SCHEDULE 1THE STANDARD CONDITIONS
PART I
Conditions attaching to all consents save as otherwise provided in the regulations
I11
All advertisements displayed, and any land used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the planning authority.
I22
Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition to the reasonable satisfaction of the planning authority.
I33
Where any advertisement is required under these regulations to be removed the removal thereof shall be carried out to the reasonable satisfaction of the planning authority.
I44
Before an advertisement is displayed on land the permission of the owner of that land or other person entitled to grant permission shall be obtained.
PART II
Conditions attaching to consent deemed to be granted for the display of advertisementsI55
Advertisements shall not 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 road, railway, waterway (including any coastal waters) or airfield.
SCHEDULE 2PROCEDURE FOR DEFINING AREAS OF SPECIAL CONTROL
I61
Where a planning authority propose to define an area of special control they shall make an order defining an area by reference to a map annexed thereto, either with or without descriptive matter (which, in the case of any discrepancy with the map, shall prevail except in so far as may be otherwise provided by the order), and shall submit to the Secretary of State 2 certified copies of the order, map and descriptive matter (if any), and a statement of their reasons for proposing to make the order.
I72
The authority shall forthwith publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice related to the submission for approval of the order in the form prescribed (Schedule 3, Form 1) or in a form substantially to the like effect.
I83
If any objection is duly made and not withdrawn the Secretary of State shall, before approving the order, afford to the person making such objection an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and if any such person avails himself of the opportunity of being heard the Secretary of State shall also afford the like opportunity to the planning authority and to such other persons as he thinks fit.
I94
After considering any representation or objection duly made and not withdrawn and the report of the person by whom any inquiry or hearing was held, the Secretary of State may approve the order with or without modifications:
Provided that if the Secretary of State proposes to approve the order subject to a modification involving the inclusion therein of any area of land not included in the order as submitted he shall publish prior notice of his intention so to do and shall afford opportunity for the making of objections or representations with respect to the proposed modification, and for such further hearing as may appear to him to be necessary or expedient.
I105
As soon as may be after the order has been approved, the planning authority shall publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice relating to the approval of the order in the form prescribed (Schedule 3, Form 2) or in a form substantially to the like effect and any such order shall come into force on the date on which notice of the approval thereof is published in the Edinburgh Gazette.
I116
These provisions apply, with necessary modifications, to the making of an order revoking or modifying an existing area defining an area of special control.
I12SCHEDULE 3FORMS OF NOTICES
I13SCHEDULE 4THE SPECIFIED CLASSES OF ADVERTISEMENTS DISPLAYED WITH DEEMED CONSENT
Sch. 4 in force at 2.5.1984, see reg. 1
Description of advertisement | Maximum height of letters or figures | Maximum height above ground level of highest part of advertisement | Other conditions |
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CLASS I: | |||
Functional advertisements of local authorities, community councils, statutory undertakers and public transport undertakers. | |||
(1) Advertisements relating to any function or operation of a local authority, community council, statutory undertaker or public transport undertaker which are reasonably required in order to secure the safe or efficient performance of those functions or operations and which cannot be displayed in such a manner under the provisions of these regulations relating to advertisements of any other specified class; | (i) Illumination is permissible for purposes of warning. | ||
(2) Advertisements displayed by a planning authority on land in respect of which they are the planning authority. | |||
CLASS II: | |||
Miscellaneous advertisements relating to land on which they are displayed. | |||
(1) Advertisements for the purpose of identification, direction or warning with respect to the land or building on which they are displayed. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(2) Advertisements relating to any person, partnership or company separately carrying on a profession, business, or trade at the premises where any such advertisement is displayed. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(3) Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, to any hotel, inn or public house, block of flats, club, boarding-house or hostel, situated on the land on which any such advertisement is displayed. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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CLASS III: | |||
Certain advertisements of a temporary nature. | |||
(1) Advertisements relating to the availability for sale or letting of the land on which they are displayed. | 0.75 metre, or 0.3 metre in an area of special control | At the lowest level at which it is reasonably practicable to display the advertisement |
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(2) Advertisements announcing a sale of goods or livestock, and displayed on the land where such goods or livestock are situated or where such a sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding such sales. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(3) Advertisements relating to the carrying out of building or similar work on the land on which they are displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such work. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(4) Advertisements announcing any local event of a religious, educational, cultural, social or recreational character and advertisements relating to any temporary matter in connection with an event or a local activity of such a character, not in either case being an event or a local activity promoted or carried on for commercial purposes. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(5) Advertisements relating to any demonstration of agricultural methods or processes on the land on which they are displayed. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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(6) Advertisements on hoardings enclosing, either wholly or in part, land on which building operations are taking or are about to take place and which is designated in any development plan for the time being in force primarily for commercial, industrial or business purposes. | 0.75 metre | 4.6 metres |
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CLASS IV: | |||
Advertisements on Business Premises: | |||
(1) Advertisements displayed on business premises wholly with reference to all or any of the following matters: the business or other activity carried on, the goods sold or services provided, and the name and qualification of the person carrying on such business or activity or manufacturing or supplying such goods or services on those premises. | 0.75 metre, or 0.3 metre in an area of special control | The bottom of the first floor level of the building or the wall on which the advertisement is displayed or, if lower, 4.6 metres or 3.6 metres in an area of special control |
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(2) Advertisements displayed on any forecourt of business premises wholly with reference to all or any of the matters specified in paragraph (1) above. | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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CLASS V: | |||
Advertisements within Buildings: | |||
Advertisements displayed within any building and not exempted from these regulations by virtue of regulation 3(2). | 0.75 metre, or 0.3 metre in an area of special control | 4.6 metres, or 3.6 metres in an area of special control |
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CLASS VI: | |||
Illuminated Advertisements: | |||
Illuminated advertisements displayed on business premises wholly with reference to all or any of the following matters: the business or other activity carried on, goods sold or services provided and the name or names and qualifications of the person or persons carrying on such business or activity or providing such goods or services on those premises. | 0.75 metre | 4.6 metres |
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Sch. 3 in force at 2.5.1984, see reg. 1