Banner Policy - Long Term Installation

Transcription

1 Council Policy Banner Policy - Long Term Installation Table of Contents Table of Contents... 1 Policy Policy Objectives Policy Statement Council s Streetscape & Public Domain Technical Guidelines Application Approvals & Fees Banners & Banner Poles Poles & Banner Brackets/Fitting Infrastructure Energy (light/electricity) poles: Single-purpose banner poles: Banners... 3 Illustrations of Banner Sizes... 5 Illustrations Example Banner Content Application Requirements Licences... 7 Controlled Document Information... 9 Lake Macquarie City Council Page 1 of 11

2 1 Policy Objectives Policy 1. Provide a framework to assess requests for long-term (ongoing) banner installation in appropriate locations throughout the City and issue of licences to a management body. 2. Ensure that banners are sympathetic to the surrounding environment. 3. Identify permissible and non-permissible banner use and content. 2 Policy Statement This policy covers requests for long-term (ongoing) banner installation on permanent infrastructure where a management body will take responsibility for ongoing operational management of banners. This policy does not cover temporary requests to erect banners or advertising signage. 2.1 Council s Streetscape & Public Domain Technical Guidelines The guidelines identify suitable locations throughout the City for long-term (ongoing) banner installation as an attachment to existing energy (light/electricity) poles or for installation of single purpose banner poles. Identification of suitability in the guidelines does not guarantee approval of any type including development consent or the issue of a licence. The guidelines also address any specification requirements including suitable types and minimum and maximum sizes of banners. The Council s City Projects Department will provide advice and information on request. 2.2 Application Approvals & Fees Banners & Banner Poles Applicants are encouraged to consult with Council prior to submitting any applications and to obtain all necessary information and requirements for the specific circumstance along with any applicable fees. The applicant must be able to demonstrate a proposal for ongoing/reoccurring banner use in the location and be prepared to take responsibility for ongoing operational management, costs of the banners and costs of any new single-purpose banner poles as part of the proposal. Development consent may be required for banner poles and banners. If development consent is required, consent must be obtained prior to application under Section 138 of the Roads Act 1993 and issue of a licence for ongoing operational management of the banners. A fee applies to all development applications. Where a development application is not required and the application for banners/banner poles is in a location identified in Council s Streetscape & Public Domain Technical Guidelines, Council does not charge a fee. Applications for banners/banner poles in other locations may incur a fee. Council may be required to consult with third party bodies including but not limited to Ausgrid and the Roads and Maritime Services regarding the application. The applicant is responsible for any external referrals fees to be paid in advance. Lake Macquarie City Council Page 2 of 11

3 2.3 Poles & Banner Brackets/Fitting Infrastructure Energy (light/electricity) poles: Energy poles may be owned and maintained by either Ausgrid or Lake Macquarie City Council (LMCC). Pole maintenance is the responsibility of the pole owner (regardless of the purchaser, donor, applicant or installer). Council s Asset Management Department will provide advice regarding ownership and maintenance of energy poles. Ausgrid is the consent authority for applications for banner attachments to energy poles in their ownership. LMCC is the delegated authority in the Lake Macquarie City Local Government Area to determine and issue approval for such requests in accordance with Ausgrid s Network Standard NS183 Installation of Private Attachments on Ausgrid Poles, available at Purchase and installation costs, and ongoing maintenance or replacement of approved banner bracket/fitting infrastructure on energy poles owned and maintained by Ausgrid is the responsibility of the banner applicant/licensee during the term of the licence. Purchase and installation costs of approved banner bracket/fitting infrastructure for energy poles owned and maintained by Council is the responsibility of the banner applicant/licensee. Ongoing maintenance or replacement of approved banner bracket/fitting infrastructure on energy poles owned and maintained by Council will become the responsibility of Council within its routine asset maintenance schedule during the term of the licence Single-purpose banner poles: The upfront purchase and installation costs of approved single-purpose banner poles and banner brackets is the responsibility of the applicant. Where approved and a licence for banner use issued, the single-purpose banner pole and banner bracket/fitting infrastructure will become the responsibility of Council for ongoing maintenance or replacement within Council s routine asset maintenance schedule during the term of the licence, regardless of the original purchaser, donor, installer, applicant or licensee. 2.4 Banners Licences will have clauses referring to this policy regarding banner type, size, permissible and nonpermissible content. All banners must meet the following requirements: Visually enhance the streetscape and be sympathetic with the surrounding environment. Convey a sense of activity or identity, improving the place making quality of the streetscape. Promote community or cultural activities, events, festivals, seasons or festivities (in the immediate location) or generic themes for identification of town centres and community areas. Effective banners minimise use of text and feature simple graphics. Rotated/changed periodically to promote ongoing activity and a sense of occasion in the location. Periods of non-use are also acceptable. Be made of high quality materials, hemmed on all edges, and professionally designed and printed. Banners must not: Contain images or text which may be considered offensive, or promote illegal or immoral activity. Be used as an advertising medium to promote individual businesses, products or services for commercial purposes or for any form of political promotion. Banners may where approved on Council owned poles and specified in licences: Lake Macquarie City Council Page 3 of 11

