The Town and Country Planning (Control of Advertisements) Regulations 1992

Regulation 2(1)

SCHEDULE 1STANDARD CONDITIONS

1.  Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the local planning authority.

2.  Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition.

3.  Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the local planning authority.

4.  No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission.

5.  No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

Regulation 3(2)

SCHEDULE 2CLASSES OF ADVERTISEMENTS TO WHICH PARTS II AND III OF THESE REGULATIONS DO NOT APPLY

Regulation 6

SCHEDULE 3CLASSES OF ADVERTISEMENTS WHICH MAY BE DISPLAYED WITH DEEMED CONSENT

PART ISPECIFIED CLASSES AND CONDITIONS

Class 1Functional advertisements of local authorities, statutory undertakers and public transport undertakers

1A.    Description.

An advertisement displayed wholly for the purpose of announcement or direction in relation to any of the functions of a local authority or to the operation of a statutory undertaking or a public transport undertaking, which—

(a)is reasonably required to be displayed for the safe or efficient performance of those functions, or operation of that undertaking, and

(b)cannot be displayed by virtue of any other specified class.

1A.    Conditions and Limitations.

(1) Illumination is not permitted unless reasonably required for the purpose of the advertisement.

1B.    Description.

An advertisement displayed by a local planning authority on land in their area.

1B.    Conditions and Limitations.

(1) In an area of special control, such an advertisement may be displayed only if the authority could have granted express consent for its display.

Class 2Miscellaneous advertisements relating to the premises on which they are displayed

2A.    Description.

An advertisement displayed for the purpose of identification, direction or warning, with respect to the land or building on which it is displayed.

2A.    Conditions and Limitations.

(1) No such advertisement may exceed 0.3 square metre in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

2B.    Description.

An advertisement relating to any person, partnership or company separately carrying on a profession, business or trade at the premises where it is displayed.

2B.    Conditions and Limitations.

(1) No advertisement may exceed 0.3 square metre in area.

(2) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(3) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

(4) Not more than one such advertisement is permitted for each person, partnership or company or, in the case of premises with entrances on different road frontages, one such advertisement at each of two such entrances.

(5) Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available on the premises and the illumination is in a manner reasonably required to fulfil the purpose of the advertisement.

2C.    Description.

An advertisement relating to any institution of a religious, educational, cultural, recreational or medical or similar character, or to any hotel, inn or public house, block of flats, club, boarding house or hostel, at the premises where it is displayed.

2C.    Conditions and Limitations.

(1) Not more than one such advertisement is permitted in respect of each premises or, in the case of premises with entrances on different road frontages, one such advertisement at each of two such entrances.

(2) No such advertisement may exceed 1.2 square metres in area.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

(5) Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available at the premises and the illumination is in a manner reasonably required to fulfil the purpose of the advertisement.

Class 3Miscellaneous temporary advertisements

3A.    Description.

An advertisement relating to the sale or letting, for residential, agricultural, industrial or commercial use or for development for such use, of the land or premises on which it is displayed.

3A.    Conditions and Limitations.

(1) (a) Not more than one such advertisement, consisting of a single board or two joined boards, is permitted.

(b)Where more than one such advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No advertisement may be displayed indicating that land or premises have been sold or let, other than by the addition to an existing advertisement of a statement that a sale or letting has been agreed, or that the land or premises have been sold or let, subject to contract.

(3) Any such advertisement shall be removed within 14 days after the sale is completed or a tenancy is granted.

(4) No such advertisement may exceed in area—

(a)where the advertisement relates to residential use or development, 0.5 square metre or, in the case of two joined boards together, 0.6 square metre in aggregate;

(b)where the advertisement relates to any other use or development, 2 square metres or, in the case of two joined boards together, 2.3 square metres in aggregate.

(5) Where the advertisement is displayed on a building, the maximum projection permitted from the face of the building is 1 metre.

(6) Illumination is not permitted.

(7) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(8) No part of the advertisement may be higher above ground level than 4.6 metres, or 3.6 metres in an area of special control or, in the case of a sale or letting of part only of a building, the lowest level of that part of the building on which display is reasonably practicable.

