementation, and there was a need for a clear definition of various categories of events e.g. community events;

 

- in straightforward cases, the policy could be implemented directly by officers.  However, in cases where difficulties were likely to occur, the local member should be given the opportunity to contact the event organiser or business regarding the signs.  This should be done as early as possible in the process. 

 

- unless highway safety was compromised, the first stage of the process would be to contact the owners of the signs and/or the organisers of the event, in order to try and resolve the situation.  If the situation could not be resolved, the local member should be alerted immediately;

 

- it would be useful for tourist information signs to be included on existing road signs i.e. emblems to denote the facilities available at a village/town, and

 

- for the findings of the Planning, Economic Development and Highways Services working group's work to be presented to scrutiny in due course to ensure that it supported the Council's vision and delivery of its Corporate Plan;

 

The Leader registered his concerns about the need to strike an appropriate balance between the Council's rights and duties with respect to highway safety enforcement action and its economic development role.  The Council needed to be seen to be nurturing and supporting business in the county. 

 

Responding to Members' questions the Head of Service and Lead Member:-

 

· stressed that officers would willingly apply whichever policy members deemed appropriate in relation to this problem, as long as it did not compromise highway users' safety;

 

· emphasised that the policy was not a zero-tolerance policy, it had been drawn up in response to members' concerns with respect to the proliferation of unauthorised signs across the County, particular reference being made at a previous meeting to the highway through Lôn Parcwr, Ruthin;

 

· drew Members' attention to the definition of community events, charity events etc. as detailed in Appendix 2 to the report;

 

· explained the differences between public highways enforcement action and planning laws;

 

· acknowledged that mistakes had been made in 2014 when signs, advertising community events already included in the County's Events Strategy, had been taken down as part of the implementation  of this policy.  Assurances were provided that this would not happen again this year as officers had now been issued with guidance and definitions on these types of events.  It would be useful if Members could ask event organisers to contact the Highways Service to advise them of when and where promotional signs for community events were going to be erected, as the Service could then advise on the suitability of the location on safety grounds;

 

· The Corporate Director:  Economic and Community Ambition had commissioned a piece of work to look at how Highways, Economic and Business Development, and the Planning Services could work better together for  the purpose of developing the local economy, striking an appropriate balance between enforcement and business support activity, and supporting local businesses.  Part of this work would include the compilation of a 'welcome pack' for new businesses which would detail what they could and could not do with respect to advertising their businesses.  Until this work had been completed the current policy would be applied, but officers would be advised to have regards to the definition of various types of events as per Appendix 2 to the report;

 

· confirmed that 'A' Boards were permitted immediately outside businesses as long as there was sufficient thoroughfare to ensure pedestrians' safety;

 

At the conclusion of the discussion the Committee emphasised that a common sense approach to the policy's application was required, with local Members being made aware of any problems within their areas as soon as they came to light.  Business people and community groups needed to be engaged and involved with the process from an early stage in a bid to support them to achieve their aspirations and the Council to deliver its economic development and clean and tidy streets corporate priorities, whilst also upholding its community safety duties.  It was:-

 

RESOLVED – that subject to the above observations -

 

(a)  to support the principles outlined in the guidance, its continued application and the development of a 'business welcome pack' to assist and support new businesses to establish themselves and promote their services within permitted practices;

(b)  express support for Denbighshire officers who have to implement the policy, sometimes in difficult circumstances;

(c)  that the policy guidance should be amended to incorporate the involvement of local members in the process;

(d)  to support the principle of claiming back costs from any serial offenders who choose to ignore written warnings, and/or any requests from local members, and continue to place signs illegally;

(e)  support the separate initiatives that are being developed in relation to properly authorised signs and advertisements, especially tourism signs and neighbourhood signs (in areas where several businesses coexist); and

(f)  request that the findings of the Highways, Economic Development and Planning Services' working group work be presented to scrutiny upon completion to ensure that it supports the Council's vision and the delivery of its Corporate Plan.