Agenda item

Consider report by Chief Officer Roads proposing two options to revise existing policy (copy attached).

There had been circulated copies of a report by the Chief Officer - Roads, presenting three options to revise the existing policy to allow officers to deal with unauthorised signs, banners, posters, sandwich boards and other obstructions frequently found in and around towns in the Scottish Borders.  It was explained that Scottish Borders Council had statutory duties under the Roads (Scotland) Act 1984 and under the Town and Country Planning (Control of Advertising) (Scotland) Regulations 1984 to ensure that roads remain unobstructed, safe and free from unauthorised signage.  A policy was developed and approved by the Executive on 16 October 2007.  In addition, as property owner, the Council had common law rights to regulate whether any items could be attached to or deposited on its own property.  For reference, Appendix 1 to the report contained information on relevant generic definitions currently applicable and Appendix 2 the Policy/Guidance on Unauthorised Signs and Obstructions within the Road Boundary.  Despite a policy being in place, the Council received frequent complaints, relating to road safety and aesthetic issues, from members of the public concerning signs and banners erected on footways and road sides.  The vast majority of these signs and barriers were contrary to the relevant legislation in place and as such a review of the policy was proposed. One option would be a policy devised to completely ban all unauthorised signs, banners, posters and other obstructions. Another option to ignore the issue unless complaints were received was not considered an appropriate way forward. The recommended option was to develop a revised policy that would better define what items such as advertising banners, trader’s goods and sandwich boards may or may not be tolerated, ensuring that the whole community could benefit both socially and economically.  Members discussed at length the terms of the recommended option which were listed within the report. There was general agreement that there should be a coherent policy approach to the control of unauthorised signs and obstructions. However, differing views were expressed as to whether this should be the prescriptive approach favoured in the report or whether there should be some flexibility for the application of discretion and the approach be one of guidance rather than policy.  In respect of commercial advertising, Members recognised the need to balance the pressures on businesses to advertise with concerns relating to road and pedestrian safety.  It was accepted that revision of the policy was being brought forward to Members to consider in response to complaints from the public. In conclusion it was agreed that further information about the practical application of the proposed option was required before a decision could be made.

DECISION

AGREED:-

(a)          to defer, for further information, consideration of the policy revision regarding unauthorised signs and obstructions within the road boundary; and

(b)       to request the Chief Officer Roads to provide a report to a future meeting with information about the practical application of the recommended option for policy revision including a worked-up example of application of the proposed policy in a particular location.