Local elections 2025

Election advertising on the highway

As part of an election campaign, candidates agents and parties will wish to place posters and other election-related material where the public can see them. 

This note is to set out our position as highway authority as to what is not permitted on highway land. This is distinct from the role of the Council as planning authority and our powers relating to unlawful advertising.

During the pre-election period West Northamptonshire Council must be seen to be neutral and not allow any of its land (highway or otherwise), highway furniture, structures, trees or facilities to be used to promote any political party. 

In this context, highway means the carriageway, pavement and verge as shown on our records.

Highway furniture includes, but is not limited to:

• traffic signs
• lamp posts
• railings around roundabouts and at pedestrian crossings

Legal enforcement

Section 132 of the Highways Act 1980 makes it an offence for any sign to be erected within the limits of the highway or attached to any item of highway furniture, structure or tree without the consent of the highway authority. 

In addition to any fine a Court may impose on conviction in respect of the unauthorised placing of signs, any person(s) erecting such signs may be liable for any injury incurred by any person as a result of a sign being there. 

This note confirms that West Northamptonshire Council does not give permission for the display or erection of election material/publicity anywhere within the highway, or on any highway furniture, structure or tree within the boundary of the highway. 

Restrictions

For absolute clarity, the restrictions in relation to highway includes:

• highway furniture and structures such as lamp posts, traffic lights and traffic signs
• roundabouts or splitter islands
• approaches to junctions, central reservations or any other part of the highway where signs can cause road safety issues
• any public footway/pavement or any highway verge
• any vehicles or trailers displaying election material or publicity on any highway or highway land or in such a place as to cause a danger or nuisance to users of the highway

If restrictions are not observed

In the prohibited situations specified above, and where the Council considers that the election material/publicity is a danger to highway users, it may use its powers including those under sections 132 and 149 of the Highways Act 1980 to:

• remove and dispose of any offending signs/vehicles/trailers without further notice and recover its reasonable expenses thereof 
• charge for any repairs to highway land street furniture/structures 
• consider whether to prosecute

In seeking to recover its expenses, the Council may pursue the cost of removal, disposal and charge for repairs from any person found to be erecting the material in question. 

This is regardless of whether it is the candidate, the candidate’s agent or political party that is the subject of the material as the case may be.

Last updated 21 March 2025