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7. In Part 1 of Schedule 3 after CLASS 11 insert—
| “CLASS 12 | Advertisements on sites used for preceding ten years for display of advertisements without express consent |
|---|---|
| Description | An advertisement displayed on a site that has been used continually for the preceding ten years for the display of advertisements without express consent. |
| Conditions | (a) The advertisement does not fall within this description if, during the relevant 10-year period, there has been either a material increase in the extent to which the site has been used for the display of advertisements or a material alteration in the manner in which it has been so used. (b) If any building on which such an advertisement is displayed— (i) is removed in compliance with a requirement of, or under, any statutory provision; (ii) is removed in any other circumstances; or (iii) is destroyed by any means; the erection of any building to continue the display is not permitted. (c) Illumination is not permitted unless— (i) the advertisement is displayed with illumination on 19th February 2009; or (ii) the advertisement is first displayed after that date, and the advertisement most recently displayed was illuminated. (d) An advertisement that— (i) comprises sequential displays; or (ii) otherwise includes moving parts or features; or (iii) features intermittent lighting in a manner designed to give the appearance of movement, is not permitted unless— (aa) it is displayed on 19th February 2009 and falls within the description specified in any of sub-paragraphs (i) to (iii); or (bb) it is first displayed after that date, and the advertisement most recently displayed fell within any such description.”. |
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