3B.    Description.

An advertisement announcing the sale of goods or livestock, and displayed on the land where the goods or livestock are situated or where the sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding such sales.

3B.    Conditions and Limitations.

(1) (a) Not more than one such advertisement may be displayed at any one time on the land concerned.

(b)Where more than one such advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the sale is due to take place.

(3) Any such advertisement shall be removed within 14 days after the sale is completed.

(4) No such advertisement may exceed 1.2 square metres in area.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

3C.    Description.

An advertisement relating to the carrying out of building or similar work on the land on which it is displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purposes of carrying out such work.

3C.    Conditions and Limitations.

(1) (a) Not more than one such advertisement shall be displayed at any one time, on each road frontage of the land, in respect of each separate development project, except in the case mentioned in paragraph (4) below.

(b)Where more than one such advertisement is displayed, the first to be displayed on any frontage shall be taken to be the one permitted.

(2) No such advertisement may be displayed except while the relevant works are being carried out.

(3) No such advertisement may exceed in aggregate—

(a)in the case of an advertisement referring to one person—

(i)if the display is more than 10 metres from a highway, 3 square metres in area; or

(ii)in any other case, 2 square metres;

(b)in the case of an advertisement referring to more than one person—

(i)if the display is more than 10 metres from a highway, 3 square metres plus 0.6 square metre for each additional person, or

(ii)in any other case, 2 square metres plus 0.4 square metre for each additional person,

together with 0.2 of the area permitted under sub-paragraph (a) or (b) above for the name, if any, of the development project.

(4) Where any such advertisement does not refer to any person carrying out such work, that person may display a separate advertisement with a maximum area of 0.5 square metre, which does so refer, on each frontage of the land for a maximum period of 3 months.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

3D.    Description.

An advertisement—

(i)announcing any local event of a religious, educational, cultural, political, social or recreational character,

(ii)relating to any temporary matter in connection with an event or local activity of such a character,

not being an event or activity promoted or carried on for commercial purposes.

3D.    Conditions and Limitations.

(1) No such advertisement may exceed 0.6 square metre in area.

(2) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the event or activity is due to take place.

(3) Any such advertisement shall be removed within 14 days after the end of the event or activity.

(4) Illumination is not permitted.

(5) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(6) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

3E.    Description.

An advertisement relating to any demonstration of agricultural methods or processes, on the land on which it is displayed.

3E.    Conditions and Limitations.

(1) Advertisements of this Class may not be displayed on any land for more than 6 months in any period of 12 months.

(2) The maximum area of display permitted in respect of each demonstration is 1.2 square metres.

(3) No single advertisement within such a display may exceed 0.4 square metre in area.

(4) No such advertisement may be displayed earlier than 28 days before the day (or first day) on which the demonstration is due to take place and shall be removed within 14 days after the end of the demonstration.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

3F.    Description.

An advertisement relating to the visit of a travelling circus, fair or similar travelling entertainment to any specified place in the district.

3F.    Conditions and Limitations.

(1) No such advertisement may exceed 0.6 square metre in area.

(2) No such advertisement may be displayed earlier than 14 days before the first performance or opening of the entertainment at the place specified.

(3) Any such advertisement shall be removed within 7 days after the last performance or closing of the specified entertainment.

(4) At least 14 days before the advertisement is first displayed, the local planning authority are to be notified in writing of the first date on which, and of the site at which, it is to be displayed.

(5) Illumination is not permitted.

(6) No part of the advertisement may be more than 3.6 metres above ground level.

Class 4Illuminated advertisements on business premises

4A.    Description.

An illuminated advertisement displayed on the frontage of premises within a retail park, which overlook or face on to a communal car park wholly bounded by the retail park, where the advertisement refers wholly to any or all of the following matters, namely the business carried on or the name or qualifications of the person carrying on a business from the premises.

4A.    Conditions and Limitations.

