15.—(1) Subject to the provisions of this regulation an application to a planning authority for consent to display advertisements shall be made on a form issued by that authority and shall include such particulars as may be required by that authority and shall be accompanied by such plans together with such additional number of copies (not exceeding 2) of the form and plans as may be required by the direction of the planning authority printed on the form.
(2) On receipt of the application the planning authority shall send an acknowledgement in writing to the applicant, including a statement of the right of appeal under regulation 21.
(3) If the planning authority consider that the information contained in the application is insufficient to enable them properly to determine it they may call for such further information as they require for that purpose.
16.—(1) Before determining an application for consent to display advertisements the planning authority shall consult—
(a)with any other planning authority whose district, or any part thereof, appears likely to be affected by the display of advertisements to which the application relates;
(b)where it appears to the planning authority that the display of advertisements to which the application relates may affect the safety of persons using—
(i)any trunk road, with the Secretary of State;
(ii)any road (other than a trunk road) for which the planning authority are not also the local highway authority, with the local highway authority concerned;
(iii)any railway, waterway, (including any coastal waters), dock, harbour or airfield with the authority, statutory undertaker, body or person responsible for the operation thereof and, in the case of any coastal waters, with the Commissioner of Northern Lighthouses.
(2) A planning authority shall give to any authority, person or body with whom they are required to consult not less than 14 days' notice that an application is to be taken into consideration and shall on determining the application take into account any representations made by such authority, person or body.
17.—(1) Where application for consent for the display of advertisements is made to the planning authority, that authority may grant consent subject to the standard conditions specified in Schedule 1 and to such additional conditions as they think fit, or may refuse consent:
Provided that where the application relates to the display (in accordance with the relevant provisions of Schedule 4) of an advertisement of a specified class the authority shall not refuse consent, or impose a condition more restrictive in effect than any provision of that regulation in relation to advertisements of that class, unless they are satisfied that such refusal or condition is required to prevent or remedy a substantial injury to the amenity of the locality or a danger to members of the public.
(2) Without prejudice to the generality of paragraph (1) above and subject to the provisions of regulation 4 conditions may be imposed on the grant of consent under this regulation—
(a)regulating the display of advertisements to which the consent relates, or the use of land by the applicant for the display of advertisements (whether it is land in respect of which the application was made or adjacent land under the control of the applicant), or requiring the carrying out of works on any such land, so far as appears to the planning authority to be expedient for the purposes of or in connection with the display of advertisements authorised by the consent;
(b)requiring the removal of any advertisement authorised by the consent, or the discontinuance of any use of land so authorised, at the expiration of a specified period, and the carrying out of any works required for the reinstatement of land at the expiration of that period.
(3) Consent under this regulation may be—
(a)for the display of a particular advertisement or advertisements with or without illumination, as the application specifies; or
(b)for the use of a particular site for the display of advertisements in a specified manner, whether by reference to the number, siting, size or illumination of the advertisements or the structures intended for such display, or the design or appearance of any such structure, or otherwise.
(4) The power to grant consent for the display of advertisements under these regulations shall include power to grant consent for the retention on a site of any advertisements being displayed thereon before the date of the application or for the continuance of any use of a site for the display of advertisements begun before that date; and reference in these regulations to consent for the display of advertisements and to applications for such consent shall be construed accordingly.
18.—(1) Subject to paragraph (4) of this regulation, every grant of express consent shall operate for a period of 5 years from the date of the granting of consent:
Provided that the planning authority may, in the document granting consent, specify such shorter or longer period as they may consider expedient having regard to the provisions of regulation 4 and any period specified in the application for consent.
(2) The limitation in time specified in the consent, or the 5 year period having effect when no period is specified in the consent, shall, for the purposes of these regulations, be deemed to be a condition imposed upon the granting of the consent.
(3) Where the planning authority grant consent for a period of less than 5 years they shall (unless the application specified such shorter period) state in writing their reasons for doing so.
(4) Where, at the time when a consent is granted for the display of advertisements, the display to which the consent relates has not already begun, the planning authority may express the specified period as a period running, in the alternative, from the date of commencement of the display or from a date not later than 6 months after the date on which the consent is granted, whichever is the earlier.
