Planning Act (Northern Ireland) 2011

Chapter 5 N.I. Advertisements

Modifications etc. (not altering text)

C1 Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)

Control of advertisements N.I.

130—(1) Subject to this section, provision must be made by regulations under this Act for restricting or regulating the display of advertisements so far as appears to the Department to be expedient in the interests of amenity or public safety.

(2) Without prejudice to subsection (1), any such regulations may provide—

(a) for regulating the dimensions, appearance and position of advertisements which may be displayed, the sites on which advertisements may be displayed and the manner in which they are to be affixed to the land;

(b) for requiring the consent of the council to be obtained for the display of advertisements;

(c) for applying in relation to any such consent and to applications for such consent any of the provisions of Part 3 or 7 of this Act or Part 3 of the Act of 1965 subject to such adaptations and modifications as may be specified in the regulations.

(3) Without prejudice to the generality of subsection (1), the regulations may prohibit the display in any area of special control of all advertisements except advertisements of such classes (if any) as may be prescribed.

(4) Areas of special control for the purposes of regulations under this section may be defined by means of orders made or approved by the Department in accordance with the regulations.

(5) Where the Department is authorised by the regulations to make or approve any such order as is mentioned in subsection (4), the regulations must provide—

(a) for the publication of notice of the proposed order in such manner as may be prescribed;

(b) for the consideration of objections duly made to it; and

(c) for the holding of such inquiries or other hearings by the planning appeals commission as may be so prescribed,

before the order is made or approved.

(6) Where the display of advertisements in accordance with regulations made under this section involves development of land, planning permission for that development shall be deemed to be granted by virtue of this section, and no application shall be necessary in that behalf under Part 3.

Modifications etc. (not altering text)

C2 S. 130(6) excluded (1.4.2015) by The Planning (General Permitted Development) Order (Northern Ireland) 2015 (S.R. 2015/70), art. 1(3)(4) (with art. 8(2))

C3 S. 130(6) excluded (1.4.2015) by The Planning (General Development Procedure) Order (Northern Ireland) 2015 (S.R. 2015/72), art. 1(1)(3)

Commencement Information

I1 S. 130 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1

I2 S. 130 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)