(1) Subject to paragraph (11) below, no such advertisement is permitted within a conservation area, an area of oustanding natural beauty, a National Park or the Broads.

(2) In the case of a shop, no such advertisement may be displayed except on a wall containing a shop window.

(3) Not more than one such advertisement parallel to a wall and one projecting at right angles from such a wall is permitted, and in the case of any projecting advertisement—

(a)no surface may be greater than 1 square metre in area;

(b)the advertisement may not project more than 1 metre from the wall; and

(c)it may not be more than 1.5 metres high.

(4) Each character of the advertisement but no part of the background is to be illuminated from within.

(5) No such advertisement may include any intermittent light source, moving feature, exposed cold cathode tubing, animation or reflective material.

(6) The luminance of any such advertisement may not exceed the limits specified in paragraph 2 of Part II of this Schedule.

(7) In the case of any advertisement consisting of a built-up box containing the light source, the distance between—

(a)the face of the advertisement and any wall parallel to which it is displayed, at the point where it is affixed, or

(b)the two faces of an advertisement projecting from a wall,

may not exceed 0.25 metre.

(8) The lowest part of any such advertisement must be at least 2.5 metres above ground level.

(9) No character or symbol on the advertisement may be more than 0.75 metre in height.

(10) No part of the advertisement may be higher above ground level than 4.6 metres or the bottom level of any first floor window in the wall on which the advertisement is displayed, whichever is the lower.

(11) Paragraph (1) above does not preclude the continued display of an advertisement being displayed at the date of designation of the relevant area until the expiry of 5 years from that date.

4B.    Description.

An illuminated advertisement, other than one falling within Class 4A, displayed on business premises wholly with reference to any or all of the following matters, namely the business carried on or the name or qualifications of the person carrying on a business from those premises.

4B.    Conditions and Limitations.

(1) Subject to paragraph (12) below, no such advertisement is permitted within a conservation area, an area of outstanding natural beauty, a National Park or the Broads.

(2) In the case of a shop, no such advertisement may be displayed except on a wall containing a shop window.

(3) Not more than one such advertisement parallel to a wall and one projecting at right angles from such a wall is permitted, and in the case of any projecting advertisement—

(a)no surface may be greater than 0.75 square metre in area;

(b)the advertisement may not project more than 1 metre from the wall or two-thirds of the width of any footway or pavement below, whichever is the less;

(c)it may not be more than 1 metre high; and

(d)it may not project over any carriageway.

(4) Each character of the advertisement but no part of the background is to be illuminated from within.

(5) No such advertisement may include any intermittent light source, moving feature, exposed cold cathode tubing, animation or reflective material.

(6) The luminance of any such advertisement may not exceed the limits specified in paragraph 2 of Part II of this Schedule.

(7) In the case of any such advertisement consisting of a built-up box containing the light source, the distance between—

(a)the face of the advertisement and any wall parallel to which it is displayed, at the point where it is affixed, or

(b)the 2 faces of an advertisement projecting from a wall,

may not exceed 0.25 metre.

(8) The lowest part of any such advertisement shall be at least 2.5 metres above ground level.

(9) No surface of any advertisement may exceed one-sixth of the frontage on which it is displayed, measured up to a height of 4.6 metres from ground level or 0.2 of the frontage measured to the top of the advertisement, whichever is the less.

(10) No character or symbol on the advertisement may be more than 0.75 metre in height.

(11) No part of the advertisement may be higher above ground level than 4.6 metres or the bottom level of any first floor window in the wall on which the advertisement is displayed, whichever is the lower.

(12) Paragraph (1) above does not preclude the continued display of an advertisement being displayed at the date of designation of the relevant area until the expiry of 5 years from that date.

Class 5Advertisements on business premises

5.    Description.

Any advertisement which does not fall within Class 4A or 4B displayed on business premises wholly with reference to any or all of the following matters, namely the business carried on, 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.

5.    Conditions and Limitations.

(1) In the case of a shop, no such advertisement may be displayed, except on a wall containing a shop window.

