The Town and Country Planning (Control of Advertisements) Regulations 1992

PART V MISCELLANEOUS

Repayment of expense of removing prohibited advertisements

20.  The time limit prescribed for the purpose of making a claim for compensation under section 223 of the Act for the recovery of expenses reasonably incurred is a period of 6 months from the completion of the works.

Register of applications

21.—(1) Every local planning authority shall keep a register containing particulars of—

(a) any application made to them for express consent for the display of an advertisement, including the name and address of the applicant, the date of the application and the type of advertisement concerned;

(b) any direction given under these Regulations relating to the application;

(c) the date and effect of any decision of the local planning authority on the application;

(d) the date and effect of any decision of the Secretary of State on an appeal.

(2) The register shall include an index to enable a person to trace any entry therein.

(3) Any part of the register which relates to land within a particular part of the area of a local planning authority may be kept at a place within or convenient to that part of their area.

(4) Subject to paragraph (3) above, the register shall be kept at the office of the local planning authority.

(5) Every entry in the register consisting of particulars of an application shall be made within 14 days of the receipt of that application.

(6) The register shall be open to public inspection at all reasonable hours.

Directions requiring information

22.  The Secretary of State may give a direction to a local planning authority, or to such authorities generally, requiring them to provide him with information required for the purpose of any of his functions under these Regulations.

Exercise of powers by the Secretary of State

23.—(1) If it appears to the Secretary of State, after consultation with the local planning authority, that—

(a) a discontinuance notice should be served under regulation 8; or

(b) an area of special control order, or an order revoking such an order, should be made under regulation 18,

he may himself serve such a notice or make such an order.

(2) Where the Secretary of State proposes to exercise his powers under paragraph (1) above, the provisions of regulations 8 and 15 (in relation to sub-paragraph (a)), and of regulation 18 and Schedule 5 (in relation to sub-paragraph (b)), shall apply as they apply to the action of a local planning authority, with such modifications as may be necessary.

Discontinuance notice in respect of authority’s advertisement

24.—(1) If the Secretary of State is satisfied that it is necessary to remedy a substantial injury to the amenity of the locality or a danger to members of the public, he may serve a discontinuance notice under regulation 8 in relation to an advertisement within Class 1B in Schedule 3.

(2) Paragraphs (2), (5) and (6) of regulation 8 shall apply to a discontinuance notice to which paragraph (1) above applies as if references to the local planning authority were references to the Secretary of State.

(3) Paragraph (3) of regulation 15 shall apply to a discontinuance notice to which paragraph (1) above applies, with such modifications as may be necessary.

Extension of time limits

25.  The Secretary of State may, in any particular case, extend the time within which anything is required to be done under these Regulations or within which any objection, representation or claim for compensation may be made.

Cancellation or variation of directions

26.  Any power conferred by these Regulations to give a direction includes power to cancel or vary the direction by a subsequent direction.

Contravention of Regulations

27.  A person displaying an advertisement in contravention of these Regulations shall be liable on summary conviction of an offence under section 224(3) of the Act(1) to a fine of an amount not exceeding level 3 on the standard scale and, in the case of a continuing offence, one-tenth of level 3 on the standard scale for each day during which the offence continues after conviction.

Statutory Instruments revoked

28.  The Town and Country Planning (Control of Advertisements) Regulations 1989(2), the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1990(3) and the Town and Country Planning (Control of Advertisements) (Amendment) (No. 2) Regulations 1990(4) are hereby revoked.

(1)

Section 224(3) was amended by the Planning and Compensation Act 1991, Schedule 7, paragraph 38.

(2)

S.I. 1989/670.

(3)

S.I. 1990/881.

(4)

S.I. 1990/1562.