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

Regulation 2(1)

SCHEDULE 1 STANDARD CONDITIONS

1.  Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the local planning authority.

2.  Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

3.  Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the local planning authority.

4.  No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

5.  No 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 aerodrome (civil or military).

Regulation 3

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

Description of advertisement	Conditions, 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.

Regulation 6

SCHEDULE 3 CLASSES OF ADVERTISEMENTS WHICH MAY BE DISPLAYED WITH DEEMED CONSENT

PART I specified classes and conditions

Class 1

Functional advertisements of local authorities, statutory undertakers and public transport undertakers

Description

1A.  An advertisement displayed wholly for the purpose of announcement or direction in relation to any of the functions of a local authority or to the operation of a statutory undertaking or a public transport undertaking, which–

(a) is reasonably required to be displayed for the safe or efficient performance of those functions, or operation of that undertaking, and

(b) cannot be displayed by virtue of any other specified class.

Conditions and Limitations

1A.—(1) Illumination is not permitted unless reasonably required for the purpose of the advertisement.

Description

1B.  An advertisement displayed by a local planning authority on land in their area.

Conditions and Limitations

1B.—(1) In an area of special control, no advertisement may be displayed for which the authority could not have granted express consent.

Class 2

Miscellaneous advertisements relating to the premises on which they are displayed

Description

2A.  An advertisement displayed for the purpose of identification, direction or warning, with respect to the land or building on which it is displayed.

Conditions and Limitations

2A.—(1) No such advertisement is to exceed 0.3 square metre in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

2B.  An advertisement relating to any person, partnership or company separately carrying on a profession, business or trade at the premises where it is displayed.

Conditions and Limitations

2B.—(1) No advertisement is to exceed 0.3 square metre in area.

(2) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(3) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

(4) Not more than one such advertisement is permitted for each person, partnership or company or, in the case of premises with entrances on different road frontages, one such advertisement at each of two such entrances.

(5) Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available on the premises and the illumination is in a manner reasonably required for that purpose.

Description

2C.  An advertisement relating to any institution of a religious, educational, cultural, recreational or medical or similar character, or to any hotel, inn or public house, block of flats, club, boarding house or hostel, at the premises where it is displayed.

Conditions and Limitations

2C.—(1) Not more than one such advertisement is permitted in respect of each premises or, in the case of premises with entrances on different road frontages, one such advertisement at each of two such entrances.

(2) No such advertisement may exceed 1.2 square metres in area.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

(5) Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available at the premises and the illumination is in a manner reasonably required for that purpose.

Class 3

Miscellaneous temporary advertisements

Description

3A.  An advertisement relating to the sale or letting, for residential, agricultural, industrial or commercial use or for development for such use, of the land or premises on which it is displayed.

Conditions and Limitations

3A.—(1) (a) Not more than one such advertisement, consisting of a single board or two joined boards, is permitted.

(b) Where more than one such advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No advertisement may be displayed indicating that land or premises have been sold or let, other than by the addition to an existing advertisement of a statement that a sale or letting has been agreed, or that the land or premises have been sold or let, subject to contract.

(3) Any Class 3A advertisement shall be removed within 14 days after the sale is completed or a tenancy is granted.

(4) No such advertisement may exceed in area–

(a) where the advertisement relates to residential use or development, 0.5 square metre or, in the case of two joined boards together, 0.6 square metre in aggregate;

(b) where the advertisement relates to any other use or development, 2 square metres or, in the case of two joined boards, 2.3 square metres.

(5) Where the advertisement is displayed on a building, the maximum projection permitted from the face of the building is 1 metre.

(6) Illumination is not permitted.

(7) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(8) No part of the advertisement may be higher above ground level than 4.6 metres, or 3.6 metres in an area of special control or, in the case of a sale or letting of part only of a building, the lowest level of that part of the building on which display is reasonably practicable.

Description

3B.  An advertisement announcing the sale of goods or livestock, and displayed on the land where the goods or livestock are situated or where the sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding such sales.

Conditions and Limitations

3B.—(1) (a) Not more than one such advertisement may be displayed at any one time on the land concerned.

(b) Where more than one such advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the sale is due to take place.

(3) Any such advertisement shall be removed within 14 days after the sale is completed.

(4) No such advertisement may exceed 1.2 square metres in area.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

3C.  An advertisement relating to the carrying out of building or similar work on the land on which it is displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purposes of carrying out such work.

