Martin Cullen (Waterford, Fianna Fail)

The exhibition of advertisements and articles is already subject to development and control under section 3 of the Planning and Development Act 2000. They already require planning permission. The amendment, as drafted, would have the effect of removing planning controls from advertisements as these would now be subject to the exemption in section 19 of the 1997 Act, in respect of articles and advertisements authorised in advance by property owners or occupiers. Like other categories of development there are certain exemptions, in particular certain advertisements are exempt if they fall within the cases of exempted developments set out in the Planning and Development Regulations 2001 and comply with the conditions and limitations described therein.

These regulations, as the Senator knows, were recently considered by both Houses and were approved by way of positive resolutions in December 2001. Accordingly, both Houses have had the opportunity to consider the content of these regulations, including the different classes provided for exempted advertising developments. I have no proposals to change these regulations.

Turning to controls on advertisements in the litter code, under section 19 of the Litter Pollution Act 1997, an exhibition on property of articles or advertisements that are not exempted development under planning law requires the prior written authority of the owner, occupier or person in charge of the property. We are tightening these controls in the proposed new section 19(1) by requiring that advertisements or articles carry the name and address of the person on whose behalf they are being exhibited. This was welcomed by all sides of the House.

Local authorities have broad powers under section 20 of the Litter Pollution Act 1997 to require the removal of any article or advertisement and that other specified steps be taken regarding the advertisement or article. This power applies irrespective of whether the article or advertisement is exempted development under the planning system. Local authorities may exercise these powers in the interest of an amenity or the local government.

I am satisfied that adequate legal provision exists to enable local authorities effectively to control litter arising from the exhibition of articles and advertisements. Notwithstanding the good intentions of Senator Bannon, we have covered all the different areas by agreed position of both Houses. I welcome the fact that the amendment was put down to make that clear in the House.

Amendment, by leave, withdrawn.