4 Utilise up to 20% of the size of the banner at either the top or bottom for sponsorship recognition providing this does not detract from the central image and community theme of the banner. Be used for a para-commercial nature where public interest can be demonstrated e.g. promotion of community themed commercial/retail seasons, festivities and events such as Celebrate Christmas with, Spring festival sponsored by.... The banner design must have greater emphasis on the community, season, festivity or general place-making identification and not commercial promotion or advertising. Council will only consider such requests where the banner poles are located within the immediate vicinity of the applicant s/licensee s commercial/retail operations if identified as a suitable location for such banners (e.g. regional and sub-regional commercial centres). Banners on poles owned by Ausgrid must comply with their network standard NS183 Installation of Private Attachments on EnergyAustralia Poles which has specific requirements in relation to banner content, size and certification. NS183 (dated August 2004) includes reference to the following: Banners generally must be no larger than 2000 mm in length and 800 mm in width. Applications to install banners larger than this size (i.e mm in length and 1000 mm in width) must be referred (by Council) to Ausgrid for assessment. (The Bannerconda banner support bracket (for banner size 3000 mm x 1000 mm) has been assessed by Ausgrid and approved for installation on their existing energy poles.) Banner content is limited to community activities such as festivals, charity events and other noncommercial public notices. Advertising of products, commercial services, or any form of political promotion is not permitted. Banners of a para-commercial nature may be permitted provided the applicant can demonstrate a public benefit outcome and that no business or product names are displayed. Ausgrid may review this standard at any time. Council, applicants and licensees must refer to the current version of NS183 as applicable. Lake Macquarie City Council Page 4 of 11

5 Illustrations of Banner Sizes Note: Council will determine appropriate banner sizes for each location/town centre. Lake Macquarie City Council Page 5 of 11

6 Illustrations Example Banner Content Notes: 1. The examples below are a general guide for policy purposes. 2. Applications must outline all anticipated banner content uses including if permission is sought for para-commercial content use. 3. Ausgrid s Network Standard NS 183 outlines permissible and non-permissible banner content applicable on their poles. 4. Licences will have clauses referring to this policy regarding banner type, size, permissible and non-permissible content. Above: Community event/festival banner with sponsor recognition Above: Community event/festival banner with sponsor recognition Above: Place-making identification banner Above: Para-commercial banner with sponsor recognition Lake Macquarie City Council Page 6 of 11

