The display of outdoor advertisements is controlled, in a planning sense, by regulations which sit alongside the planning acts. Where advertisement consent is granted, planning permission is also deemed to have been granted so that there is not a need for two approvals.
The law contains a very broad definition of what constitutes an advertisement. It includes posters, billboards, fascia signs, awnings, projecting signs, pole signs and directional signage to name but a few.
The advertisement regulations result in three broad classifications for obtaining consent:
- Advertisements excluded from the local planning authority’s (LPA) direct control. Examples include advertisements located inside a shopping centre, sports stadium or on a moving vehicle
- Advertisements whereby ‘deemed consent’ is granted provided certain limits and conditions are met (such as size, location and type of illumination), in a similar way to permitted development but without the need for prior approval. Examples include bus stop and estate agent signs.
An LPA may impose additional control by declaring an Area of Special Control of Advertisements requiring most advertisements to obtain express consent or imposing new conditions and limitations
- Advertisements whereby ‘express consent’ is required by making an application to the LPA. Examples include large billboards and some illuminated signage.
Where an application for express consent is required it may only be assessed in the interests of ‘amenity’ and ‘public safety’. While purposely not defined in detail so each case is considered on its merits, amenity typically relates to visual impact. Public safety includes matters such as highway safety.
The regulations specify five standard conditions that all advertisements with deemed or express consent must comply with. These relate to:
- Having the permission of the owner of the site on which they are displayed
- Not obscuring, or hindering the interpretation of road, rail, waterway or aircraft signs
- Being kept clean and tidy
- Being kept in a safe condition
- Ensuring the site is left in a condition that does not endanger the public or impair visual amenity when removed.
LPAs can serve discontinuation notices requiring the removal of an advertisement that benefits from deemed or express consent. If an LPA refuses consent, or requires the removal of an existing advertisement, there is a right of appeal. Displaying an advertisement without consent where required is an offence.
Further information
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