Temp Housing Development Signs (Diag2701 & 2701.1)

Thu, 28 Nov 2024 13:12:40 GMT

Hi, I'm looking for some guidance. We are about to enforce removal of unauthorised housing development direction signs in Scotland and I'm trying to find where, if anywhere it states we have the powers in legislation to remove such signs. We do have our councils signing policy that covers it but I'm looking for something with a bit more weight behind it. And/or where it gives us powers to authorise or manage their use. Thank you.

Thu, 28 Nov 2024 13:17:18 GMT

An easy one to answer. Almost.
TSRGD Schedule 13, General Direction 11, "The sign must not remain in place after the end of the period of six months that begins with the day the housing development to which the sign refers is
complete."
The only tricky bit is what you, or the developer, regard as "complete".
Sorted?

Thu, 28 Nov 2024 13:19:50 GMT

Andrew,

You beat me too it..
Keith

Thu, 28 Nov 2024 13:20:31 GMT

Dont forget New road layout new traffic signals signs have similar arrangements

Thu, 28 Nov 2024 13:27:26 GMT

Keith, No, no, no. As any fule nose, New road layout, etc., signs are allowed to remain up until the red fades to pale pink and/or the post they are on rots away and falls over.Errrm... ;-)

Thu, 28 Nov 2024 14:12:31 GMT

Unauthorised signs come under s132 Highways Act 1980. Developments sticking up random yellow signs to advertise their latest scam to rid the gullible of their hard-earned for a pile of bricks can have them removed easily. https://www.gov.uk/guidance/advertisements

Some authorised yellow signs for housing developments can remain up for longer than agreed with Local Authority if house sales take a plummet but there is normally a set period for the signs to remain on site... your enquiry was about the unauthorised signs I believe

Thu, 28 Nov 2024 14:42:59 GMT

Yeah, I'm aware of what the TSRGD says, thanks.
I'm basically looking for something that gives us as a local authority in Scotland the power to remove unauthorised signs.

I don't think the Highways Act or those rules for advertising cover Scotland.

Ice looked in the Road Scotland Act and can't find anything useful.

Thu, 28 Nov 2024 16:15:52 GMT

Quote:

Originally posted by S. Edmunds:
Yeah, I'm aware of what the TSRGD says, thanks.
I'm basically looking for something that gives us as a local authority in Scotland the power to remove unauthorised signs.

I don't think the Highways Act or those rules for advertising cover Scotland.

Ice looked in the Road Scotland Act and can't find anything useful.

I'd suggest then that s5 of The Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984 would provide a solution. ....and quote s7 just to emphasise that they need to get a grip...

7.—(1) A person who displays an advertisement in contravention of these regulations shall be liable on summary conviction of an offence under section 101(2) of the Act(1) to a fine not exceeding £200 and, in the case of a continuing offence, £20 for each day during which the offence continues after conviction.

Thu, 28 Nov 2024 16:28:48 GMT

Try the Road Traffic Regulation Act - Section 69 and Section 71 and the Roads (Scotland) Act 1984, Section59 (3). Failing that you could have a go with Section 87, Section 93 or possibly even Section 100 of the same Act, although they could be seen as a bit tenuous, but worth trying

Thu, 28 Nov 2024 16:59:15 GMT

S100 (Damage to roads etc) of Roads (Scotland) Act 1984 states clearly that anyone who, without lawful authority, "paints or otherwise inscribes or affixes upon the surface of a road or upon a tree, traffic sign, milestone, structure or works on or in a road, a picture, letter, sign or other mark" commits an offence. Similar wording to S132 in the Highways Act 1980 but, unfortunately the second paragraph of that section, that allows authorities in England and Wales to remove the offending item doesn't seem to have made it into the Roads (Scotland) Act. S87 of the latter act gives authorities powers to require the removal of structures, including posts (though few developers erect their own), from the highway and S59 seems to give authorities the power to remove obstructions from the highway themselves if the culprit doesn't do so after being instructed to.
So you could rely on S59 if the signs are causing an obstruction...and, I would suggest - unless you're hoping to recover costs from the developer - you could always use the obstruction argument from a position of strength once you've taken the signs down.