7 2.5 Application Requirements Refer to section 2 of this policy for required approvals and fees, and reference to development consent as applicable. This section refers to application requirements for issue of a Section 138 Approval under the Roads Act 1993 and issue of a licence for ongoing operational management of the banners. Letters of application must be directed to Council s Asset Management Department and include the following details: a. The name, address and contact details of the applicant organisation requesting to be the licensee management body. b. State your request for approval under Section 138 of the Roads Act 1993 (banners and/or poles) and issue of a Licence for ongoing operational management of the banners. c. Provide the DA consent number if DA consent was required and has been obtained. If DA consent is not required but new poles are proposed for installation, provide details of the footings and specifications for the poles. d. Identification or a sketch of the exact location of each pole (such locations having been identified as being a suitable location for long-term banner use in technical guidelines). e. The proposed size of the banners, banner material, attachment (bracket fitting) details and certification that the poles can carry the load of the banner. f. A program demonstrating ongoing/re-occurring use for banners in this location including: Examples (description or sketches) of banner content and demonstration of public benefit, including all anticipated banner content uses including where permission is sought for paracommercial consent use. An indication of the periods of banner installation, frequency and duration. An operational proposal for the management of the banners (including responsibility for installation, removal, cleaning, repair, replacement, use of cherry pickers and any traffic control/lane closure considerations.) How the banners (and poles where applicable) will be financed, including ongoing operational costs (self-funded, sponsorship etc.) 2.6 Licences Licences may be issued for an agreed fixed term (for example: up to 5 years with renewal options if appropriate). Licences will have clauses in respect to the responsibility for costs and operational management requirements for banners (and if applicable, banner brackets/fittings) including, purchase, manufacture, installation, removal, cleaning, repair and replacement during the term of the licence. Licences will have clauses in respect to insurance, liability and indemnification requirements. Ausgrid and/or Lake Macquarie City Council in any emergency shall have the right to remove banners without giving prior notice, and without incurring any liability of any kind. Licences will have provision for Council or a third party (for example: a community organisation) to approach the licensee with six months notice (unless the parties agree to a lesser period) to book banners/poles for agreed temporary periods (for example: up to 4 weeks) within the licensee s banner program. The licensee will be required to determine the request in accordance with the terms of the licence and negotiate in good faith to reach agreement; giving consideration to a Lake Macquarie City Council Page 7 of 11

8 reasonable number of third party requests accommodated in each six month period. If it is agreed that banners promoting two events/occasions are appropriate for display simultaneously in the same location, consideration must be given to placement of the banners on alternate poles for visual appeal. Generally, licences may be terminated (in writing) upon the following circumstances: a. The licensee breaches any term of the licence and Council s Banner Policy including but not limited to: Failure to remove or replace banners in a reasonable timeframe if they become damaged, faded or vandalised. The content of banners is deemed to be unsuitable (is offensive, promotes illegal or immoral activity, or is used for political promotion). The banners are used for commercial advertising purposes contrary to this policy, the terms of the licence, and/or other applicable legislation. b. The licensor (Council) or licensee is prevented from performing its obligations under the licence by any cause beyond its control, including but not limited to changes in legislation. In the event that the licensee fails to remove the banners on expiration or termination of the licence, the licensor (Council) can remove and retain the banners. The licensee will be responsible for the cost of removing the banners. The costs are recoverable as a liquidated debt in a Court of competent jurisdiction. Lake Macquarie City Council Page 8 of 11