(2) In an area of special control, the space occupied by any such advertisement may not exceed 0.1 of the overall area of the face of the building on which it is displayed, up to a height of 3.6 metres from ground level; and the area occupied by any such advertisement shall, notwithstanding that it is displayed in some other manner, be calculated as if the whole advertisement were displayed flat against the face of the building.

(3) Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available at the premises on which the advertisement is displayed and the illumination is in a manner reasonably required to fulfil the purpose of the advertisement.

(4) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(5) No part of the advertisement may be higher above ground level than whichever is the lower of—

(a)4.6 metres, or 3.6 metres in an area of special control; or

(b)the bottom level of any first floor window in the wall on which the advertisement is displayed.

Class 6An advertisement on a forecourt of business premises

6.    Description.

An advertisement displayed on any forecourt of business premises, wholly with reference to all or any of the matters specified in Class 5.

6.    Conditions and Limitations.

(1) Advertisements displayed on any such forecourt or, in the case of a building with a forecourt on two or more frontages on each of those frontages, shall not exceed in aggregate 4.5 square metres in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 7Flag advertisements

7.    Description.

An advertisement in the form of a flag attached to a single flagstaff projecting vertically from the roof of a building.

7.    Conditions and Limitations.

(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.

Class 8Advertisements on hoardings

8.    Description.

An advertisement on a hoarding which encloses, either wholly or in part, land on which building operations are taking place or are about to take place, if those operations are in accordance with a grant of planning permission (other than outline permission) for development primarily for use for commercial, industrial or business purposes.

8.    Conditions and Limitations.

(1) Subject to paragraph (7) below, no such advertisement shall be displayed in a conservation area, a National Park, an area of outstanding natural beauty or the Broads.

(2) No such advertisement may be displayed earlier than one month before the commencement of the building operations.

(3) Any such advertisement shall be at least 1.5 metres high and 1 metre long and not more than 3.1 metres high and 6.1 metres long.

(4) At least 14 days before the advertisement is first displayed, the local planning authority shall be notified in writing by the person displaying it of the date on which it will first be displayed and shall be sent a copy of the relevant planning permission.

(5) No such advertisement shall be displayed for more than 2 years.

(6) Illumination is permitted in a manner and to the extent reasonably required to achieve the purpose of the advertisement.

(7) Paragraph (1) above does not preclude the continued display of an advertisement being displayed at the date of designation of the relevant area until the expiry of 1 year from that date or 2 years from the date of commencement of the display, whichever is the later.

Class 9Advertisements on highway structures

9.    Description.

An advertisement displayed on a part of an object or structure designed to accommodate four- sheet panel displays, the use of which for the display of such advertisements is authorised under section 115E(1)(a) of the Highways Act 1980(2).

9.    Conditions and Limitations.

(1) No such advertisement may exceed 1.6 square metres in area.

(2) Illumination is not permitted.

(3) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 10Advertisements for neighbourhood watch and similar schemes

10.    Description.

An advertisement displayed on or near highway land (but not in the window of a building), to give notice that a neighbourhood watch scheme or a similar scheme established jointly by the police authority and a local committee or other body of persons is in operation in the area.

10.    Conditions and Limitations.

(1) No such advertisement may exceed 0.2 square metre in area.

(2) No such advertisement may be displayed on highway land without the consent of the highway authority.

(3) The local planning authority shall, at least 14 days before the advertisement is first displayed, be given particulars in writing of the place at which it is to be displayed and a certificate—

(a)that the scheme has been properly established;

(b)that the police authority have agreed to the display of the advertisement; and

(c)where relevant, that the consent of the highway authority has been given.

(4) Any such advertisement shall be removed within 14 days after—

(a)the relevant scheme ceases to operate;

(b)the relevant scheme ceases to be approved by the police authority; or

(c)the highway authority withdraw their consent to its display.

(5) Illumination is not permitted.

(6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

(7) No part of the advertisement may be more than 3.6 metres above ground level.

Class 11Directional advertisements

11.    Description.

An advertisement on a single flat surface directing potential buyers and others to a site where residential development is taking place.

