|
|
|
ADVERTS | HOME PAGE | CONTENTS
ADVERTISEMENTS REQUIRING EXPRESS CONSENT
Adverts that
are not excluded from control [link], or do not benefit from 'deemed consent' [link], will require a
specific application for Advertisement Consent.
Applying for Consent:
You can normally obtain a
standard application form from the planning authority and it is always a good
idea to discuss your proposal before you make your application, in case there
are particular matters which you need to take into account. For a checklist of
requirements go to Advertisement Checklist.
It will be necessary to submit
illustrative drawings and other details about the type and appearance of the
advert you are seeking permission for. This should include details of size and
design, any illumination proposed and colours to be used.
Your application should be
accompanied by the appropriate planning fee.
Consideration of the
Application:
Your application is considered
by the planning committee or dealt with under delegated powers.
The planning authority may
only assess your application having regard to two issues, interests of
amenity and interests of public safety.
(Advice on these terms is
given in Circular 03/2007 PPG.19. See Circulars & PPG’s)
These terms are open to interpretation, depending upon differing circumstances.
'Amenity' is usually considered in relation to visual amenity; i.e. the
visual effect of the proposal on the local environment. A large sign
permissible in one area may be refused or size limited in a more sensitive
area.
Clearly, high amenity areas
such as Conservation Areas will attract a much higher degree of attention to
signage than elsewhere. That is why you see major high-street retailers and
restaurant chains, adopting lower profile or semi-vernacular signage in some
areas, in order to blend in better with the local environment.
In all cases
the content of the advertisement is not an issue for the planning authority.
Offences to public decency are not planning matters.
The
Advertising Standards Authority operates a voluntary Code of Conduct for
matters of content.
'Public Safety' considerations do not include any
consideration of content. The issue for the planning authority in this case is
whether the positioning, size etc of the advert is such that it could prejudice
the safe operation of any form of transport or traffic (including pedestrians)
on land, water or in the air.
A poorly located hoarding
could limit sight lines for traffic, or the advert could be in a position that
is distracting or confusing. The planning authority will normally consult the
Highways Department and other relevant bodies where road safety is likely to be
an issue.
Advertisement
Consent
If
permission is granted the consent lasts for 5 years. A longer or shorter period may be
granted depending upon the circumstances.
The
advert may remain in position after that period unless the decision notice
formally requires its removal.
The
authority may seek to take 'discontinuance action' if conditions in the consent notice
are breached.
Refusal
of Advertisement Consent
If the Council refuse consent,
fail to give a decision within 8 weeks (or such longer period as may be
agreed), or apply a condition on a grant of consent which you consider
unacceptable, you may appeal to the Secretary of State.
An
appeal must be lodged within 8 weeks of the date on which you received
notification of the planning authority’s decision.
Appeal
forms are obtainable from:
Customer Support Unit,
315 Eagle Wing,
enquiries@pins.gsi.gov.uk
http://www.planning-inspectorate.gov.uk
OR
FOR
Planning
Inspectorate,
The appeals
procedure is outlined at APPEALS.
Anyone who displays an
advertisement, or uses an advertisement site, or knowingly permits someone else
to do so, without the consent required for it is acting illegally. It is then
immediately open to the planning authority to bring a prosecution in the
Magistrates’ Court for an offence under section 224 of the Town and Country
Planning Act 1990. But, unless an offence is especially flagrant or repeated,
the planning authority may not initially consider it necessary to prosecute for
an advertisement offence.
Instead, they may invite the
advertiser to apply for the consent they believe he needs, and, if consent is
refused, there will be a right of appeal to the Secretary of State. The
continued display of any advertisement after consent has been refused, and any
appeal dismissed, may well result in prosecution. The maximum fine on conviction
of an offence is presently £2,500, with an additional daily fine of one-tenth
of the maximum penalty on conviction of a continuing offence.
It is illegal to display any
advertisement (even if it has deemed consent) without first obtaining the
permission of the owner of the site, or any other person who is entitled to
grant permission.
Any form of fly-posting (that
is, displaying an advertisement without consent) is an offence which is
immediately open to prosecution, or to the removal or obliteration of any
fly-posting material if the district council or