Approval Criteria for Portable Advertising Boards
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Approval Criteria for Portable Advertising Boards CONTENTS 1.0 INTRODUCTION........................................................................................................................ 3 2.0 LOCUS AND SIZE OF OBSTRUCTION......................................................................................... 3 3.0 ENVIRONMENTAL IMPLICATIONS............................................................................................ 4 4.0 ACCESSIBILITY IMPLICATIONS ............................................................................................... 4 5.0 OTHER REQUIREMENTS............................................................................................................ 4 6.0 HIGHWAY LICENCE................................................................................................................... 4 7.0 SAFETY...................................................................................................................................... 5 8.0 FURTHER CONTACTS ................................................................................................................ 5 APPENDIX 1: HIGHWAYS WITHIN CONSERVATION AREAS .............................................................. 6 APPENDIX 2: LICENCE APPLICATION FORM ................................................................................... 13 Sefton MBC Approval Criteria for A-Board Obstructions – Version 1 ( 18/04/2013) Page 2 of 13 1.0 INTRODUCTION 1.1 The Council understands the needs of local businesses and aims to assist with and encourage business growth wherever possible. This guide is intended to allow for the provision of use of the public highway for the promotion of a local business through the use of a portable advertising board (hereinafter called an A-Board) without causing detrimental effect to the needs of other street users. 1.2 Illegal occupation of the highway with an A-Board is an offence under section 137(1) of the Highways Act 1980. This offence is punishable upon conviction at a magistrate’s court by a maximum fine on level 3 of the standard scale (currently £1,000). 1.3 It will be necessary to obtain a highway licence from the Highway Authority. All costs have been identified in the body of this document. An application for a licence takes up to 7 days to process that is not in itself a licence to deposit an A-Board on the highway (i.e tacit approval does not apply). 1.4 The Council must be indemnified against all claims resulting from an incident caused by the A-Board. The business depositing the A-Board will be the licensee and must provide documentary evidence of current public liability insurance of not less than £5 million single accident indemnity pertaining to the obstructed area. If not explicitly stated in the insurance documentation, confirmation in writing that the public liability insurance covers items that the licensee has placed on the highway will be required. 1.5 All costs and fees included in this document are correct for financial year 2013/14. If in doubt, applicants should seek clarification. 2.0 LOCUS AND SIZE OF OBSTRUCTION 2.1 This will be dependent on factors such as available space, type of premises, street furniture and the impact on the historic environment. The needs of other street users will always be taken into account when considering the application. 2.2 The standard A-Board size shall be approximately A1 size (637mm x 1100mm x 800mm). A-Boards of non standard size which may be approved in the appropriate circumstances will be evaluated on an individual basis and will require approval from the Network and Infrastructure Manager. 2.3 The standard A-Board locus shall be sited directly adjacent Diagram 1 to the premise frontage, i.e. within 650mm, and wholly within this area. It should be a minimum of 1.0m from the entrance door (see Diagram 1 Right). Applications for street furniture alignment or a non standard locus will be evaluated on an individual basis and will require approval from the Network and Infrastructure Manager. The A- Board must remain in its designated location or stored off the public highway. 2.4 The standard A-Board construction should be of the “feet” type where the base is the widest part of the board. If a central stem type is used, a lower tapping rail with a minimum height of 150mm and as near to the ground as possible is required to prevent hazard to visually impaired footway users. It must be constructed in a way that will cause minimal damage if there is a collision and must have no sharp edges or protruding parts. 2.5 Non standard A-Board construction will not be permitted, this includes:- • Rotating or swinging signs • Illuminated / powered or with amplified speakers • Requiring mechanical assistance to move 2.6 The A-Board must be temporary, not permanently fixed to the highway or any street furniture. It must be removed from the highway no later than when the premises it is advertising is closed or darkness, whichever is the sooner, or when weather conditions dictate it could become unstable (e.g. high winds) 2.7 Only one A-Board per premise frontage will be allowed. 2.8 A clear pedestrian route is required for those walking past the obstruction. This will be subject to individual site conditions to ensure that most pedestrians (and particularly those with visual or mobility impairments) can maintain their regular route. The occupied area must not obstruct emergency exits from adjacent buildings. 2.9 A minimum of 1.8 metres free of obstructions must be maintained between the boundary demarcation of the occupied area and the line of street furniture adjacent to the kerb edge or the kerb edge itself. Further guidance will be given to the applicant where proposals refer to pedestrianised areas as this may well require additional areas to be kept free from obstruction. Sefton MBC Approval Criteria for A-Board Obstructions – Version 1 ( 18/04/2013) Page 3 of 13 2.10 The A-Board should not prevent access to bus stops, taxi ranks or other frontages, cover any signs or markings relevant to the highway, obscure any signs, especially on or near junctions, obscure the visibility of highway users on or near junctions, prevent access to any utility service covers or surface apparatus or be placed on or near to tactile paving and dropped kerbs which could hinder the movement of vulnerable users. 2.11 Where multiple occupancy premises share joint accesses, the principles set out in the above points should apply 2.12 A licence application should include a sketch plan outlining the premises building line, preferred locus of proposed adjacent A-Board placement and should include where possible any points of access including the property and any street furniture or kerb lines in the vicinity of the locus. The council will specify the acceptable location which may differ from the preferred. 2.13 Where the location is within a Conservation Area or within 10 metres of a Listed Building the design should be of a traditional style using traditional materials i.e. PVC or galvanised steel will not be appropriate. The size and location will also be taken into account in order to be as sympathetic to the historic environment as possible. 3.0 ENVIRONMENTAL IMPLICATIONS 3.1 The A-Board must not impede the surface drainage of the highway. 3.2 Advertisement consent under the Town and Country Planning Act 1990 (as amended) and the Town and Country Planning (Control of Advertisements) Regulations 2007 will not be required, but where an A- Board will be positioned within the historic environment i.e. within a conservation area or within 10 metres of a listed building stricter controls are likely to be applied due to the adverse impact that such displays can have on visual amenity, in conjunction with the advice of the Planning Department. All conditions placed upon the licensee must be adhered to at all times. A list of public highways within a conservation area is included in Appendix 1. To check an address to see if it within a conservation area or to see if it is, or is near a listed building, the conservation areas and listed buildings can be found on the Sefton website ( http://www.sefton.gov.uk/default.aspx?page=5761 ) 4.0 ACCESSIBILITY IMPLICATIONS 4.1 Particular attention must be given to those pedestrians with visual impairments, with emphasis on the following: 4.2 Pedestrians with visual impairments must be able to maintain their regular route past the A-Board. Therefore, a minimum width of 1.8 metres free of obstructions must be left between the demarcated area and the line of street furniture adjacent to the kerb edge or the kerb edge itself. 4.3 The A-Board should be highly visible and must contrast with the surrounding pavement and environment. 5.0 OTHER REQUIREMENTS 5.1 The A-Board must not contain any material or information that would prejudice the council or break any current legislation. 5.2 The applicant must pay all reasonable costs incurred by the council if for any reason the A-Board has to be removed by the council. 6.0 HIGHWAY LICENCE 6.1 A highway licence is required for the use of the public highway for A-Board placement, which includes footways and pedestrian areas. The licence is issued under s115, s115E of the Highways Act 1980. A form to be used for licence applications is attached at Appendix 2. 6.2 A contact name, address and telephone number of a person of suitable seniority to deal with any issues relating to the licence or licensed A-Board must be provided to the Council. 6.3 Where a statutory undertaker or the Council itself require