Conditions and Limitations

3C.—(1) (a) Not more than one such advertisement shall be displayed at any time, on each road frontage of the land, in respect of each separate development project, except in the case mentioned in paragraph (4) below.

(b) Where more than one such advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No such advertisement may be displayed except while the relevant works are being carried out.

(3) No such advertisement may exceed in aggregate–

(a) in the case of an advertisement referring to one person–

(i) if the display is more than 10 metres from a highway, 3 square metres in area; or

(ii) in any other case, 2 square metres;

(b) in the case of an advertisement referring to more than one person–

(i) if the display is more than 10 metres from a highway, 3 square metres plus 0.6 square metre for each additional person, or

(ii) in any other case, 2 square metres plus 0.4 square metre for each additional person,

together with 0.2 of the area permitted under sub-paragraph (a) or (b) above for the name, if any, of the development project.

(4) Where any such advertisement does not refer to any person carrying out such work, that person may display a separate advertisement with a maximum area of 0.5 square metre, which does so refer, on each frontage of the land for a maximum period of 3 months.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

3D.  An advertisement–

(i) announcing any local event of a religious, educational, cultural, political, social or recreational character,

(ii) relating to any temporary matter in connection with an event or local activity of such a character,

not being an event or activity promoted or carried on for commercial purposes.

Conditions and Limitations

3D.—(1) No such advertisement may exceed 0.6 square metre in area.

(2) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the event is due to take place.

(3) Any such advertisement shall be removed within 14 days after the end of the event.

(4) Illumination is not permitted.

(5) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(6) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

3E.  An advertisement relating to any demonstration of agricultural methods or processes, on the land on which it is displayed.

Conditions and Limitations

3E.—(1) No such advertisement may be displayed for more than 6 months in any period of 12 months.

(2) The maximum area of display permitted in respect of each demonstration is 1.2 square metres.

(3) No single advertisement within such a display may exceed 0.4 square metre in area.

(4) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the demonstration is due to take place and shall be removed within 14 days after the end of the demonstration.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

3F.  An advertisement relating to the visit of a travelling circus, fair or similar travelling entertainment to any specified place in the district.

Conditions and Limitations

3F.—(1) No such advertisement may exceed 0.6 square metre in area.

(2) No such advertisement may be displayed earlier than 14 days before the first performance or opening of the entertainment at the place specified.

(3) Any such advertisement shall be removed within 7 days after the last performance or closing of the specified entertainment.

(4) At least 14 days before the advertisement is first displayed, the local planning authority are to be notified in writing of the first date on which, and of the site at which, it is to be displayed.

(5) Illumination is not permitted.

(6) No part of the advertisement may be more than 3.6 metres above ground level.

Class 4

Illuminated advertisements on business premises

Description

4A.  An illuminated advertisement displayed on the frontage of premises within a retail park, which overlook or face on to a communal car park wholly bounded by the retail park, where the advertisement refers wholly to the business carried on, and the name and qualifications of the person carrying on a business from the premises.

Conditions and Limitations

4A.—(1) Subject to paragraph (11) below, no such advertisement is permitted within a conservation area, an area of outstanding natural beauty, a National Park, an area of special control or the Broads.

(2) In the case of a shop, no such advertisement may be displayed except on a wall containing a shop window.

(3) Not more than one such advertisement parallel to a wall and one projecting at right angles from such a wall is permitted, and in the case of any projecting advertisement–

(a) no surface may be greater than 1 square metre in area;

(b) the advertisement may not project more than 1 metre from the wall; and

(c) it may not be more than 1.5 metres high.

(4) Each character of the advertisement but no part of the background is to be illuminated from within.

(5) No such advertisement may include any intermittent light source, moving feature, exposed cold cathode tubing, animation or reflective material.

(6) The luminance of any such advertisement may not exceed the limits specified in paragraph 3 of Part II of this Schedule.

(7) In the case of any advertisement consisting of a built-up box containing the light source, the distance between–

(a) the face of the advertisement and any wall parallel to which it is displayed, at the point where it is affixed, or

(b) the two faces of an advertisement projecting from a wall,

may not exceed 0.25 metre.

(8) The lowest part of any such advertisement must be at least 2.5 metres above ground level.

(9) No character or symbol on the advertisement may be more than 0.75 metre in height.

