Charles Mynors - Graffiti Sessions - Day 1

Graffiti: the New Law

Charles Mynors, PhD, FRTPI, FRICS, IHBC

The role of the law …

“Much of the *me, the law is se2led and plain. But life turns up new problems, and lawyers, officials and ci*zens debate the meaning of terms that seemed clear years or even months before. For in the end laws are just words on a page – words that are some*mes malleable, opaque, as dependent on context and trust as they are in a story or a poem or promise to someone, words whose meanings are subject to erosion, some*mes collapsing in the blink of an eye.”

The Audacity of Hope, Obama.

Introduc2on

The control of “adver*sements” (covers much else besides graffi* and fly-­‐pos*ng)

London Local Authori*es Acts 1995, 2004, 2007 An*-­‐social Behaviour Act 2003 Clean Neighbourhoods and Environment Act 2005

Now mainly Town and Country Planning Act 1990 -­‐ as amended by Localism Act 2011 (England only) (and Town and Country Planning (Control of Adver*sements) (England) Regula*ons 2007)

Adver*sements need consent: -­‐ either deemed consent (under Regula*ons) or express consent (in response to applica*on).

Graffi* and fly-­‐pos*ng has neither!

The removal of adver2sements: powers available to planning authority

Removal or oblitera*on of posters and placards (TCPA 1990, s 224) Removal of structures used for displays (s 225A) Removal of pictures etc from trees and highway structures (Highways Act 1980, s 132) Graffi* removal no*ces (TCPA, s 225C)

Graffi2 removal no2ces

Used to be available only in London (LLLA 1995, ss 12 – 13) Then throughout England and Wales (An*-­‐social Behaviour Act 2003, ss 48-­‐52) Now throughout England (TCPA, ss 225F-­‐225K)

Government guidance

Defacement Removal No8ces, Defra, 2006

Graffi8 Removal: Code of Prac8ce, -­‐ Associa*on of London Government, 2005

Planning Prac8ce Guidance, DCLG, 2014 -­‐ useless

Service of graffi2 removal no2ce (s 25F(1)

Any “sign” – any wri*ng, le2er, picture, device or representa*on, but not any adver*sement (s 225F(12)) … if it is detrimental to the amenity of the area or offensive … and on the surface of any premises, apparatus or plant, and readily visible from a place to which public has access.

.. but not opera*onal land of statutory undertaker (railways, electricity boards etc) … and Post Office needs 28 days no*ce

Service of no2ce

No*ce must be served on occupier (or owner) of land -­‐ must tell recipient to remove graffi* within specified period (at least 15 days) -­‐ can require repain*ng of whole surface, or just part directly affected

Appeal against no2ce to magistrates’ court

(a) sign is not detrimental to amenity of area, nor offensive (b) informality, defect or error in no*ce (c) *me for compliance is too short (d) No*ce should be served on someone else.

Ac2on following service of no2ce

Council can enter land and remove sign, and charge owner Or owner can nego*ate to do work itself Statutory undertakers may serve counter-­‐no*ce requiring work to be done in a par*cular way

Work done at request of owner

Owner may invite Council to remove grafffi* or fly-­‐ pos*ng at his/her expense

Prosecu2on

Council may prosecute anyone displaying unauthorised adver*sement (TCPA, s 224) -­‐ includes person / organisa*on being publicised

Fine: £2,500

May assist with fly-­‐pos*ng, but probably not graffi*

Penalty no2ces

Now possible for Council to issue fixed-­‐penalty no*ce As an alterna*ve to prosecu*on -­‐ usually £75 (£100 in London), with discount for prompt payment

Preven2on of unauthorised adver2sing

Where there is persistent problem of unauthorised adver*sing, Council can serve no*ce under TCPA 1990, s 225C requiring owner etc to take steps to deter repe**on -­‐ again, protec*on for statutory undertakers

Greater London: higher penal2es

Higher penal*es on convic*on (£20,000 for fly-­‐pos*ng; £5,000 in enforcement zone)

London (2): extra offences

Adver*sing without consent of landowner (Metropolitan Police Act 1939) – useless Slogans (LCC (General Powers) Act 1954) – council can remove slogan Seizure of items used for adver*sing offences (LLLA 2007) – brushes, aerosols, mopeds, bikes etc

Key ques2ons

What adver*sements (graffi*) are “offensive” or “detrimental to the amenity of the area”?

How can those responsible for such displays be iden*fied and brought to jus*ce?

I hate graffiti

 I hate graffiti ‌ I hate all Italian food ..