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The Town and Country Planning (Control of Advertisements) Regulations 1989

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Regulation 3

SCHEDULE 2CLASSES OF ADVERTISEMENTS TO WHICH PARTS II AND III OF THESE REGULATIONS DO NOT APPLY

Description of advertisementConditions, limitations and interpretation
CLASS A
The display of an advertisement on or consisting of a balloon not more than 60 metres above ground level.

1.  The site of the advertisement is not within an area of outstanding natural beauty, a conservation area, a National Park, the Broads or an area of special control.

2.  Not more than one such advertisement may be displayed at any time.

3.  The site may not be used for the display of advertisements on more than 10 days in total in any calendar year.

4.  For the purposes of Class A, “the site” means–

(a)in a case where the advertisement is being displayed by a person (other than the occupier of the land) who is using, or proposing to use, the land to which the balloon is attached for a particular activity (other than the display of advertisements) for a temporary period, the whole of the land used, or to be used, for that activity; or

(b)in any other case, the land to which the balloon is attached and all land normally occupied together therewith.

CLASS B
An advertisement displayed on enclosed land.

1.  The advertisement is not readily visible from outside or from any place to which the public have a right of access.

2.  For the purposes of Class B, “enclosed land” includes any railway station (and its yards) or bus station, together with its forecourt, whether enclosed or not; but does not include any public park, public garden or other land held for the use or enjoyment of the public, or (save as herein specified) any enclosed railway land normally used for the carriage of passengers or goods by rail.

CLASS C
An advertisement displayed on or in a vehicle.

1.  The vehicle is not–

(a)normally employed except as a moving vehicle; or

(b)used principally for the display of advertisements.

CLASS D
An advertisement incorporated in the fabric of a building.

1.  The building or any external face of it is not used principally for the display of advertisements.

2.  For the purposes of Class D–

(a)an advertisement fixed to, or painted on, a building is not to be regarded as incorporated in its fabric;

(b)a hoarding or similar structure is to be regarded as a building used principally for the display of advertisements.

CLASS E
An advertisement displayed on an article for sale or on the container in, or from which, an article is sold.

1.  The advertisement refers only to the article for sale.

2.  The advertisement may not be illuminated.

3.  It may not exceed 0.1 square metre in area.

4.  For the purposes of Class E, “article” includes a gas or liquid.

CLASS F
An advertisement relating specifically to a pending Parliamentary, European Assembly or local government election.

1.  The advertisement shall be removed within 14 days after the close of the poll in the election to which it relates.

CLASS G
An advertisement required to be displayed by Standing Orders of either House of Parliament or by any enactment or any condition imposed by any enactment on the exercise of any power or function.

1.  If the advertisement would, if it were not within this Class, fall within any Class in Schedule 3, any conditions imposed on that Class as to size, height or number of advertisements displayed shall apply to it.

2.  In a case to which paragraph 1 does not apply, the size, height, and number of advertisements displayed shall not exceed what is necessary to achieve the purpose for which the advertisement is required.

3.  The advertisement may not be displayed after the expiry of the period during which it is required or authorised to be displayed, or, if there is no such period, the expiry of a reasonable time after its purpose has been satisfied.

CLASS H
A traffic sign.

1.  The sign is one approved under the Traffic Signs Regulations and General Directions 1981(1), or any directions made under those Regulations, or one for whose display the authorisation of the Secretary of State has been given under section 64 of the Road Traffic Regulation Act 1984(2).

CLASS I
The national flag of any country.

1.  Each flag is to be displayed on a single vertical flagstaff.

2.  Neither the flag nor the flagstaff may display any advertisement or subject matter additional to the design of the flag.

CLASS J
An advertisement displayed inside a building.

1.  The advertisement may not be illuminated.

2.  The building in which the advertisement is displayed is not used principally for the display of advertisements.

3.  No part of the advertisement may be within 1 metre of any external door, window or other opening, through which it is visible from outside.

(1)

S.I. 1981/859.

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