(10) No part of the advertisement may be higher above ground level than 4.6 metres or the bottom level of any first floor window in the wall on which the advertisement is displayed, whichever is the lower.

(11) Any such advertisement displayed on the date of designation of the relevant area, for the purposes of paragraph (1) above, may continue to be displayed for a period of 5 years from that date.

Description

4B.  An illuminated advertisement, other than one falling within Class 4A, displayed on business premises wholly with reference to the business carried on and the name and qualifications of the person carrying on a business from those premises.

Conditions and Limitations

4B.—(1) Subject to paragraph (12) below, no such advertisement is permitted within a conservation area, an area of outstanding natural beauty, a National Park, an area of special control or the Broads.

(2) In the case of a shop, no such advertisement may be displayed except on a wall containing a shop window.

(3) Not more than one such advertisement parallel to a wall and one projecting at right angles from such a wall is permitted, and in the case of any projecting advertisement–

(a) no surface may be greater than 0.75 square metre in area;

(b) the advertisement may not project more than 1 metre from the wall or two thirds of the width of any footway or pavement below, whichever is the less;

(c) it may not be more than 1 metre high; and

(d) it may not project over any carriageway.

(4) Each character of the advertisement but no part of the background is to be illuminated from within.

(5) No such advertisement may include any intermittent light source, moving feature, exposed cold cathode tubing, animation or reflective material.

(6) The luminance of any such advertisement may not exceed the limits specified in paragraph 3 of Part II of this Schedule.

(7) In the case of any such advertisement consisting of a built-up box containing the light source, the distance between–

(a) the face of the advertisement and any wall parallel to which it is displayed, at the point where it is affixed, or

(b) the 2 faces of an advertisement projecting from a wall,

may not exceed 0.25 metre.

(8) The lowest part of any such advertisement shall be at least 2.5 metres above ground level.

(9) No surface of any advertisement may exceed one sixth of the frontage on which it is displayed, measured up to a height of 4.6 metres from ground level or 0.2 of the frontage measured to the top of the advertisement, whichever is the less.

(10) No character or symbol on the advertisement may be more than 0.75 metre in height.

(11) No part of the advertisement may be higher above ground level than 4.6 metres or the bottom level of any first floor window in the wall on which the advertisement is displayed, whichever is the lower.

(12) Any such advertisement displayed on the date of designation of the relevant area, for the purposes of paragraph (1) above, may continue to be displayed for a period of 5 years from that date.

Class 5

Advertisements (other than illuminated advertisements) on business premises

Description

5.  Any advertisement which does not fall within Class 4A or 4B displayed on business premises wholly with reference to the business carried on, the goods sold or services provided, and the name and qualifications of the person carrying on the business, or supplying the goods or services, on those premises.

Conditions and Limitations

5.—(1) In the case of a shop, no such advertisement may be displayed, except on a wall containing a shop window.

(2) In an area of special control, the space occupied by any such advertisement may not exceed 0.1 of the overall area of the face of the building on which it is displayed, up to a height of 3.6 metres from ground level; and the area occupied by any such advertisement shall, notwithstanding that it is displayed in some other manner, be calculated as if the whole advertisement were displayed flat against the face of the building.

(3) Illumination is not permitted.

(4) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(5) No part of the advertisement may be higher above ground level than whichever is the lower of–

(a) 4.6 metres, or 3.6 metres in an area of special control; or

(b) the bottom level of any first floor window in the wall on which the advertisement is displayed.

Class 6

An advertisement on a forecourt of business premises

Description

6.  An advertisement displayed on any forecourt of business premises, wholly with reference to all or any of the matters specified in Class 5.

Conditions and Limitations

6.—(1) Advertisements displayed on any such forecourt or, in the case of a building with a forecourt on two or more frontages on each of those frontages, shall not exceed in aggregate 4.5 square metres in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 7

Flag advertisements

Description

7.  An advertisement in the form of a flag attached to a single flagstaff projecting vertically from the roof of a building.

Conditions and Limitations

7.—(1) No such advertisement is permitted other than one–

(a) bearing the name or device of any person occupying the building; or

(b) referring to a specific event (other than the offering of named goods for sale) of limited duration, which is taking place in the building, for the duration of that event.

(2) No character or symbol on the flag may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

Class 8

Advertisements on hoardings

Description

8.  An advertisement on a hoarding which encloses, either wholly or in part, land on which building operations are taking place or are about to take place, if those operations are in accordance with a grant of planning permission (other than outline permission) for development primarily for use for commercial, industrial or business purposes.

