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DEEMED CONSENT ADVERTISEMENTS

There are 14 Classes of outdoor advertisement that benefit from deemed consent: that is, they do not normally require planning approval. Each has its own criteria that must be complied with. If these conditions are not fully satisfied then planning approval will be necessary.

There are also stricter rules for the display of deemed consent advertisements in any Area of Special Control of Advertisements.

Provided that the particular advertisement you propose to display conforms entirely to all the relevant provisions of its own class, you do not need the planning authority’s consent to display it. If you are in any doubt whether your advertisement benefits from deemed consent, you would be well advised to consult the planning authority before you display it.

1. Functional

2. On Premises

3. Temporary

4. Illuminated

5.On Business Premises

6. Forecourts

7. Flags

8. Poster-Hoardings

9. 4-Sheet Poster Panels

10. Watch Scheme Signs

11. Directional

12. Inside Buildings

13. 1st April 1974

14. After Consent Expiry

 

 

CLASS 1 - 'Functional Advertisements':-

Required by Public Bodies to provide directions or information about services, such as bus and rail timetables or public warning and information notices.

·         Advertisements must not exceed 1.55 square metres in area and a reasonable degree of illumination is allowed to enable the information or directions to be read in hours of darkness.

 

 

CLASS 2 - Miscellaneous advertisements on any premises:-

For a variety of small signs in and on buildings to which they relate.

Class 2A -       identification, direction or warning signs. Such as house numbers or names, 'no parking' signs, 'beware of the dog' notices etc.

·         Adverts must not exceed 0.3 sq m.

·         Illumination is NOT allowed.

Class 2B -       professional, business or trade signs for the premises concerned.

·         brass plates for doctors, dentist, surveyors etc

·         the name of the company operating from the premises.

·         Adverts must not exceed 0.3 sq m.

·         Two adverts may be displayed at different entrances if on different road frontages.

Class 2C -       permits, notices or signs concerning religious, educational, cultural, medical or other similar institutions, or

·         Any Inn or public house, block of flats, club , boarding house or hostel

·         Adverts may not exceed 1.2 sq m.

·         Two adverts may be displayed at different entrances if on different road frontages.

 Class 2B and C Advertisements may be illuminated with deemed consent if the illumination is intended to indicate that medical or similar services or supplies are available at the premises.

 No letters, figures, symbols or devices may be over 0.75m in height (750mm), or 0.3m in height if the premises are in an Area of Special Control of Advertisements.[ASCA]

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CLASS 3 - Temporary Advertisements:

Class 3A - Estate agents boards etc:-
They must not exceed 2 sq.m (or 2.3sq.m in total if two boards are to be joined together) for agricultural, commercial or industrial sales or lettings.

0.5 sq.m per board (or 0.6 sq.m if joined together) for residential sales or letting purposes. Boards may not extend outward from a wall in excess of 1m. Only one board may be displayed on the premises and must be removed within 14 days of completion of a sale or letting.

Class 3B - Temporary Sales Notices:-
E.g. sale of farm livestock and equipment, house auction notices. The board may not exceed 1.2 sq.m and must be placed only at the place of sale.

Class 3C - Construction Site Boards:-
Which display the names and details of those firms working on the construction site. Boards should not exceed 2 sq.m for the display of one firm at the premises, plus 0.4 sq.m for each additional firm if they are sharing the board.

·               if the development project is known by a particular name, the size of the advertisement board may be increased to enable the name to be displayed

·               If the board is more than 10m from a road it may increase to 3 sq.m plus 0.6 sq.m per firm on that board.

·               If the board is already being displayed, so that it is impracticable or inconvenient to add another name to it, any other firm, contractor or individual working at the site may display their own separate board for up to three months, provided that it is no larger than 0.5 of a square metre on each road frontage to the site of the project.

All boards under 3C must be removed after construction works have been completed.

CLASS 3D - Local Event Notices:-
That are not commercial, such as church fetes, amateur sports events, school open days etc. Essentially any advert for a non-commercial event by charitable, educational, religious, political, cultural, recreational or social groups.

·               Adverts must not exceed 0.6 sq.m.

 

CLASS 3E - Agricultural Demonstrations:-
E.g. crop trials.

·               Adverts may only be sited on the land where the demonstration is to take place, must be no larger than 1.2 sq.m in total for all notices (0.4 sq.m for individual notices) and may not remain in place exceeding 6 months in any year.

 

CLASS 3F - Adverts for Fairs & Circuses:-

·               The Local Authority must be informed of the sites for the adverts 14 days before the notices are posted.

·               The adverts may only be displayed up to 14 days in advance and must be removed within 7 days after the event.

·               The notice or sign must not exceed 0.6 of a square metre.

 

 IN ALL CLASS 3 ADVERTISEMENTS:

·               No letters, numbers, symbols or devices may exceed 0.75m (750mm) in height (0.3m (300mm) in any Area of Special Advertisement Control).

·               The highest part of the advertisement may not be more than 4.6m above ground level (3.6 m agl in Areas of Special Control [ASCA], except Estate Agents boards where the property to be sold or let is above that height).

