Advertisement Control - Planning Regulations
What is an
advertisement?
Do I need permission to
display advertisements?
How to apply for advertisement
consent
How
your application for consent is decided
What happens after the
authority's decision?
What happens if the planning
authority refuse consent?
How and when you can appeal to
the Secretary of State?
Illegal
advertisements
Discontinuance
Action
What is an advertisement?
An advertisement is a poster, placard, a fascia sign, a
projecting sign, pole sign, canopy sign, model and device, advance
sign and directional sign, estate agents boards, captive balloon
advertisements (not balloons in flight), flag advertisements, price
displays, traffic signs and place name signs. Memorials and railway
signals are not advertisements.
The standard conditions in the regulations for all advertisements
are that they are kept clean and tidy and in a safe condition. They
must have the permission of the site owner including the Council on
highway land. They must not block the view of road, rail, waterway
or aircraft signs and they must not be so permanent that they
cannot be removed if required.
Do I need permission to display advertisements?
Yes, unless your advert is allowed for in the Advert Regulations
and this page gives advice. The definitive rules are in the Town
and Country Planning (Control of Advertisements Regulations 2007)
(as amended).
There are three different groups of outdoor advertisement covered
by the regulations.
- Advertisements which are deliberately excluded from
control.
- Advertisements which have 'deemed consent' meaning an
application is not needed provided you stay within certain
rules.
- Advertisements for which an application is always
needed.
The Government have produced a guide to Outdoor Advertisements
and Signs which explains in detail whether or not advertisement
consent is required for different types of advertisements and
signs. View A Guide
to outdoor Advertisements and Signs 
(1169K)
How to apply for advertisement consent
To apply for advertisement consent you will need to;
For more information on submitting a planning application go to
the How to Submit a Planning Application
page
How is your advertisement consent decided
Your application should be dealt with in 8 weeks and will be
subject to the normal Planning and Building Control procedures for
planning applications. When considering applications, the Council
takes into account aspects of 'amenity' and 'public safety'. Some
advice on this is in
Planning Policy Guidance Note 19
Amenity usually means the effect an advertisement has on the
immediate neighbourhood. For example, if an advertisement is
visually dominating a group of 'listed' buildings or a residential
area it would be refused. But where there are large buildings and
main highways, for example in industrial or commercial areas, the
Council may grant consent for a large hoarding which might not look
out of place.
Amenity considerations do not include content, subject matter, or
public decency. These factors are controlled by a voluntary 'code
of conduct' supervised by the Advertising Standards Authority.
Public safety means the safety of road traffic, other modes of
transport or pedestrians. The Council assesses likely effects on
driver behaviour and confusion with traffic signs or signals. The
Council knows that advertisements are intended to attract people's
attention, so signs would not automatically be regarded as a
distraction to road users. However, what really matters is whether
a sign is so distracting or confusing that it creates a danger.
What happens after the authority's decision?
Approvals for advertisements are usually temporary for five
years but the Council can grant consent for a longer or shorter
period so check the decision notice. Unless the Council have
imposed a condition that your advertisement must be removed after
your consent expires you may continue to display it without a
further application unless the Council takes discontinuance action
against it.
What happens is the planning authority refuses consent?
If the Council refuse your application or imposes a condition
you do not like you have right to appeal. You can also appeal if we
fail to give a decision within eight weeks.
For more information on planning appeals go to the Planning Appeals page
How and when you can appeal to the Secretary of State?
If you wish to appeal you must contact the
Planning Inspectorate. Appeal forms can be obtained
direct from the Planning Inspectorate. You must appeal within
eight weeks of the decision notification and the appeal decision is
usually final.
Illegal advertisements
The Council can prosecute illegal advertisers but unless the
offence is especially flagrant or repeated we will invite an
application. The continued display of advertisements after refusal
and any appeal dismissed, would result in prosecution. The maximum
fine on conviction is presently £ 1,000 with additional daily fines
on conviction of a continuing offence.
Fly posting is also open to prosecution and signs can simply be
removed. If the signs identify the advertiser we will give two days
notice of removal which then can be contested.
Discontinuance Action
This action is taken when any advertisements in the deemed
consent categories cause a substantial injury to the amenity of the
locality or a danger to members of the public. We will ensure that
the advertiser, the land-owner and any occupiers receive copies of
the discontinuance notice. The notice will state the period within
which the display or use must stop, the reasons why, and when the
notice comes into effect.
Anyone who receives a discontinuance notice has a right of appeal
before it takes effect. If the appeal fails the display must stop
on the date specified in the appeal decision.