- Y Diweddaraf sydd Ar Gael (Diwygiedig)
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Version Superseded: 06/04/2012
Point in time view as at 01/11/2007.
Town and Country Planning Act 1990, Cross Heading: Enforcement of control over advertisements is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Regulations under section 220 may make provision for enabling the local planning authority to require—
(a)the removal of any advertisement which is displayed in contravention of the regulations, or
(b)the discontinuance of the use for the display of advertisements of any site which is being so used in contravention of the regulations.
(2)For that purpose the regulations may apply any of the provisions of Part VII with respect to enforcement notices or the provisions of section 186, subject to such adaptations and modifications as may be specified in the regulations.
(3)Without prejudice to any provisions included in such regulations by virtue of subsection (1) or (2), if any person displays an advertisement in contravention of the regulations he shall be guilty of an offence and liable on summary conviction to a fine of such amount as may be prescribed, not exceeding [F1level 4] on the standard scale and, in the case of a continuing offence, [F2one-tenth of [F1level 4] on the standard scale] for each day during which the offence continues after conviction.
(4)Without prejudice to the generality of subsection (3), a person shall be deemed to display an advertisement for the purposes of that subsection if—
(a)he is the owner or occupier of the land on which the advertisement is displayed; or
(b)the advertisement gives publicity to his goods, trade, business or other concerns.
(5)A person shall not be guilty of an offence under subsection (3) by reason only—
(a)of his being the owner or occupier of the land on which an advertisement is displayed, or
(b)of his goods, trade, business or other concerns being given publicity by the advertisement,
if he proves [F3either of the matters specified in subsection (6)] .
[F4(6)The matters are that—
(a)the advertisement was displayed without his knowledge; or
(b)he took all reasonable steps to prevent the display or, after the advertisement had been displayed, to secure its removal.]
Textual Amendments
F1Words in s. 224(3) substituted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 53; S.I. 2003/3300, art. 2(d)
F2Words in s. 224(3) substituted (6.4.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.38 (with s. 84(5)); S.I. 1992/665, art. 2
F3Words in s. 224(5) substituted (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 33(2), 108 (with s. 33(4))
F4S. 224(6) inserted (7.6.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 33(3), 108 (with s. 33(4))
Modifications etc. (not altering text)
C1S. 224: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
C2S. 224 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1, 25
C3S. 224(3) restricted (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 8(3)
C4S. 224(3) applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), ss. 1(3)-(5), 31, Sch. 2 Pt. 1
(1)Subject to subsections (2) and (3), the local planning authority may remove or obliterate any placard or poster—
(a)which is displayed in their area; and
(b)which in their opinion is so displayed in contravention of regulations made under section 220.
(2)Subsection (1) does not authorise the removal or obliteration of a placard or poster displayed within a building to which there is no public right of access.
(3)Subject to subsection (4), where a placard or poster identifies the person who displayed it or caused it to be displayed, the local planning authority shall not exercise any power conferred by subsection (1) unless they have first given him notice in writing—
(a)that in their opinion it is displayed in contravention of regulations made under section 220; and
(b)that they intend to remove or obliterate it on the expiry of a period specified in the notice [F5and recover from him the costs they may reasonably incur in doing so] .
(4)Subsection (3) does not apply if—
(a)the placard or poster does not give his address, and
(b)the authority do not know it and are unable to ascertain it after reasonable inquiry.
(5)The period specified in a notice under subsection (3) must be not less than two days from the date of service of the notice.
[F6(6)Where—
(a)a local planning authority serve a notice on a person under subsection (3) in relation to a placard or poster, and
(b)the person fails to remove or obliterate it within the period specified in the notice,
the authority may recover from that person the costs they may reasonably incur in exercising their power under subsection (1).]
[F7(7)This subsection applies in relation to a placard or poster where—
(a)the placard or poster does not identify the person who displayed it or caused it to be displayed, or
(b)it does do so, but subsection (3) does not apply by reason of subsection (4), and
the placard or poster publicises the goods, services or concerns of an identifiable person.
(8)Where subsection (7) applies, subsections (3) to (6) have effect as if the reference in subsection (3) to the person who displayed the placard or poster or caused it to be displayed were a reference to the person whose goods, services or concerns are publicised.]
[F8(9)Where any damage is caused to land or chattels in the exercise of the power under subsection (1) in relation to a placard or poster, compensation may be recovered by any person suffering the damage from the local planning authority exercising the power.
(10)Subsection (9) does not permit the recovery of compensation by the person who displayed the placard or poster or caused it to be displayed.
(11)The provisions of section 118 apply in relation to compensation under subsection (9) as they apply in relation to compensation under Part 4.]
Textual Amendments
F5Words in s. 225(3)(b) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(2), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F6S. 225(6) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(3), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F7S. 225(7)(8) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(4), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
F8S. 225(9)(10)(11) inserted (6.4.2006 for E. and 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 34(5), 108; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 2(g)
Modifications etc. (not altering text)
C5S. 225: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
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