merrion street

The Department of Environment, Community & Local Government has recently issued a circular to remind local authorities of their obligations with regard to unauthorised use of electronic display panels and other signs/notices on or adjacent to public roads for general advertisement purposes.

The Department has been made aware that electronic display panels are being placed in visible locations on, or adjacent to, public roads which are being used for general advertisement purposes and not for traffic management or emergency related purposes.

Such structures generally comprise of an electronic display panel or screen – also known as Variable Message Signs (VMS) or VMS display panels – anchored by a power unit or battery for the purposes of displaying information or messages to the public, often in a flashing manner which can consequently be a distraction and traffic hazard for road users.

Planning authorities have been reminded that where electronic display panels are being used for purposes other than in conjunction with certain exempted development uses or as part as part of traffic management/traffic sign arrangements they are considered to be advertisement structures requiring an appropriate planning permission. With regard to the former – i.e. allowable exempted development uses – planning authorities are also required to note in their consideration of electronic display panels located on or off road the provisions of article 9 (1) of the Planning and Development Regulations which state that exempted development as referred to in article 6 of the Regulations “shall not be exempted development for the purposes of the (Planning and Development) Act –

(a) if the carrying out of such development would….
(iii) endanger public safety by reason of traffic hazard or obstruction of road users”.

Where persons place electronic display panels for general advertisement purposes on or adjacent to public roads without planning permission and which are not otherwise exempted development, planning authorities should take enforcement action as per the powers available to them under Part VIII (Enforcement) of the Planning and Development Act 2000, as amended, to secure the immediate removal of such structures.

In accordance with the definition of “development” in section 3 of the Planning and Development Act 2000, as amended, the foregoing advice above equally applies to any other signs, notices or structures (whether on wheels or not) that are used for the exhibition of advertisements on or adjacent to public roads and which have not been granted planning permission.

In relation to unauthorised signs, notices or other structures (including electronic display panels and whether on wheels or not) placed on public roads for advertisement purposes, local authorities were also reminded of the powers available to them under section 71 of the Roads Act 1993 to promptly pursue the removal of such structures.