PART 8CONTROL OF ADVERTISEMENTS

Enforcement of regulations

231Power to remove or obliterate placard and poster

(1)

A planning authority may remove or obliterate any placard or poster displayed in its area if it considers that—

(a)

the placard or poster is being displayed in breach of control of advertisements regulations, and

(b)

it is appropriate in the interests of amenity or public safety to remove or obliterate it.

(2)

But subsection (1) does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.

(3)

Subsection (4) applies where a placard or poster—

(a)

identifies the person who displayed it or caused it to be displayed, or

(b)

does not identify the person who displayed it or caused it to be displayed, but gives publicity to the goods, services or other concerns of a person that it identifies.

(4)

The planning authority may not exercise its power under subsection (1) unless—

(a)

it has served notice on the person identified by the placard or poster that it—

(i)

considers the placard or poster to be displayed in breach of control of advertisements regulations, and

(ii)

intends to remove or obliterate the placard or poster at the end of the period specified in the notice, and

(b)

the period has ended.

(5)

The period specified in the notice must be at least 2 days beginning with the day after the day the notice is served.

(6)

For the purposes of this section, a placard or poster is not to be treated as identifying a person if—

(a)

it does not give the address of the person, and

(b)

the planning authority does not know the address and is unable to find it out after reasonable inquiry.

(7)

A planning authority may recover the costs it reasonably incurs in exercising its power under subsection (1) from a person on whom it has served a notice under subsection (4), but only if the notice stated that the authority intended to recover those costs from the person.