11.    Conditions and Limitations.

(1) No such advertisement may exceed 0.15 square metre in area.

(2) No part of the advertisement may be of a reflective material.

(3) The design of the advertisement may not be similar to that of a traffic sign.

(4) The advertisement is to be displayed on land adjacent to highway land, in a manner which makes it reasonably visible to an approaching driver, but not within 50 metres of a traffic sign intended to be observed by persons approaching from the same direction.

(5) No advertisement may be more than two miles from the main entrance of the site.

(6) The local planning authority shall, at least 14 days before the advertisement is first displayed, be notified in writing of the place at which, and the first date on which, it will be displayed.

(7) No such advertisement may be displayed after the development of the site is completed or, in any event, for more than 2 years.

(8) Illumination is not permitted.

(9) Any character or symbol on the advertisement shall be at least 0.04 metre high.

(10) No character or symbol on the advertisement may be more than 0.25 metre high.

(11) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 12Advertisements inside buildings

12.    Description.

An advertisement displayed inside a building which does not fall within Class J in Schedule 2.

Class 13Sites used for the display of advertisements on 1st April 1974

13.    Description.

An advertisement displayed on a site which was used for the display of advertisements without express consent on 1st April 1974 and has been so used continually since that date.

13.    Conditions and Limitations.

(1) No substantial increase in the extent, or substantial alteration in the manner, of the use of the site for the display of advertisements on 1st April 1974 is permitted.

(2) If any building or structure on which such an advertisement is displayed is required by or under any enactment to be removed, no erection of any building or structure to continue the display is permitted.

Class 14Advertisements displayed after expiry of express consent

14.    Description.

An advertisement displayed with express consent, after the expiry of that consent, unless—

(a)a condition to the contrary was imposed on the consent,

(b)a renewal of consent was applied for and refused.

14.    Conditions and Limitations.

(1) Any condition imposed on the relevant express consent is to continue to apply to any such advertisement.

(2) No advertisement may be displayed under this class except on a site which has been continually used for the purpose since the expiry of the express consent.

PART IIINTERPRETATION

1.—(1) In this Schedule—

“business premises” means any building or part of a building normally used for the purpose of any professional, commercial or industrial undertaking, or for providing services to members of the public or of any association, and includes a public restaurant, licensed premises and a place of public entertainment, but not—

“forecourt” includes any fence, wall or similar screen or structure enclosing a forecourt and not forming part of the fabric of a building constituting business premises;

“ground level”, in relation to the display of advertisements on any building, means the ground-floor level of that building;

“highway land” means any land within the boundaries of a highway;

“joined boards” means boards joined at an angle, so that only one surface of each is usable for advertising;

“public transport undertaking” means an undertaking engaged in the carriage of passengers in a manner similar to that of a statutory undertaking;

“retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—

“traffic sign” means a sign falling within Class H of Schedule 2 to these Regulations.

(2) Where a maximum area is specified, in relation to any class in this Schedule, in the case of a double-sided board, the area of one side only shall be taken into account.

2.—(1) Subject to sub-paragraph (2), the permitted limits of luminance for advertisements falling within Class 4A or 4B are, for an illuminated area measuring not more than—

(a)0.5 square metre, 1,000 candela per square metre,

(b)2 square metres, 800 candela per square metre,

(c)10 square metres, 600 candela per square metre,

and for any greater area, 400 candela per square metre.

(2) For the purposes of calculating the relevant area for the permitted limits—

(a)each advertisement, or in the case of a double-sided projecting advertisement, each side of the advertisement is to be taken separately;

(b)no unilluminated part of the advertisement is to be taken into account.

