Signs and Adverts

Advertisements can include posters, placards, signs, models, captive balloons (not balloons in flight), flags, traffic signs and place name signs.

Advertisement consent is required for advertisements unless they fall within a category that is either specifically exempt or which benefits from deemed consent. The definitive rules are in the Town and Country Planning (Control of Advertisements Regulations 1992) (as amended).

All advertisements are subject to a set of standard conditions: that they are kept clean and tidy and in a safe condition. Advertisements must have the permission of the site owner including the County Council on highway land (or the Highways Agency for trunk roads). 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.

The Government has published an advice booklet about advertisements, which includes illustrations to help explain the various categories referred to below:

Advertisements which are excluded from planning control

As above, some advertisements are not subject to the need for advertisement consent. In brief summary, advertisements exempt from control are:-

1. Advertisements in enclosed sites like railway stations, bus stations or sports stadiums, where not visible from outside the site.
2. Advertisements displayed on a vehicle which is normally moving.
3. Advertisements that are integral to a building elevation like names carved into stone facades.
4. Price tickets or trade names of up to 0.1sqm displayed on the petrol pumps or vending machines.
5. Advertisements about elections provided they are removed 14 days after close of poll.
6. Advertisements required by any Parliamentary Order or Act.
7. Traffic signs and particularly any traffic signs required by the Road Traffic Regulation Act 1984.
8. A national flag flown on a single vertical flagpole provided there is nothing added to the flag or the pole.
9. Non-illuminated adverts inside a building not within one metre of any opening through which they can be seen.

Advertisements with deemed consent

Regulations allow for certain advertisements to be displayed without needing a specific application. This is "deemed consent" but to take advantage of it's provisions you need to abide by certain conditions. If your advert isn't excluded from control and doesn't fit into one of these classes you need to submit an application.

In brief summary, advertisements having deemed consent are (all these classes are subject to detailed limitations and criteria):-

Class 1: Functional advertisements by public bodies, such as bus stop signs or signs stating bye-laws in public places.

Class 2: Miscellaneous advertisements (specific types of small signs and notices): a) house numbers or names and signs, b) signs or brass plates stating company names and c)signs which name institutions; churches, public houses, hotels, blocks of flats, clubs, etc.

Class 3: Temporary advertisements: a) estate agents boards, b) advertisements announcing sales and auctions on land or premises, c) construction contractors boards while works are actually taking place, d) temporary notices for local charity events, e) temporary notices advertising agriculture demonstrations on land and f) notices for a circus or fair.

Class 4: Illuminated advertisements on business premises within limitations. Illuminated advertisements do not have deemed consent in Conservation Areas and must also comply with a long list of criteria. Please see the DCLG booklet for details.

Class 5: Other advertisements on business premises. This class gives consent for the usual signs you see on business premises but they must only refer to the business and the goods for sale at the premises and are subject to other criteria.

Class 6: Advertisements on forecourts of business premises. This gives consent to display adverts referring to the business, on forecourts such as the area in front of a newsagent's shop, the pump area of a petrol filling station or a terrace in front of a café. A forecourt does not include areas of pavement forming part of the highway, which means that 'A' boards on pavements in the highway are not permitted by this section.

Class 7: Flag advertisements, including up to one flag on a building and flags on development sites.

Class 8: Poster hoardings around temporary construction sites.

Class 9: Four-sheet poster panels displayed on purpose designed highway structures, such as bus shelters.

Class 10: Neighbourhood Watch Signs.

Class 11: Directional advertisements by developers.

Class 12: Advertisements displayed inside buildings.

Class l3: Advertisements displayed for the preceeding 10 years.

Class 14: Advertisements displayed after the expiry of express consent. This is a technical approval to allow signs with temporary consent to stay in position unless the Council seeks their removal. Express permissions usually have consent to stay for only five years so this class allows them to stay until specifically challenged.

Class 15: Captive balloon advertisements.

Class 16: Advertisements on telephone kiosks.

Advertisements consent

If an advertisement does not fall within the categories described above and set out in more detail in the Regulations, an application for advertisement consent is required.

How to apply for advertisement consent

To apply you need to complete the advertisement consent form, prepare plans and drawings to say what form the advertisements will take and show exactly where the site will be. This needs to then all be sent to the Council, together with the application fee.

How your application for consent is decided.

Your application should normally 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 would be visually dominating to a group of listed buildings, a street in a conservation area or a residential area it would likely be refused.

Amenity considerations do not include the content or subject matter of the advertisement, 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 must assess the likely effect on driver behaviour due to distraction by signs, any confusion with traffic signs or signals and loss of visibility. In appropriate cases the Council will consult the County Highway Authority or the Highways Agency

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 if the planning authority refuse consent?

If the Council refuse your application or impose 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. But you can not appeal if we have treated your application as "withdrawn" because it is the same as one refused at appeal within the preceding two years. This is a specific provision in the regulations.

If you wish to appeal you must contact the Planning Inspectorate. The best way to appeal is to complete the official advertisement appeal form which is available from them and which explains the procedure. 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 normally 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 must give two days notice of removal, which then can be contested.

Discontinuance Action

This action is can be 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.

For further information please contact the Planning team on 01789 260303, by email planning.applications@stratford-dc.gov.uk, or by fax on 01789 260306