The Council has carried out a significant programme of pedestrianisation in the Town Centre, using high quality paving and street furniture. The overall aim of these works has been to enhance the environment and to attract people and businesses into the town centre.
One of the many benefits of pedestrianisation schemes is that quite large areas of the town are virtually vehicle free and this creates a safer environment for people to shop and socialise. Businesses are obviously keen to advertise their goods or services and there has been a marked increase in advertising or 'A' boards in the Town Centre in recent years. However the placing of an 'A' board in the highway could be classed as wilful obstruction, and the provision of 'A' boards on the highway needs to be regularised and controlled by the Council.
The legal position with regard to such consents is summarised below, and whilst the explanation is quite lengthy, it is important to explain the position as fully as possible.
Planning and highway considerations
An 'A' board is an advertisement for the purposes of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992, and requires express consent of the Council.
Firstly, any person who wishes to place an 'A' board on the highway must obtain advertisement consent from the Council acting in its capacity as the planning authority for the borough.
- Applications for advertising consent should be made to: Head of Planning and Transportation Service, Rotherham Borough Council, Bailey House, Rawmarsh Road, Rotherham S60 1TD
- In considering an application for advertisement consent, the planning authority will have regard to the effect on the amenity of the locality and public safety.
- The appropriate form is
Form RP/2 (10Kb). A standard planning fee will be charged, details of which are available on Form AN (15Kb).
Secondly, an applicant having obtained advertising consent must also obtain the Council's consent, acting in its capacity as highway authority for the borough. Applicants for highway consent should be made to: Head of Streetpride Service, Rotherham Borough Council, Bailey House, Rawmarsh Road, Rotherham S60 1TD
- The highway authority will consent to the display of 'A' boards on the highway where advertising consent has been granted and the applicant enters into an agreement with the highway authority, on terms and conditions specified by the authority.
- The highway authority will require the immediate removal of an 'A' board, or physically remove it where it endangers public safety. The 'A' board will also be removed from the highway where advertising consent has not been granted, or the highway authorities consent has not been given.
- There is no fee attached to the consent of the highway authority.
Penalties
It is an offence to contravene the planning acts and is punishable, upon conviction at the magistrates' court by a maximum fine on level 3 of the standard scale (currently £1,000) and, in the case of a continuing offence £100 per day for each day following conviction.
It is an offence under Section 137(1) of the Highways Act 1980 to wilfully obstruct the highway. This offence, punishable upon conviction at the magistrates' court by a maximum fine on level 3 (currently £1,000).
Guidance for the Siting and Location of 'A' Boards
1. Where at all practicable, the 'A' board should be sited directly adjacent to shop frontages, ie within 600 mm from the shop frontage, be sited wholly within this area and at least 1.8 m of clear footway past the premises should be retained free from all obstructions.
2. The siting of 'A' boards in line with existing street furniture outside shop frontages may also be acceptable depending upon location.
3. Only one advertisement per normal shop/commercial premises frontage (up to 6 m wide) should be proposed.
4. The advertisement should be at least 1 m from the entrance door, be placed within the length of the premises and be a minimum height of 1 m and a maximum height of 1.2 m.
5. Where multiple occupancy premises share joint accesses, the principles set out in 1-4 should apply.
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