Regulations 13 and 15

SCHEDULE 4MODIFICATIONS OF THE ACT

PART IMODIFICATIONS OF SECTION 70A OF THE ACT (POWER OF LOCAL PLANNING AUTHORITY TO DECLINE TO DETERMINE APPLICATIONS)

1.  In section 70A of the Act—

(a)in subsection (1)—

(i)for “planning permission for the development of any land” substitute “express consent”;

(ii)in paragraph (a), omit the words “has refused a similar application referred to him under section 77 or”; and

(iii)for paragraph (b) substitute—

“(b)in the opinion of the authority there has been no significant change since the dismissal mentioned in paragraph (a) in any material consideration.”;

(b)in subsection (2)—

(i)for “planning permission for the development of any land” substitute “express consent”;

(ii)for “development” substitute “subject matter of the applications”; and

(iii)for “the applications” substitute “they”.

PART IISECTION 70A OF THE ACT AS MODIFIED

70A.—(1) A local planning authority may decline to determine an application for express consent if—

(a)within the period of two years ending with the date on which the application is received, the Secretary of State has dismissed an appeal against the refusal of a similar application; and

(b)in the opinion of the authority there has been no significant change since the dismissal mentioned in paragraph (a) in any material consideration.

(2) For the purposes of this section an application for express consent shall be taken to be similar to a later application if the subject matter of the applications and the land to which they relate are in the opinion of the local planning authority the same or substantially the same.

PART IIIMODIFICATIONS OF SECTIONS 78 AND 79 OF THE ACT (APPLICATIONS FOR EXPRESS CONSENT)

1.  In section 78 of the Act—

(a)in subsection (1), for paragraphs (a), (b) and (c) substitute “refuse an application for express consent or grant it subject to conditions,”;

(b)for subsection (2) substitute—

“(2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.”;

(c)for subsection (3) substitute the following subsections—

“(3) Any appeal under subsection (1) or (2) shall be made by notice served within 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2), or within such longer period as the Secretary of State may in either case at any time allow.

(3A) The notice mentioned in subsection (3) shall be accompanied by a copy of each of the following documents—

(a)the application made to the local planning authority;

(b)all relevant plans and particulars submitted to them;

(c)any notice of decision; and

(d)any other relevant correspondence with the authority.”;

(d)for subsection (4) substitute—

“(4) Where an appeal is made to the Secretary of State as mentioned in subsection (3), he may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).”;

(e)in subsection (5), omit references to sections 253(2)(c) and 266(1)(b).

2.  In section 79 of the Act—

(a)after subsection (1) insert—

“(1A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than 5 years as he considers expedient, having regard to regulation 4 of the Town and Country Planning (Control of Advertisements) Regulations 1992 and to any period specified in the application for consent.”;

(b)omit subsection (4);

(c)in subsection (5), for “such an appeal shall be final”, substitute “an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.”;

(d)in subsection (6), for the words from “in respect of an application for planning permission” to “planning permission for that development”, substitute “in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent”;

(e)in subsection (6A), after the word “appeal” the first time it appears, insert “as is mentioned in subsection (6)”.

PART IVSECTIONS 78 AND 79 OF THE ACT AS MODIFIED (APPLICATIONS FOR EXPRESS CONSENT)

78.—(1) Where a local planning authority refuse an application for express consent or grant it subject to conditions, the applicant may by notice appeal to the Secretary of State.

(2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.

(3) Any appeal under subsection (1) or (2) shall be made by notice served within 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2), or within such longer period as the Secretary of State may in either case at any time allow.

(3A) The notice mentioned in subsection (3) shall be accompanied by a copy of each of the following documents—

(a)the application made to the local planning authority;

(b)all relevant plans and particulars submitted to them;

(c)any notice of decision; and

(d)any other relevant correspondence with the authority.

(4) Where an appeal is made to the Secretary of State as mentioned in subsection (3), he may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).

(5) For the purposes of the application of sections 79(1) and 288(10)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

79.—(1) On an appeal under section 78 the Secretary of State may—

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(1A) The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than 5 years as he considers expedient, having regard to regulation 4 of the Town and Country Planning (Control of Advertisements) Regulations 1992 and to any period specified in the application for consent.

(2) Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3) Subsection (2) does not apply to an appeal referred to a Planning Inquiry Commission under section 101.

(5) The decision of the Secretary of State on an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.

