Planning and Compensation Act 1991

56 Power to remove or obliterate placards and posters. S

After section 101 of the 1972 Act there is inserted—

“101A Power to remove or obliterate placards and posters.

(1) Subject to the provisions of this section, a planning authority may remove or obliterate any placard or poster—

(a) which is displayed in their area; and

(b) which in their opinion is so displayed in contravention of regulations made under section 61 of this Act.

(2) Subsection (1) of this section does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.

(3) Subject to subsection (4) of this section, where a placard or poster identifies the person who displayed it or caused it to be displayed, the planning authority shall not exercise any power conferred by subsection (1) of this section unless they have first given him notice in writing—

(a) that in their opinion it is displayed in contravention of regulations made under section 61 of this Act; and

(b) that they intend to remove or obliterate it on the expiry of a period specified in the notice.

(4) Subsection (3) of this section does not apply if—

(a) the placard or poster does not give his address; and

(b) the authority do not know it and are unable to ascertain it after reasonable inquiry.

(5) The period specified in a notice under subsection (3) of this section must be not less than two days from the date of service of the notice.

(6) Any person duly authorised in writing by the planning authority may at any reasonable time enter any land for the purpose of exercising a power conferred by this section if—

(a) the land is unoccupied; and

(b) it would be impossible to exercise the power without entering the land.”.

Commencement Information

I1 S. 56 wholly in force at 26.3.1992 (subject to art. 5 of S.I. 1992/334) see s. 84(2)(3) and S.I. 1992/334, arts. 4, 5.