Conditions and Limitations

8.—(1) Subject to paragraph (7) below, no such advertisement shall be displayed in a conservation area, an area of special control, a National Park, an area of outstanding natural beauty or the Broads.

(2) No such advertisement may be displayed earlier than one month before the commencement of the building operations.

(3) Any such advertisement shall be at least 1.5 metres high and 1 metre long and not more than 3.1 metres high and 6.1 metres long.

(4) At least 14 days before the advertisement is first displayed, the local planning authority shall be notified in writing by the person displaying it of the date on which it will first be displayed and shall be sent a copy of the relevant planning permission.

(5) No such advertisement shall be displayed for more than 2 years.

(6) Illumination is permitted in a manner and to the extent reasonably required to achieve the purpose of the advertisement.

(7) Any such advertisement displayed on the date of designation of the relevant area, for the purposes of paragraph (1) above, may continue to be displayed for a period of 1 year from that date or 2 years from the date of commencement of the display, whichever is the later.

Class 9

Advertisements on highway structures

Description

9.  An advertisement displayed on a part of an object or structure designed to accommodate four-sheet panel displays, the use of which for the display of such advertisements is authorised under section 115E(1)(a) of the Highways Act 1980(3).

Conditions and Limitations

9.—(1) No such advertisement may exceed 1.6 square metres in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 10

Advertisements for neighbourhood watch and similar schemes

Description

10.  An advertisement displayed on or near highway land (but not in the window of a building), to give notice that a neighbourhood watch scheme or a similar scheme established jointly by the police authority and a local committee or other body of persons is in operation in the area.

Conditions and Limitations

10.—(1) No such advertisement may exceed 0.2 square metre in area.

(2) No such advertisement may be displayed on highway land without the consent of the highway authority.

(3) The local planning authority shall, at least 14 days before the advertisement is first displayed, be given particulars in writing of the place at which it is to be displayed and a certificate–

(a) that the scheme has been properly established;

(b) that the police authority have agreed to the display of the advertisement; and

(c) where relevant, that the consent of the highway authority has been given.

(4) Any such advertisement shall be removed within 14 days after–

(a) the relevant scheme ceases to operate;

(b) the relevant scheme ceases to be approved by the police authority; or

(c) the highway authority withdraw their consent to its display.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 3.6 metres above ground level.

Class 11

Directional advertisements

Description

11A.  An advertisement on a single flat surface directing potential buyers and others to a site where residential development is taking place.

Conditions and Limitations

11A.—(1) No such advertisement may exceed 0.15 square metre in area.

(2) No part of the advertisement may be of a reflective material.

(3) The design of the advertisement may not be similar to that of a traffic sign.

(4) The advertisement is to be displayed on land adjacent to highway land, in a manner which makes it reasonably visible to an approaching driver, but not within 50 metres of a traffic sign intended to be observed by persons approaching from the same direction, or within 25 metres of a Class 11B advertisement.

(5) No advertisement may be more than two miles from the main entrance of the site.

(6) The local planning authority shall, at least 14 days before the advertisement is first displayed, be notified in writing of the place at which, and the first date on which, it will be displayed.

(7) No such advertisement may be displayed after the development of the site is completed or, in any event, for more than 2 years.

(8) Illumination is not permitted.

(9) Any character or symbol on the advertisement shall be at least 0.04 metre high.

(10) No character or symbol on the advertisement may be more than 0.25 metre high.

(11) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Description

11B.  In the Ashford, Dover and Shepway experimental area, an advertisement displayed to direct visitors to the locality of a tourist attraction or a tourist facility.

Conditions and Limitations

11B.—(1) Any such advertisement is to consist of white characters or symbols on a brown background.

(2) No such advertisement may exceed 0.5 square metre in area.

(3) No part of any such advertisement may be of a reflective material or illuminated.

(4) Any such advertisement is to be displayed on land adjacent to a highway (but not on highway land), by which the specified tourist attraction or facility may be approached.

(5) Except for one advertisement which may be displayed at or immediately opposite the main entrance to the attraction or facility, any such advertisement is to be single-sided and displayed so as to be reasonably visible to a driver of a vehicle approaching it and may not be displayed–

(a) within 50 metres of an existing traffic sign, if it faces in the same direction as that traffic sign;

(b) within 25 metres of an existing directional advertisement for any tourist attraction or facility;

(c) if there is already an existing directional advertisement for the specified tourist attraction or facility, on the same approach route to that attraction or facility; and

(d) outside a radius of 2 miles from the main entrance to that attraction or facility.