(6) If, before or during the determination of such an appeal in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent—

(a)could not have been granted by the local planning authority; or

(b)could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

(6A) If at any time before or during the determination of such an appeal as is mentioned in subsection (6) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a)give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b)if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(7) Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.

PART VMODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)

1.  In section 78 for subsections (1) to (5) substitute—

“(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1992 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.

(2) Notice of appeal shall be given in writing to the Secretary of State at any time before the date on which the discontinuance notice is due to take effect under regulation 8(3), taking account where appropriate of any extension of time under regulation 8(5), of those Regulations, or such longer period as the Secretary of State may allow, and the notice shall be accompanied by a copy of each of the following documents—

(a)the discontinuance notice;

(b)any notice of variation thereof; and

(c)any relevant correspondence with the authority.

(3) Where an appeal is brought under this section, the Secretary of State may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the discontinuance notice as he may specify and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal, he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).”.

2.  In section 79—

(a)for subsection (1) substitute—

“(1) Where an appeal is brought in respect of a discontinuance notice the Secretary of State may—

(a)allow or dismiss the appeal, or

(b)reverse or vary any part of the discontinuance notice (whether the appeal relates to that part of it or not),

and may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.”;

(b)for subsection (4) substitute—

“(4) On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.”;

(c)omit subsection (6);

(d)in subsection (6A), after the word “appeal” the first time it appears, insert “in respect of a discontinuance notice”.

Regulation 18

SCHEDULE 5AREA OF SPECIAL CONTROL ORDERS

PART IPROCEDURE FOR AREA OF SPECIAL CONTROL ORDERS

1.  A local planning authority who propose—

(a)to designate an area of special control; or

(b)to modify an area of special control order,

shall make an area of special control order designating the area or indicating the modifications by reference to an annexed map.

2.  If an area of special control order contains any descriptive matter relating to the area or the modifications in question, that descriptive matter shall prevail, in the case of any discrepancy with the map, unless the order provides to the contrary.

3.  As soon as may be after the making of an area of special control order, the authority shall submit it to the Secretary of State for approval, together with—

(a)two certified copies of the order;

(b)a full statement of their reasons for making it;

(c)in the case of an order modifying an existing order, unless the boundaries of the existing area of special control are indicated on the map annexed to the order, a plan showing both these boundaries and the proposed modifications; and

(d)any additional certified copy of any of the material in subparagraphs (a) to (c) above, which the Secretary of State requires.

4.  The authority shall forthwith publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice in prescribed Form 1.

5.  If any objection is made to an order, in the manner and within the time provided for in the prescribed form, the Secretary of State—

(a)may offer all interested parties an opportunity to make representations to him in writing about any such objection before such date as he may specify;

(b)may, and at the request of any interested party shall, either provide for a local inquiry to be held or afford to the parties an opportunity of a hearing before a person appointed by him.

6.  After considering any representations or objections duly made and not withdrawn and, where applicable, the report of any person holding an inquiry or hearing, the Secretary of State may, subject to paragraph 7 below, approve the order with or without modifications.

7.  If the Secretary of State proposes to make a modification for the inclusion of additional land in an order, he shall—

(a)publish notice of his intention to do so;

(b)afford an opportunity for the making of objections to, or representations about, the proposed modification; and

(c)if he considers it expedient, provide for a further inquiry or hearing to be held.

8.  As soon as may be after the order has been approved, the local planning authority shall publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice of its approval in prescribed Form 2.

9.  An area of special control order shall come into force on the date on which the notice of its approval is published in the London Gazette.

10.  Where a local planning authority propose to make an order revoking an area of special control order, a map showing the existing area shall be annexed to the order, and the procedure prescribed in paragraphs 2 to 9 of this Schedule in relation to an order modifying an existing order shall be followed, subject to the modification that the prescribed forms of notice under paragraphs 4 and 8 respectively are prescribed Forms 3 and 4.

11.  Any reference in this Part of this Schedule to a prescribed form is to the form bearing that number in Part II of this Schedule or a form substantially to the like effect.

PART IIFORMS OF NOTICE