The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

PART VIII MISCELLANEOUS

Advertisements relating to travelling circuses and fairs

27.—(1) On application in that behalf being made to them, a planning authority may grant consent for the temporary display, on unspecified sites in their district, of placards, posters or bills relating to the visit of a travelling circus, fair or similar travelling entertainment to any specified place in the area; and for the purposes of this regulation the expression “ in the area” means in the district of the planning authority to whom application for such consent is made or in the district of any neighbouring planning authority.

(2) Consent granted under this regulation shall be subject to the following conditions in addition to the standard conditions:—

(a) no such advertisement shall exceed 0.6 sq metre in area or be displayed above 3.6 metres from ground level;

(b) no such advertisement shall be displayed earlier than 14 days before the first performance or opening of the circus, fair or other entertainment in the area at a place specified in the advertisement; and every such advertisement shall be removed within 7 days after the last performance or closing of the circus, fair or other entertainment in the area at a place specified in the advertisement;

(c) no such advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway (including any coastal waters) or airfield.

(3) Without prejudice to the right to apply under Part V of these regulations for consent to display advertisements of the foregoing description on specified sites, the provisions of the Part shall not apply to an application for consent under this regulation, and the decision of a planning authority on any such application shall be final.

Power of Secretary of State

28.  The Secretary of State may if he thinks fit give a direction to any planning authority or to planning authorities in general requiring them to furnish him with such information as he may require for the purpose of exercising any of his functions under these regulations.

Extension of time

29.—(1) Subject to the provisions of the Act and of these regulations—

(a) the Secretary of State may for special reasons, in any particular case, extend the time within which anything is required under these regulations to be done, or within which any objection, representation or claim for compensation may be made;

(b) the planning authority may, on reasonable cause being shown to them, extend the time within which an application for consent is required to be or may be made to them under these regulations;

and any such extension may be granted either unconditionally or subject to such conditions as the Secretary of State or the planning authority think fit to impose.

(2) The power conferred by this regulation to grant extensions of time shall not apply to—

(a) the time within which the planning authority is required under regulation 20 to notify an applicant of the manner in which his application has been dealt with save as expressly provided in that regulation;

(b) any period specified by these regulations during which an advertisement may be displayed with consent deemed to be granted.

How to claim compensation in respect of expenses under section 165 of the Act

30.—(1) Any person who is required by or under these regulations to remove an advertisement which was being displayed on 16th August 1948 or to discontinue the use for the display or advertisements of any site being used for that purpose on 16th August 1948, and who desires to claim compensation under section 165 of the Act(1) in respect of any expenses reasonably incurred by him in carrying out works in compliance with such a requirement, shall submit a claim in writing to the planning authority within 6 months after the completion of such works; and such a claim shall contain sufficient information to enable the planning authority to give proper consideration to the claim.

(2) If the planning authority consider that the information furnished by any claimant under this regulation is insufficient to enable them properly to determine the claim they may call for such further particulars as they require for that purpose.

Register of applications

31.—(1) Every planning authority shall keep a register available for public inspection, containing the following information in respect of all land within their district, namely:—

(a) particulars of any application made to them for consent for the display of advertisements on any such land, including the name and address of the applicant, the date of receipt of the application, and brief particulars of the type of advertisement forming the subject of the application;

(b) particulars of any direction given under these regulations in respect of the application;

(c) the decision (if any) of the planning authority in respect of the application and the date of such decision;

(d) the date and effect of any decision of the Secretary of State in respect of the application given on appeal.

(2) Such register shall include an index for enabling a person to trace any entry in the register.

(3) Such register shall be kept at the office of the planning authority:

Provided that so much of the register as relates to land within any particular part of the district of a planning authority may be kept at a place within or convenient to that part of their district.

(4) Every entry in such register consisting of particulars of an application shall be made within 7 days of the receipt of such application.

(5) Every register kept under paragraph (1) above shall be available for inspection by the public at all reasonable hours.

Directions and notices

32.—(1) Any power conferred by these regulations to give a direction shall be construed as including power to cancel or vary that direction by a subsequent direction.

(2) Any notice to be served or given under these regulations may be served or given in the manner prescribed by section 269 of the Act and by any regulations made under that section.

(1)

1972 c. 52.