Willie Penrose (Longford-Westmeath, Labour)
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Question 129: To ask the Minister for the Environment, Heritage and Local Government if legislative provisions apply to a person who wishes to erect advertising signs on movable platforms on a person's own land; if they are so permitted; and if he will make a statement on the matter. [19563/09]

John Gormley (Dublin South East, Green Party)
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Section 3 of the Planning and Development Act 2000 provides that where any structure or other land, or any tree or other object on land, becomes used for the exhibition of advertisements the use of the land will be taken as having materially changed and planning permission will be required. However, Section 4(2) of the Act provides that certain classes of development may be exempted by regulations and, in this regard, Article 6 and Part 2 of the Second Schedule of the Planning and Development Regulations 2001 provide that certain classes of advertisements are exempt from the requirement to obtain planning permission. These classes include advertisements relating to the sale or letting of any structure or other land on which they are exhibited, subject to certain conditions, and advertisements relating to elections provided they are not left in place for more than 7 days after the date of the election.

Under section 20 of the Litter Pollution Act 1997 a local authority may serve a notice on the occupier of land requiring the removal of an advertisement exhibited on any structure or land that is visible from a public place if it appears to the local authority that it is in the interests of amenity or of the environment that the advertisement be removed. However the section also provides that it is a defence in any action for failure to comply with such a notice to show that the exhibition of the advertisement concerned was in accordance with a planning permission.