(5) At any time within a period of 6 months before the expiry of a consent, application may be made for its renewal and the provisions of these regulations relating to applications for consent and to their determination shall apply where application is made for such renewal.
19.—(1) Except where the planning authority when granting consent impose a condition to the contrary or where renewal of consent is applied for and refused, advertisements displayed with express consent may on the expiry of their term continue to be displayed subject to service by the planning authority of a discontinuance notice but without prejudice to the exercise of any other power in these regulations to require the removal of such advertisements.
(2) Where under paragraph (1) of this regulation advertisements continue to be displayed after the expiry of express consent, consent shall be deemed to be granted in respect of the continuance of such display, subject to the like conditions as those to which the express consent immediately preceding it was subject and, unless previously brought to an end, shall expire when the site ceases to be used for such display of advertisements.
20.—(1) The grant or refusal by a planning authority of an application for consent for the display of advertisements shall be given by notice in writing to the applicant within 2 months from the date of receipt of the application or within such longer period as may be agreed in writing by the planning authority and the applicant.
(2) Where the planning authority decide to grant consent subject to conditions in addition to the standard conditions, or to refuse consent, the reasons for their decision shall be stated in writing.
[F1(2A) Notification in writing of a decision and reasons for the purposes of paragraphs (1) and (2) shall be deemed to have been given to a person for the purposes of this regulation where–
(a)the Scottish Ministers and the person have agreed that decision and reasons required under this regulation to be given in writing may instead be accessed by that person via a website;
(b)the decision and reasons are a decision and reasons to which that agreement applies;
(c)the Scottish Ministers have published the decision and reasons; and
(d)the person is notified, in a manner for the time being agreed between that person and the Scottish Ministers, of–
(i)the publication of the decision and reasons on a website;
(ii)the address of the website; and
(iii)the place on the website where the decision and reasons may be accessed, and how they may be accessed.]
F2(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 20(2A) inserted (28.7.2004) by The Town and Country Planning (Electronic Communications) (Scotland) Order 2004 (S.S.I. 2004/332), art. 1(1), sch. 3 para. 3
F2Reg. 20(3) omitted (30.6.2013) by virtue of The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(3) (with reg. 3)
Commencement Information
21.—[F3(1) The provisions of sections 47 to 48 of the Act apply in relation to—
(a)a consent to display advertisements;
(b)an application for such consent; and
(c)an application for any consent, agreement or approval required by a condition imposed on the grant of such consent,
as they apply to planning permission, an application for planning permission or an application for any consent, agreement or approval required by a condition imposed on the grant of such permission subject to the modifications specified in paragraph (1A).
(1A) The modifications are—
(a)references to planning permission are to be treated as references to a consent to display advertisements; and
(b)section 47 of the Act applies as if subsections (1)(c), (2)(b) and (c) were omitted.]
(2) Where the planning authority serve a discontinuance notice on any person the provisions of paragraph (1) above shall apply [F4(other than to the extent to which it applies section 47A of the Act)] as if that person had made an application for consent for the display of the advertisements, or for the use of the site, to which the notice relates and the planning authority had refused consent for the reasons stated in the notice and as if the discontinuance notice constituted notification of the planning authority's decision in terms of regulation 20.
F5(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) On the determination of an appeal under this regulation in respect of a discontinuance notice served by the planning authority the Secretary of State shall give such direction as may be necessary for giving effect to his determination including, where appropriate, directions for quashing the discontinuance notice or for varying the terms of the discontinuance notice in favour of the appellant.
F6(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 21(1)(1A) substituted for reg. 21(1) (30.6.2013) by The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(4)(a) (with reg. 3)
F4Words in reg. 21(2) inserted (30.6.2013) by The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(4)(b) (with reg. 3)
F5Reg. 21(3)-(7) omitted (30.6.2013) by virtue of The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(4)(c) (with reg. 3)
F6Reg. 21(9) omitted (30.6.2013) by virtue of The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(4)(c) (with reg. 3)
Commencement Information