(6) The advertiser shall, not later than 21 days before the date on which it is first displayed–

(a) notify the local planning authority in writing of the date on which the advertisement will be displayed, the precise location of the advertisement, and the tourist attraction or facility specified; and

(b) provide the local planning authority, by means of a scale drawing, or a plan, or a coloured photograph, with a description from which the advertisement may be readily identified.

(7) Any character or symbol on the advertisement shall be at least 0.04 metre high.

(8) No character or symbol on the advertisement may be more than 0.25 metre high.

(9) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 12

Advertisements inside buildings

Description

12.  An advertisement displayed inside a building which does not fall within Class J in Schedule 2.

Class 13

Sites used for the display of advertisements on 1st April 1974

Description

13.  An advertisement displayed on a site which was used for the display of advertisements without express consent on 1st April 1974 and has been so used continually since that date.

Conditions and Limitations

13.—(1) No substantial increase in the extent, or substantial alteration in the manner, of the use of the site for the display of advertisements on 1st April 1974 is permitted.

(2) If any building or structure on which such an advertisement is displayed is required by any enactment to be removed, no erection of any building or structure to continue the display is permitted.

Class 14

Advertisements displayed after expiry of express consent

Description

14.  An advertisement displayed with express consent, after the expiry of that consent, unless–

(a) a condition to the contrary was imposed on the consent, or

(b) a renewal of consent was applied for and refused.

Conditions and Limitations

14.—(1) Any condition imposed on the relevant express consent is to continue to apply to any such advertisement.

(2) No advertisement may be displayed under this class except on a site which has been continually used for the purpose since the expiry of the express consent.

PART II interpretation

1.—(1) In Part I of this Schedule–

(1) “business premises” means any building or part of a building normally used for the purpose of any professional, commercial or industrial undertaking, or for providing services to members of the public or of any association, and includes a public restaurant, licensed premises and a place of public entertainment, but not–

(a) a building used as an institution of a religious, educational, cultural, recreational, or medical or similar character;

(b) a building designed for use as one or more separate dwellings, unless it was normally used, immediately before 1st September 1949, for any such purpose or has been adapted for use for any such purpose by the construction of a shop front or the making of a material alteration of a similar kind to its external appearance;

(c) any forecourt or other land forming part of the curtilage of a building;

(d) any fence, wall or similar screen or structure, unless it forms part of the fabric of a building;

• “existing directional advertisement” does not include any advertisement displayed without express or deemed consent;

• “forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises;

• “ground level”, in relation to the display of advertisements on any building, means the ground-floor level of that building;

• “joined boards” means boards joined at an angle, so that only one surface of each is usable for advertising;

• “public transport undertaking” means an undertaking engaged in the carriage of passengers in a manner similar to that of a statutory undertaking;

• “retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which–

  (a)

  are set apart from existing shopping centres but within an existing or proposed urban area;

  (b)

  sell primarily goods other than food;

  (c)

  share one or more communal car parks.

• “traffic sign” means a sign falling within Class H of Schedule 2 to these Regulations.

(2) Where a maximum area is specified, in relation to any class in this Schedule, in the case of a double-sided board, the area of one side only shall be taken into account.

2.  For the purposes of assessing the effect on amenity and public safety of advertisements falling within the description in Class 11B, an area comprising the borough of Ashford, and the districts of Dover and Shepway is defined as the Ashford Dover and Shepway experimental area for a period of 2 years beginning on 1st July 1987.

3.—(1) The permitted limits of luminance for advertisements falling within Class 4A or 4B are, subject to sub-paragraph (2), for an illuminated area measuring not more than–

(a) 0.5 square metre, 1,000 candela,

(b) 2 square metres, 800 candela,

(c) 10 square metres, 600 candela,

and for any greater area, 400 candela.

(2) For the purposes of calculating the relevant area for the permitted limits–

(a) each advertisement, or in the case of a double-sided projecting advertisement, each side of the advertisement is to be taken separately;

(b) no unilluminated part of the advertisement is to be taken into account.

