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- Signs and Adverts
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Signs and Adverts
Advertisements can include banners, 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.
For more information you can view the Governments guide to Advertisement on their web site - www.gov.uk/government/publications/outdoor-advertisements-and-signs-a-guide-for-advertisers
The Government has also published advice on-line in the Planning Practice Guidance - planningguidance.planningportal.gov.uk/blog/guidance/advertisments/ which explains the advertisement regime.
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.
More information can be found on the Planning Portal Website - www.planningportal.gov.uk/permission/commonprojects/advertssigns/ where you can also submit an application on line www.planningportal.gov.uk/planning/applications/howtoapply/permissiontypes#Advertisementconsent or download advertisement consent application forms www.planningportal.gov.uk/planning/applications/paperforms
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 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.
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 Portal. 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.
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.
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 firstname.lastname@example.org, or by fax on 01789 260306