·               No Class 3 advert may be illuminated.

·               If a Class 3 advertisement relates to a sale or event, it must not be displayed more than 28 days before the sale or event begins and must be removed within 14 days after it ends.

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CLASS 4 - Illuminated Advertisements:

Illumination is permitted under this Class for internally illuminated letters or characters on an illuminated background or lit by 'halo' illumination where:-

·               there is no flashing (intermittent) or moving light source,

·               no animation

·               no exposed cold cathode tubing and,

·               there must be no more than one fascia panel and one projecting sign at right angles,

·               for shops, the sign may only be displayed on a the wall with a shop window.

·               the sign must be at least 2.5m high at its lowest point,

·               fascia signs must not extend more than 250mm from a wall.

·               Projection signs must not exceed 250mm in width between the two sides.

 Class 4 is not available for any premises in a Conservation Area, Area of Outstanding Natural Beauty, The Broads or Area of Special Advertisement Control. [ASCA]

Class 4(A) permits internally or ‘halo’ illuminated advertisements on premises within a retail park but only on a frontage which faces or overlooks a communal car park. A projecting sign on these premises must not exceed 1 square metre, project more than 1 metre from the wall or be more than 1.5 metres high.

Class 4(B) permits internally or ‘halo’ illuminated advertisements on other business premises (see Class 5 below) if they relate wholly to the business or name or qualifications of the person carrying on the business or the goods sold or services provided. A projecting sign must not exceed 0.75 of a square metre in area, project more than 1 metre from the wall, exceed two-thirds of the width of any pavement below it, or be more than one-sixth of the frontage measured to the top of the advertisement.

 

 

CLASS 5 - Advertisements of Goods & Services:-
Which draw attention to any commercial or other services and goods for sale at business premises.

'Business Premises' includes:-

·               offices,

·               banks and building societies,

·               shops and shopping centres,

·               supermarkets of any size,

·               theatres, cinemas, dance halls, bingo halls,

·               amusement arcades,

·               showrooms and garages,

·               restaurants and cafes,

·               factories and private works.

 Class 5 only permits advertising of the Goods and Services available at the premises, including the name and qualifications of the business or individual providing the goods and services.

Eg "Butters Bakery" or "Ian P.Butter BSc FRICS CHARTERED SURVEYOR"

Class 5 adverts must not:-

·               have letters, numbers or device larger than 0.75m in height (0.3m in an Area of Special Control [ASCA],

·               have its highest part over 4.6m above ground level (3.6m in an ASCA),

·               have its highest point above the level of the bottom of the first floor window in the wall where the advert is located,

·               be illuminated (except for medical services or supplies [link]

·               exceed 10% in area of the external face of the building in a Special Control Area, measured up to a height of 3.6m above ground level.

For shops: an advertisement may only be displayed on the external wall containing the shop window.

 

CLASS 6 - Advertisements on Business Forecourts:

Class 6 allows Class 5 advertisements to be displayed on business forecourts; i.e. notices, signs and adverts drawing attention to commercial services, goods for sale and other business services, such as, petrol filling stations, enclosed or separated areas in front of shops, or terrace in front of a restaurant.

'Forecourt' - includes any wall, screen, fence or other structure that encloses a forecourt, so long as the means of enclosure is not part of the business premises itself.

Any signs under Class 6 must be:-

·               at ground level,

·               not exceeding 4.5sq.m for all forecourt advertisements on each frontage to the forecourt. I.e. two forecourt frontages allows 9 sq.m with no more than 4.5 sq.m on either frontage.

·               Must not be illuminated in any circumstances.

            A forecourt does NOT include the area of pavement in front of business premises which forms part of the highway.

Because Class 6 permits advertisements on the forecourt of business premises, any such notices, signs or advertisements must be at ground-level.
And the total permitted area for all forecourt advertisements must not exceed 4.6 square metres on each forecourt frontage to the premises. So a building with two forecourt frontages may have advertisements not exceeding 9 square metres in all, provided that those on each frontage do not exceed 4.6 square metres. Forecourt advertisements must not be illuminated in any circumstances.

 

 

CLASS 7 - Flag Advertisements: this deemed consent has no effect upon the display of the national flag under exempt advertisements.[link]

Class 7A - allows one flag on one flagpole of any height, fixed upright on the roof of a building. The flag itself may only have the name, device, emblem or trademark of the person or company occupying the building.

The flag may alternatively refer to a particular event that is to take place in the building.

Flags are not allowed to advertise a product without advertisement consent.

Class 7B - permits the display of flags at house building sites and where houses remain available for sale, but not in National Parks, Areas of Outstanding Natural Beauty, Conservation Areas, The Broads or Areas of Special Control of Advertisements [ASCA]

·         each flag must be on a single vertical flagpole,

·         no more that 1 flag for sites of 10 or less houses,

·         2 flags for sites of 11 - 100 houses,

·         3 flags for sites with over 100 houses.

·         no flagpole may exceed 4.6m high,

·         no flag may exceed 2 sq.m in area,

·         the flagpole must be removed before the end of 12 months from the completion of the last house. (there are special arrangements for phased developments).