Regulation 15

SCHEDULE 4 APPEALS TO THE SECRETARY OF STATE

PART I modifications of the act (applications for express consent)

1.  In section 36 of the Act–

(a) in subsection (1), for the words from “for planning permission” to “permission, consent, agreement or approval,” substitute “for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 and”;

(b) for subsection (2), substitute the following subsections:–

“(2) Notice of appeal shall be given in writing to the Secretary of State within 8 weeks from the date of receipt of notification of the local planning authority’s decision, or such longer period as the Secretary of State may at any time allow, and the notice shall be accompanied by a copy of each of the following documents:–

(a) the application made to the local planning authority;

(b) all relevant plans and particulars submitted to them;

(c) the notice of decision; and

(d) all other relevant correspondence with the authority.

(2A) Where an appeal is brought under this section, the Secretary of State may require the applicant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the applicant and the local planning authority, determine the appeal without complying with subsection (4) of this section.”;

(c) after subsection (3), insert–

“(3A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than five years as he considers expedient, having regard to regulation 4 of the Regulations and to any period specified in the application for consent.”;

(d) subsection (5) shall be omitted;

(e) at the end of subsection (6), add the words “and shall otherwise have effect as if it were a decision of the local planning authority”;

(f) in subsection (7), for the words from “in respect of an application for planning permission” to “planning permission for that development”, substitute the words “in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent”.

2.  In section 37–

(a) for the words from the beginning to “order” in the first place where it appears, substitute “Where any such application as is mentioned in section 36(1) of this Act (as applied and modified by the Town and Country Planning (Control of Advertisements) Regulations 1989) is made to a local planning authority then, unless within the period of 8 weeks from the date when the application was received by the local planning authority”;

(b) for the words from “either” to “section 35 of this Act” substitute “give notice to the applicant of their decision on the application”;

(c) for the words “permission or approval”, substitute “consent”;

(d) after the words “of this Act” insert “(as so modified)”; and

(e) for the words “at the end of the period prescribed by the development order” substitute “at the end of the period referred to above”.

PART II sections 36 and 37 of the act as modified (applications for express consent)

“36.— (1) Where an application is made to a local planning authority for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 and is refused by that authority or granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

(2) Notice of appeal shall be given in writing to the Secretary of State within 8 weeks from the date of receipt of notification of the local planning authority’s decision, or such longer period as the Secretary of State may at any time allow, and the notice shall be accompanied by a copy of each of the following documents:–

(a) the application made to the local planning authority;

(b) all relevant plans and particulars submitted to them;

(c) the notice of decision; and

(d) all other relevant correspondence with the authority.

(2A) Where an appeal is brought under this section, the Secretary of State may require the applicant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify; and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the applicant and the local planning authority, determine the appeal without complying with subsection (4) of this section.

(3) Where an appeal is brought under this section from a decision of a local planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary part of the decision of the local planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

(3A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than five years as he considers expedient having regard to regulation 4 of the Regulations and any period specified in the application for consent.

(4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 48 of this Act, the Secretary of State shall, if either the applicant or the local planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) The decision of the Secretary of State on any appeal under this section shall be final and shall otherwise have effect as if it were a decision of the local planning authority.

(7) If, before or during the determination of an appeal under this section in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent could not have been granted by the local planning authority or could not have been granted by them otherwise than subject to the conditions imposed by them, he may decline to determine the appeal or to proceed with the determination of it.

(8) Schedule 9 to this Act applies to appeals under this section, including appeals under this section as applied by or under any provision of this Act.

37.   Where any such application as is mentioned in section 36(1) of this Act (as applied and modified by the Town and Country Planning (Control of Advertisements) Regulations 1989) is made to a local planning authority then, unless within the period of 8 weeks from the date when the application was received by the local planning authority, or within such extended period as may at any time be agreed upon in writing between the applicant and the local planning authority, the local planning authority give notice to the applicant of their decision on the application, the provisions of section 36 of this Act (as so modified) shall apply in relation to the application as if the consent to which it relates had been refused by the local planning authority, and as if notification of their decision had been received by the applicant at the end of the period referred to above, or at the end of the said extended period, as the case may be.”

PART III modifications of the act (discontinuance notices)

1.  In section 36 for subsections (1) and (2) substitute–

“(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1989 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.

(2) Notice of appeal shall be given in writing to the Secretary of State at any time before the date on which the discontinuance notice is due to take effect under regulation 8(3) taking account, where appropriate, of any extension of time under regulation 8(5) of the 1989 Regulations, or such longer period as the Secretary of State may allow, and the notice shall be accompanied by a copy of each of the following documents:–

(a) the discontinuance notice;

(b) any notice of variation thereof; and

(c) any relevant correspondence with the authority.

