Unauthorised Signs And Street Furniture (A guide for shops and businesses)
It is an offence under the Roads (Scotland) Act 1984 to place obstructions including unauthorised signs within the road boundary. Anything placed on a public road (including pavements and verges) without the Roads Authority’s consent is considered unauthorised.
Common Unauthorised Items may include, but are not restricted to:
- Sandwich boards
- Tables and chairs
- Goods outside shop frontages
- Wheeled bins and materials (including rubbish)
- Advertising signs / Advertising banners
- Birthday banners
- Stones (often painted white) placed on the roadside verge
Obstructions such as these can be a hazard to pedestrians. Visually impaired pedestrians or those who have mobility difficulties are particularly at risk.
Obstructions can:
- Obscure visibility
- Distract motorists and other road users
- Block escape routes
- Be unsightly or offensive
Should an accident occur, where an obstruction placed within the road boundary is found to be a contributory factor, the person(s) responsible for erecting or placing the obstruction could be liable for injuries or damages.
Tables and Chairs
Shop and business owners wishing to place tables and chairs on the pavement may require planning permission, so they should consult with their Area Planning Office and Area Roads Office.
Advertising Signs and Banners
Shop and business owners who wish to put a sign or banner within the road boundary must contact their Area Planning Office and Area Roads Office to apply for authorisation. Advertising signs and banners erected without authorisation (for the purposes of commercial gain) shall be considered unauthorised and will be removed.
Removal
A person placing an unauthorised item on a public road (including pavements and verges), will be required to remove it immediately. Failure to do so may result in it being removed by the Roads Authority or a Police Officer.
In addition, the Roads Authority or a Police Officer may remove an obstruction or cause it to be removed:
- In an emergency / for public or road safety or
- Where the person who placed it there cannot be readily traced
Notice of removal will be given where the person responsible for the signage or obstruction can be traced. (Action may be taken to recover any associated costs of removal.)
Timescales
Where the Council takes action to remove unauthorised items from within the road boundary the following timescales will apply.
High Priority
(same day removal)
Signs / obstructions that:
- constitute a danger
- obstruct visibility
- distract road users
- don't leave sufficient width on pavements
(for the safe passage of pedestrians, prams and wheelchairs)
- 1.2 mtrs (temporary features)
- 1.8 mtrs (permanent features)
Medium Priority
(within 1 week)
Signs / obstructions that:
- are fixed to Council property, e.g. poles, lighting columns, railings
- cause a nuisance or offence
Low Priority
(at the discretion of the Roads Authority)
Signs / obstructions that:
- are unlikely to cause offence
- are likely to be removed by person responsible no later than 48 hours after the event and erected no more than one week in advance
- leave sufficient space for safe passage of pedestrians, prams and wheelchairs
are of a high standard, not considered untidy or detrimental to local amenity
A downloadable version of our guide for shops and businesses can be found here.
For information on other types of signage, or to arrange a meeting with an officer to further explain any areas of this guidance, or for a copy of the policy in full, please contact us at the address below.
Unified Solutions.