 

CLASS 8 - Poster Hoardings Around Temporary Construction Sites:

Construction sites or buildings may be screened by poster hoardings for up to 3 years only, while work is being undertaken on the site.

This is only applicable to land being developed for commercial / business purposes and is NOT available for residential development sites.

This class allows some environmental benefit to flow from the screenage of the development site.

Class 8 is NOT available in National Parks, Areas of Outstanding Natural Beauty, Conservation Areas, The Broads or Areas of Special Control of Advertisements [ASCA]

Class 8 advertisements must not :-

·               be displayed for more than 3 months before the start of works on the site,

·               Be less than 1.5m high & 1m long, or more than 3.1m high and 12.1 m long,

·               Be displayed for more than 3 years.

But may:-
be illuminated in a manner reasonably required for the purposes of the advert.

 Written notification must be sent to the planning department at least 14 days before the poster hoarding is erected, accompanied by a copy of the detailed planning permission for the site.

 

CLASS 9 - Four Sheet Poster Panels Displayed on Purpose Designed Highway Structures:

This may include purpose designed bus shelters, poster beacons in pedestrianised areas, information kiosks etc.

·         the structure, such as a bus shelter or information kiosk, must be purpose-designed for displaying this size of poster-panel;

·         the poster-panel must not exceed 2.16 square metres in area; and

·         no illumination is permitted.

 

 

CLASS 10 - Neighbourhood Watch and other Watch Scheme Signs:

Class 10 enables outdoor signs for a closed circuit television surveillance scheme or a Neighbourhood Watch and other Watch schemes, jointly established by a local Watch committee and the police authority, to be displayed on, or near, highway land, saying that a Watch scheme is in operation in the area. This is also intended to include Home Watch, Crime Watch, Farm Watch and Industrial Watch schemes set up jointly with the police authority. Signs must NOT:-

·               exceed 0.2 sq.m ( 457mm x 457mm),

·               be more that 3.6m above ground level.

The local planning authority must be notified at least 14 days before a sign is to be erected to ensure it is properly authorised by the police and highway authority if necessary.

Any intended sign to be erected on highway land must first obtain the approval of the highway authority.

If support for the watch scheme is withdrawn the signs must be removed within 14 days.

 

 

CLASS 11 - Directional Advertisements: temporary signs used to direct visitors to house building sites. Adverts must:-

·               not be more than 0.15 sq.m (380mm x 380mm),

·               not be more than 4.6m above ground level, (3.6 m in [ASCA])

·               not have lettering less than 40mm or more than 250mm high,

·               not be illuminated or made of reflective material,

·               not look like an official traffic sign,

·               be near but not on highway land and not within 50m of an official traffic sign facing the same way.

·               not be more than 2 miles from the main entrance to the house building site.

·               not remain in place for more than two years

·               be removed once the housing development is completed.

 14 days notice must be given to the local authority before any sign is erected with details of their location and intended date of erection.

 

 

CLASS 12 - Advertisements Displayed Inside Buildings:

Adverts may be displayed inside a building if:

·               they are illuminated (eg Chemists sign)

·               the building is mainly used to display advertisements or,

·               the advertisement is within 1m of any window or other external opening from which it can be seen from outside the building.

 

 

CLASS 13 - Sites used to Display Advertisements for the preceding 10 years:

Class 13 allows advertisements to be displayed on a site that has been used continually for the preceding ten years for the display of advertisements. Class 13 does not permit any substantial increase in the extent, or alteration in the manner, of the use of the site or the display of the advertisement.

 

 

CLASS 14 - Advertisements Displayed after the Expiry of Express Consent:

An advertisement allowed under an express consent may be allowed to continue beyond the permitted period (usually 5 years), where the authority has not forbidden any further display or refused any renewal application.

 

 

CLASS 15: Captive balloons advertisements:-

One balloon advertisement may be displayed if it is:

·               not more than 60 metres above the ground;

·               not displayed for more than 10 days in any calendar year; and

·               not in any Area of Special Control of Advertisements, National Park, Area of Outstanding National Beauty, Conservation Area or the Broads.

Although captive balloon advertisements displayed at a height of more than 60 metres above ground level may be displayed, they are subject to the civil aviation controls over all forms of aerial advertising, and you must obtain the Civil Aviation Authority’s consent before you fly any balloon ata height of more than 60 metres.

 

 

CLASS 16: advertisements on telephone kiosks

Class 16 allows the display of an advertisement on the glazed surface of a telephone kiosk, other than a kiosk of type K2 (1927) or K6 (1935) designed by Giles Gilbert Scott.

[1] No advertisement may be displayed in an Area of Outstanding Natural

Beauty, a Conservation Area, a National Park, the Broards or an Area of

Special Control of Advertisements.

·               Illumination is not permitted.

·               With the exception of the name of the electronic communications code operator, its trading name or symbol, no advertisement may be displayed on more than one face of the kiosk.

·               Where three or more kiosks are sited in a row or group, the display of an advertisement on any face of one kiosk shall preclude the display of an advertisement on the face of any adjacent kiosk. 

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