(2A) Where an appeal is brought under this section, as applied by regulation 15(3) of the 1989 Regulations, the Secretary of State may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the discontinuance notice as he may specify and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal, he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with subsection (4) of this section.”.

2.  In subsection (3)–

(i) omit the words “from a decision of a local planning authority”;

(ii) for the words, “any part of the decision,” substitute “any part of the discontinuance notice”; and

(iii) for the words “may deal with the application as if it has been made to him in the first instance.”, substitute “may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.”.

3.  For subsection (5), substitute–

“(5) On the determination of an appeal under this section, as applied by regulation 15(3) of the 1989 Regulations, the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.”.

4.  Subsection (7) shall be omitted.

Regulation 18

SCHEDULE 5 AREA OF SPECIAL CONTROL ORDERS

PART I procedure for area of special control orders

1.  A local planning authority who propose–

(a) to designate an area of special control; or

(b) to modify an area of special control order,

shall make an area of special control order designating the area or indicating the modifications by reference to an annexed map.

2.  If an area of special control order contains any descriptive matter relating to the area or the modifications in question, that descriptive matter shall prevail, in the case of any discrepancy with the map, unless the order provides to the contrary.

3.  As soon as may be after the making of an area of special control order, the authority shall submit it to the Secretary of State for approval, together with–

(a) two certified copies of the order;

(b) a full statement of their reasons for making it;

(c) in the case of an order modifying an existing order, unless the boundaries of the existing area of special control are indicated on the map annexed to the order, a plan showing both these boundaries and the proposed modifications; and

(d) any additional certified copy of any of the material in subparagraphs (a) to (c) above, which the Secretary of State requires.

4.  The authority shall forthwith publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice in prescribed Form 1.

5.  If any objection is made to an order, in the manner and within the time provided for in the prescribed form, the Secretary of State–

(a) may offer all interested parties an opportunity to make representations to him in writing about any such operation, before such date as he may specify;

(b) may, and at the request of any interested party shall, either provide for a local inquiry to be held or afford to the parties an opportunity of a hearing before a person appointed by him.

6.  After considering any representations or objections duly made and not withdrawn and, where applicable, the report of any person holding an inquiry or hearing, the Secretary of State may, subject to paragraph 7 below, approve the order with or without modifications.

7.  If the Secretary of State proposes to make a modification for the inclusion of additional land in an order, he shall–

(a) publish notice of his intention to do so;

(b) afford an opportunity for the making of objections to, or representations about, the proposed modification; and

(c) if he considers it expedient, provide for a further inquiry or hearing to be held.

8.  As soon as may be after the order has been approved, the local planning authority shall publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice of its approval in prescribed Form 2.

9.  An area of special control order shall come into force on the date on which the notice of its approval is published in the London Gazette.

10.  Where a local planning authority propose to make an order revoking an area of special control order, a map showing the existing area shall be annexed to the order, and the procedure prescribed in paragraphs 2 to 9 of this Schedule in relation to an order modifying an existing order shall be followed, subject to the modification that the prescribed forms of notice under paragraphs 4 and 8 respectively are prescribed Forms 3 and 4.

11.  Any reference in this Part of this Schedule to a prescribed form is to the form bearing that number in Part II of this Schedule or a form substantially to the like effect.

PART II FORMS OF NOTICE

FORM 1 Notice of an area of special control orderTOWN AND COUNTRY PLANNING ACT 1971

Town and Country Planning (Control of Advertisements) Regulations 1989

FORM 2 Notice of approval of an area of special control orderTOWN AND COUNTRY PLANNING ACT 1971

Town and Country Planning (Control of Advertisements) Regulations 1989

FORM 3 Notice of revocation of an area of special control orderTOWN AND COUNTRY PLANNING ACT 1971

Town and Country Planning (Control of Advertisements) Regulations 1989

FORM 4 Notice of approval of an order revoking an area of special control orderTOWN AND COUNTRY PLANNING ACT 1971

Town and Country Planning (Control of Advertisements) Regulations 1989

(1)

S.I. 1981/859.

(2)

1984 c. 27.

(3)

1980 c. 66; section 115E was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Schedule 5, Part I.