The Planning (Control of Advertisements) (Amendment) Regulations (Northern Ireland) 2014

Statutory Rules of Northern Ireland

2014 No. 118

Planning

The Planning (Control of Advertisements) (Amendment) Regulations (Northern Ireland) 2014

Made

17th April 2014

Coming into operation

23rd April 2014

The Department of the Environment makes the following Regulations in exercise of the powers conferred by Article 67(1) and (2) of the Planning (Northern Ireland) Order 1991(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Planning (Control of Advertisements) (Amendment) Regulations (Northern Ireland) 2014 and come into operation on 23rd April 2014.

(2) In these Regulations “the principal Regulations” means the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992(2).

Amendment of principal Regulations

2.  The principal Regulations are amended in accordance with regulations 3 and 4.

Amendment of regulation 4 of, and Schedule 2 to, the principal Regulations

3.—(1) In regulation 4(2)(ii) of the principal Regulations omit “F or”.

(2) In Schedule 2 to the principal Regulations omit Class F.

Amendment of regulation 5 of, and Schedule 3 to, the principal Regulations

4.—(1) At the end of sub-paragraph (b) of paragraph (1) of regulation 5 of the principal Regulations, add the words “except that paragraph 4 of Schedule 1 does not apply in the case of any Class 13 advertisement”.

(2) In Part 1 of Schedule 3 after CLASS 12 add the following—

“CLASS 13	Advertisements relating to an election
Description	An advertisement relating specifically to a pending Parliamentary, European Parliamentary, Northern Ireland Assembly or district council election.
Conditions	The advertisement is removed within 14 days after the close of the poll in the election to which it relates.”.

(3) In paragraph (4) of Class 3 of Schedule 3 after sub-paragraph (f) add the following sub-paragraph—

“(g) The advertisement does not relate to an election specified in Class 13 of Schedule 3.”.

Sealed with the Official Seal of the Department of the Environment on 17th April 2014.

Angus Kerr

A senior officer of the Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations amend the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 (“the principal Regulations”) (S.I. 1992/448) which provide for the controls on the display of advertisements including advertisements relating to an election.

Regulation 3 – amends regulation 4 of and Schedule 2 to the principal Regulations to remove Class F, i.e., “an advertisement relating specifically to a pending Parliamentary, European Parliamentary, Northern Ireland Assembly or district council election”. The effect of the removal of Class F is that such advertisements are no longer excluded from the requirement to obtain consent for their display.

Regulation 4 inserts a new Class 13 (Advertisements relating to an election) into Schedule 3 to the principal Regulations. The effect of this is to provide deemed consent for the display of an advertisement relating specifically to a pending Parliamentary, European Parliamentary, Northern Ireland Assembly or district council election. The consent of the owner of the site on which the advertisement is displayed is not required for the display of an advertisement within this Class.

Regulation 4(c) amends Class 3 of Schedule 3 (Miscellaneous temporary advertisements) to clarify that an advertisement relating to a pending Parliamentary, European Parliamentary, Northern Ireland Assembly or district council election cannot be displayed under Class 3.

(1)

1991/1220 (N.I. 11) as amended by S.I. 2003/430 (N.I. 8), S.I. 2006/1252 (N.I.7) and 2011 c.24. (N.I.)

(2)

S.R. 1992 No. 448, relevant amending Regulations are S.R. 1998 No. 147, S.R. 2006 No. 218, S.R. 2006 No. 276 and S.R. 2009 No. 17