FOI Request - Trailer Advertising

Request 101003333653

With regards to the trailer advertising Independence is Normal, situated at the base of the Elgin Business Park sign, just off the A96 as you enter Elgin, can you please advise:

1. Who owns the advertising/trailer?

2. What licensing/planning permission is required for the advertising hoarding/trailer.

3. Has licensing/permission been granted for the advertising hoarding/trailer.

Response 04-07-2023

1 This information is exempt under section 38(1)(b) of the Freedom of Information(Scotland) Act 2002 ‘personal information’

2 Advertisements may require 'Advertisement Consent' where an advertisement is defined in The Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984 as any word, letter, sign, placard or device used to advertise or make an announcement or direction. This includes anything upon a trailer and does include party political advertising. Exemptions for politician signage to exist where there is a pending election, but generally not out with those times. Section 12 of the Regulations explains these circumstances. There are other exemptions for smaller advertisements, such as small estate agents signs and in other circumstances, and these are specified in the Regulations.

3 The requested information is exempt under section 34(1) 'Investigations by Scottish public authorities and proceedings arising out of such investigations'. The public interest in preserving the local authority's unencumbered ability to investigate these matters outweighs the public interest in knowing the details.

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