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Rosa Tanfield, Group Manager – Neighbourhood Services, presented the review and explained that the existing policy on graffiti was in need of review. Officers sought a clear statement as to how the Council tackles graffiti.
The Group Manager was asked whether graffiti on private property next to highways would be removed for free, or a charge imposed for such work. The Group Manager outlined the Council’s approach, which was to first ask owners to remove graffiti on their premises and then either work with the owner to remove it, if necessary, or look at enforcement as a last resort. If an owner could not be contacted, then the priority was to remove the offending graffiti. Panel members suggested that the Policy wording should make clear that due discretion would be exercised by officers dealing with such cases and potentially levying a charge on the property owner/owners.
The Group Manager was asked about any problems when attempting to contact the owners of affected properties, and whether the Council could summarily clean graffiti off, where contact could not be made quickly, and then decide whether it was appropriate to levy a fee for the work. Rory Doyle, Assistant Director – Environment, explained that the Council was required to carry out enforcement in line with national regulations and legislation. Tagging and graffiti deemed to be antisocial in nature would continue to be dealt with as quickly as possible, as would flyposting and stickering of street furniture and infrastructure.
Officers were asked whether the Council still maintained a graffiti/tag database, to identify prolific offenders, and recommended that links to utility companies were cultivated to expedite graffiti removal on sites, infrastructure and street equipment owned by them. The Panel were informed that the database was still in use and was used to identify trends and take action against identifiable individual malefactors.
A Panel member enquired as to whether exemptions would be incorporated into the Policy, such as for graffiti that was deemed to be of artistic merit or of a nature which was appropriate or beneficial for the local community or site. Potential difficulties were discussed, including how to set criteria, how to maintain a standard and balanced approach and how to judge what is and isn’t appropriate. It was confirmed that there were places within the Borough where street art was allowed, and assurance that the Council did not want to stifle lawful use of these, or the creativity of people who used such sites. The Group Manager directed attention to the Strategy, where it was detailed how the Council worked with partners to best utilise such areas/sites as well as to reduce antisocial graffiti instances.
A Panel member suggested that an addition could be made to the first sentence of the final paragraph of the Policy’s introduction, to then read as ‘The defacement caused by graffiti is an act of criminal damage and should not be considered the same as legitimate commissioned pieces of street art and pieces of art considered to be valuable by the local community.’
The Panel asked how large or small was the problem caused by graffiti in the Borough and whether there were any statistics to evidence this, and to show the scale of Council action to tackle graffiti. The Group Manager offered to provide more indicative data to the Panel, if this would be helpful to their consideration of the Strategy. A Panel member commented that, whilst Colchester did not have a bad problem with graffiti, it remained wise to stay ahead of the curve. The difficulties facing officers in judging what was or wasn’t of artistic merit were discussed and it was suggested that clear protocols would be needed to guide this.
Officers were asked if the Council’s website could include more content to better signpost ways in which residents could report graffiti and tagging. Assurance was given that this was underway, alongside improvements as to how these are reported to Neighbourhood Services, including a new application for people to report and send pictures of graffiti.
RECOMMENDED to CABINET that the refreshed Graffiti Policy be approved, subject to the following additions: -
(a) That the Policy gives assurance that officer discretion will be shown regarding decisions as to whether to levy charges on owners of private residential property targeted by graffiti, where the Council undertakes work in default to remove that graffiti;
(b) That wording is added to the Policy to clarify how and why exceptions might be made for street art which is deemed to be of artistic benefit, or of value to the community within which it is located, and detailing how ‘out-of-policy’ exceptions might be made;
(c) That more provision be made for legitimate and legal graffiti/street art to be practiced, such as on designated art/graffiti walls within the Borough;
(d) That a collaborative approach be emphasised, where the Council works in partnership with independent parties, as well as in consultation with the local ward councillors, to achieve the best approach and actions, area by area.