Modifications etc. (not altering text)
C1Pt. VIII (ss. 197-225) except s. 223 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(1)(b)
Pt. VIII (ss. 197-225) applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 2(2)
Pt. VIII (ss. 197-225) modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
(1)Subject to subsections (2) and (3), the local planning authority may remove or obliterate any placard or poster—
(a)which is displayed in their area; and
(b)which in their opinion is so displayed in contravention of regulations made under section 220.
(2)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)Subject to subsection (4), where a placard or poster identifies the person who displayed it or caused it to be displayed, the local planning authority shall not exercise any power conferred by subsection (1) unless they have first given him notice in writing—
(a)that in their opinion it is displayed in contravention of regulations made under section 220; and
(b)that they intend to remove or obliterate it on the expiry of a period specified in the notice [F1and recover from him the costs they may reasonably incur in doing so] .
(4)Subsection (3) does not apply if—
(a)the placard or poster does not give his address, and
(b)the authority do not know it and are unable to ascertain it after reasonable inquiry.
(5)The period specified in a notice under subsection (3) must be not less than two days from the date of service of the notice.
[F2(6)Where—
(a)a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and
(b)the person fails to remove or obliterate it within the period specified in the notice,
the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).]
[F3(7)This subsection applies in relation to a placard or poster where—
(a)the placard or poster does not identify the person who displayed it or caused it to be displayed, or
(b)it does do so, but subsection (3) does not apply by reason of subsection (4), and
the placard or poster publicises the goods, services or concerns of an identifiable person.
(8)Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.]
[F4(9)Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.
(10)Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.
(11)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.]
Textual Amendments
F1Words in s. 225(3)(b) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(2), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F2S. 225(6) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(3), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F3S. 225(7)(8) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(4), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F4S. 225(9)(10)(11) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(5), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
Modifications etc. (not altering text)
C2S. 225: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3