PART VSAPPLICATIONS FOR EXPRESS CONSENT

Power of planning authority to deal with an applicationS

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.

Commencement Information

I1Reg. 17 in force at 2.5.1984, see reg. 1