The report, Control of Outdoor Advertisements: Fly-Posting', recommends bolstering current legislation and improving existing guidance. The DETR invites comments on the recommendations outlined in the report.
The study, carried out by Arup Economics and Planning, adopted a three stage approach. In stage one consultants reviewed existing literature on the subject and conducted context interviews with the organisations and individuals involved in fly-posting. This was followed by a postal questionnaire sent to all district and unitary authorities in England and Wales seeking information on the approach and procedures used to control fly-posting. The final stage involved a more in-depth examination of practice in eight authorities.
The report concludes that local authorities are generally making effective use of existing legislation to prosecute those who display posters illegally but recommends that improvements could be made with some changes to the legislation and guidance to local authorities.
Comments are requested by Monday, 15 February 1999. They should be sent to: Mr H Knottley, Department of the Environment, Transport and the Regions, Eland House, Zone 4/J3, Bressenden Place, London SW1E 5DU.
There is no formal definition of fly-posting but for the purposes of the study it is regarded as the display of advertising material on buildings and street furniture without the consent of the owner. It is a well-organised activity with an estimated turnover on the distribution side of£3.5m. The main provisions for the control of fly-posting are contained within sections 224 and 225 of
the Town and Country Planning Act 1990 (TCPA 1990). Section 224 makes it an offence to display an advertisement in contravention of the 1992 Regulations and section 225 permits local planning authorities (LPAs) to remove or obliterate posters displayed illegally, subject to two days notice being given where the party responsible for putting up or for causing the posters to be displayed, can be identified.