This is a freedom of information request regarding statistical information from the Department of Infrastructure (DfI) on the exercise of their powers to remove, recover costs and serve notices regarding unauthorised markings, signs, advertisements, or other apparatuses on roads and/or street furniture.
Background to the request:
- Under Article 87 of the Roads (Northern Ireland) Order 1993 any person who (without lawful authority) “paints or otherwise inscribes or affixes any picture, letter, sign or mark” on the surface of a road or upon any tree, structure or other works in or on a road, commits an offence punishable by a fine. The Department has powers to remove any of the above items (and recover reasonable costs from responsible persons) and serve removal notices. The powers of the Department have been characterised as covering to ‘street furniture’ such as lampposts which are part of the property of the public authority.
- Under the Article 33 of the Road Traffic Regulation (Northern Ireland) Order 1997 it is also an offence to intentionally ‘interfere’ or cause damage to a traffic sign.
- Under Article 84(2) of the Planning (Northern Ireland) Order 1991 there are also powers vested in the Department to require the removal of ‘advertisements’ being in conflict with planning regulations, and relevant offences for not doing so.
- We are aware that the DfI have a Roads Service Policy and Procedure Guide that articulates the relevant articles, offenses and responsibility for prosecution under The Roads (NI) Order 1993 (the policy is attached to this email).
- An recent article in the Irish times quotes DfI as having provided council members with “information in relation to unauthorised signage and the removal process”, indicating that DfI actively utilises its powers to remove unauthorised signage. https://www.irishnews.com/news/northernirelandnews/2019/09/28/news/signs-charge-warning-sent-at-stormont-department-s-request-says-council-1724619/
Request:
This is a series of FOI requests from CAJ on the 30th of October 2019 in relation to the Department’s exercise of their powers to issue warning letters, and to remove, recover costs and serve notices regarding unauthorised markings, signs, advertisements, or other apparatuses on roads and/or street furniture. This is an FOI request for:
1a. The number of times that DfI has exercised their powers under the Roads (NI) Order 1993 under the following articles of the Road Service Policy and Procedure Guide (page 15), for the last five years. We are seeking information on the following articles:
- 21(1) Unauthorised erection of advertisement or notice on or near a special road.
- 73(1) Unauthorised placement of apparatus over, along or across a road.
- 87(1) Unauthorised markings or advertising on roads
1b. Copies of statistical information and documentation captured by 1a above, broken down by an annual basis if that is easiest.
2a. The number of times that DfI has exercised their powers Under the Article 33 of the Road Traffic Regulation (Northern Ireland) Order 1997 related to the offence of intentionally ‘interfering’ or causing damage to a traffic sign for the last five years.
2b. Copies of statistical information and documentation captured by 2a above, broken down by an annual basis if that is easiest.
3a. The number of times that DfI has exercised their powers under Article 84(2) of the Planning (Northern Ireland) Order 1991, in relation to ‘advertisements’ in conflict with planning regulations for the last five years.
3b. Copies of statistical information and documentation captured by 3a above, broken down by an annual basis if that is easiest.
DfI/2019-0379: EIR Request