The Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994

Statutory Instruments

1994 No. 2351

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994

Made

7th September 1994

Laid before Parliament

9th September 1994

Coming into force

1st October 1994

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 220, 221, and 333(1) of the Town and Country Planning Act 1990(1), hereby make the following Regulations—

Citation, commencement and interpretation E+W

1.—(1) These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.

(2) In these Regulations—

“the principal Regulations” means the Town and Country Planning (Control of Advertisements) Regulations 1992(2);

“the Class 4 conditions” means the conditions and limitations applicable to advertisements described in Classes 4A and 4B in Part I of Schedule 3 to the principal Regulations; and

“the Class 8 conditions” and “the Class 9 conditions” mean the conditions and limitations applicable to advertisements described in Class 8 and in Class 9, respectively, in that Part.

Commencement Information

I1 Reg. 1 in force at 1.10.1994, see reg. 1(1)

Amendment of the principal Regulations E+W

2.  The principal Regulations are amended in accordance with regulations 3 to 9 below.

Commencement Information

I2 Reg. 2 in force at 1.10.1994, see reg. 1(1)

Definition of “statutory undertaker” E+W

3.  In regulation 2(1), in the definition of “statutory undertaker”—

(a) for “the British Coal Corporation” substitute “the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994”; and

(b) before “the Post Office” insert “any person who is a licence holder, or who has the benefit of a licence exemption, within the meaning of Part I of the Railways Act 1993,”(3).

Commencement Information

I3 Reg. 3 in force at 1.10.1994, see reg. 1(1)

Classes of advertisements to which Parts II and III of the principal Regulations do not apply E+W

4.  In Schedule 2, in Class F, for “European Assembly” substitute “European Parliamentary”.

Commencement Information

I4 Reg. 4 in force at 1.10.1994, see reg. 1(1)

Illuminated advertisements on business premises E+W

5.  In Part I of Schedule 3, in Class 4—

(a) in the descriptions of Classes 4A and 4B, for the words after “carried on”, substitute in each case “, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises.”;

(b) for paragraph (4) of the Class 4 conditions substitute the following—

“(4) Illumination may be—

(a) by halo illumination, or

(b) so long as no part of the background of the advertisement is illuminated, by illumination of each character or symbol of the advertisement from within.”;

(c) in paragraph (5) of the Class 4 conditions for “animation or reflective material” substitute “or animation”; and

(d) in paragraph (6) of the Class 4 conditions for “The luminance” substitute “Where the method of illumination is that described in paragraph (4)(b), the luminance”.

Commencement Information

I5 Reg. 5 in force at 1.10.1994, see reg. 1(1)

Flag advertisements E+W

6.  In Part I of Schedule 3, for Class 7 substitute the following—

“Class 7	Flag advertisements
Description	7A.   An advertisement in the form of a flag attached to a single flagstaff projecting vertically from the roof of a building.
Conditions and Limitations	7A.   — (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.
Description	7B.   An advertisement in the form of a flag attached to a single vertical flagstaff erected on a site which forms part of an area of land in respect of which planning permission has been granted for development of which the only or principal component is residential development and on which— (a) operations for the construction of houses are in progress pursuant to that permission, or (b) such operations having been completed, at least one of the houses remains unsold.
Conditions and Limitations	7B.   — (1) No such advertisement is permitted within a conservation area, an area of outstanding natural beauty, a National Park, the Broads or an area of special control. (2) The number of such advertisements on the land concerned shall not exceed— (a) where the aggregate number of houses on that land does not exceed 10, one; (b) where the aggregate number of houses on that land exceeds 10 but does not exceed 100, two; (c) where the aggregate number of houses on that land exceeds 100, three. (3) No part of the flagstaff may be more than 4.6 metres above ground level. (4) No flag shall exceed 2 square metres in area. (5) No such advertisement shall be displayed after the expiration of the period of 1 year commencing on the day on which building operations on the land concerned have been substantially completed.”

Commencement Information

I6 Reg. 6 in force at 1.10.1994, see reg. 1(1)

Advertisements on hoardings E+W

7.  In Part I of Schedule 3, in Class 8—

(a) in paragraph (2) of the Class 8 conditions for “one month” substitute “three months”;

(b) in paragraph (3) of the Class 8 conditions for “6.1 metres long” substitute “12.1 metres long”; and

(c) in paragraph (5) of the Class 8 conditions for “2 years” substitute “3 years”.

Commencement Information

I7 Reg. 7 in force at 1.10.1994, see reg. 1(1)

Advertisements on highway structures E+W

8.  In Part I of Schedule 3, in paragraph (1) of the Class 9 conditions, for “1.6 square metres” substitute “2.16 square metres”.

Commencement Information

I8 Reg. 8 in force at 1.10.1994, see reg. 1(1)

Interpretation of Part I of Schedule 3 to the principal Regulations E+W

9.  In Part II of Schedule 3 after paragraph 2 insert the following—

“3.   In relation to advertisements within Class 4A or Class 4B “halo illumination” means illumination from within built-up boxes comprising characters or symbols where the only source of light is directed through the back of the box onto an otherwise unilluminated backing panel.

4.— (1) For the purposes of Class 7B—

“aggregate number” means the aggregate of the number of houses constructed, in the course of construction or proposed to be constructed on the land concerned;

“flat” means a separate and self-contained set of premises constructed for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“house” includes a flat;

“planning permission” does not include any outline planning permission in relation to which some or all of the matters reserved for subsequent approval remain to be approved; and “the land concerned”, in relation to any development, means—

(a)

except in a case to which sub-paragraph (2) or (3) applies, the land to which the planning permission for the development relates;

(b)

in a case to which sub-paragraph (2) applies, the land on which a particular phase of that development was or, as the case may be, is being or is about to be carried out;

(c)

in a case to which sub-paragraph (3) applies, the part of the land to which the permission relates on which a person has carried out part of that development, or, as the case may be, is carrying it out or is about to carry it out.

(2) Subject to sub-paragraph (3), this sub-paragraph applies where the development is carried out in phases.

(3) This sub-paragraph applies where the development is carried out by two or more persons who each carry out part of it on a discrete part of the land to which the planning permission relates (whether the whole of the development or any part of it is carried out in phases or otherwise).”.

Commencement Information

I9 Reg. 9 in force at 1.10.1994, see reg. 1(1)

Signed by authority of the Secretary of State for the Environment

Paul Beresford

Parliamentary Under-Secretary of State,

Department of the Environment

22nd August 1994

Signed by authority of the Secretary of State for Wales

Gwilym Jones

Parliamentary Under-Secretary of State, Welsh Office

7th September 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Control of Advertisements) Regulations 1992 (“the principal Regulations”). In addition to minor drafting amendments, the following changes of substance are made—

(a) the means of illumination for illuminated advertisements for which deemed consent is given (Class 4 in Part I of Schedule 3 to the principal Regulations) are extended to include “halo” illumination (defined in a new paragraph 3 in Part II of that Schedule);

(b) the class of flag advertisement for which deemed consent is given (Class 7 in Part I of Schedule 3 to the principal Regulations) is extended so as to permit flag advertisements on certain sites on which houses have been or are being constructed. Some of the terms used in relation to the new Class 7B are defined in a new paragraph 4 in Part II of that Schedule; and

(c) restrictions as to the size of advertisements on hoardings (Class 8) and the period for which their display is permitted are relaxed; and similar restrictions as to size as regards advertisements in Class 9 (advertisements on highway structures) are relaxed.

(1)

1990 c. 8.

(2)

S.I. 1992/666.

(3)

1994 c. 21. 1993 c. 43.