9 Authorisation Details Controlled Document Information Folder No: F2009/01511 TRIM Record No: D Audience: Department: Officer: External Staff involved in assessing requests for long-term (on-going) banner installation in appropriate locations throughout the City Asset Management Infrastructure Assets Strategy Coordinator Matthew Brogan Review Timeframe: Max < 4 years 4 Years Next Scheduled Review Date: 6 June 2021 Authorisation: Adopted by Council - 8 March 2010 REPOL Date of Endorsement: Authorisation Council Adoption Date: 22 February 2010 REPOL Report TRIM Record No: 8 March 2010 D Related Document Information, Standards & References Related Legislation: (Legislation Name) 1. Energy Australia Network Standard NS 183 Installation of Private Attachments on Energy Australia Poles (August 2004) 2. SEPP 64 Advertising and Signage 3. SEPP Infrastructure s. 41 Development permitted without consent, Schedule 1 Exempt development general 4. SEPP Exempt and Complying Development Schedule 3 Exempt Development 5. Roads Act 1993 s.138 Works and structures & s.139 Nature of consent 6. EP&A Act Lake Macquarie Local Environmental Plan 2004 Schedule 1 Exempt development (Relationship/Context) 1. This standard specifies the requirements and conditions for approval to install private attachments on Energy Australia s poles and street lighting columns. 2. Signage means all signs, notices, devices, representations and advertisements that advertise or promote any goods, services or events and any structure or vessel that is principally designed for, or that is used for the display of signage. The SEPP aims to regulate signage (but not content). 3. s. 41 Development for the purpose of an electricity transmission or distribution network may be carried out by or on behalf of an electricity supply authority or public authority without consent on any land. Schedule 1 Does not specify banners/banner poles. Covers exempt criteria for flag poles including, Height must not exceed 6m above ground level (existing) or above an existing building. Must not display commercial advertising. Flagpole structure and any attached flag must not project over public road. 4. Requirements for advertising structures and displays classified as exempt development. Banners/banner poles outside this criteria. 5. Council is the roads authority for the roads under the Roads Act Works and structures are permissible with the consent of the appropriate roads authority. 6. Definitions: advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. advertising structure means a structure used or to be used principally for the display of an advertisement. 7. Schedule 1 Exempt development does not address banners/banner poles. Requirements for advertising structures classified as exempt development refers to performance criteria in Lake Macquarie Development Control Plan No Requirements for flag poles classified as exempt development reference to zones 1 (1), 1 (2), 2 (1), 2 Lake Macquarie City Council Page 9 of 11

10 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (1), 6 (2), 9 and 10 Maximum height of 9 metres above natural ground level. 1 per site in residential zones, all other zones 1 per 20 metres of street frontage. Flag and pole wholly located within property boundary. Signs are a separately defined use in LMLEP 2004; sign means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like. The definition would apply where banners are proposed to be attached to an existing structure, such as electricity poles and light columns. Signs are permitted with consent in all zones. Related Policies (Council & Internal): Related Procedures, Guidelines, Forms, WHS Modules/PCD s, Risk Assessments, Work Method Statements: Standards COP s & Other References Definitions Term / Abbreviation (Policy Name) 1. Lake Macquarie Development Control Plan No. 1 Principles of Development Signs 2. LMCC Streetscape & Public Domain Technical Guidelines (Document Name) Procedure / Flow Chart Applications for longterm banner installation (Standard, COP or Other References) Definition (Relationship/Context) P1. A1.3 Banners, bunting and inflatable advertising devices are only used for temporary periods and not as a permanent form of advertising. The acceptable solution provides guidance as to how the performance criteria may be achieved. The DCP provisions only apply when development consent is required. 2. Locations for suitability of banners/banner poles including specifications. (Relationship/Context) High-level approval process steps (Relationship/Context) EP&A DA DCP LMCC LMLEP NS SEPP Environmental Planning and Assesment Development Application Development Control Plan Lake Macquarie City Council Lake Macquarie Local Environmental Plan Network Standard State Environmental Planning Policy Consultation (update for each version created) Key Departments, Teams, Positions, Meetings: Infrastructure Asset Team Version History Version No Date Changed Modified By Details and Comments 1 12/10/2009 Melissa Langley New policy. 2 15/05/2013 Peter McMurray Regular Review Template Update Change Government Department names: Energy Australia Ausgrid Roads Transport Authority Roads Maritime Services Delete reference to Draft when referring to Council s Streetscape & Public Domain Technical Guidelines 3 2/06/ /06/2015 Toni Woodcock Template Updated Updating Related Document Information, Standards & References Table Lake Macquarie City Council Page 10 of 11

11 4 12/05/ /05/2017 Toni Woodcock Template updated. Changing e.g. to for example in 2.6. Updating Definitions table. Extended time of review form 2 years to 4 years as there has been no legislation changes Lake Macquarie City Council Page 11 of 11