CoronavirusSee Coronavirus legislation
on legislation.gov.uk
Get Coronavirus guidance from GOV.UK
Additional advice for Scotland | Wales | Northern Ireland

Search Legislation

The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Regulation 6

SCHEDULE 3CLASSES OF ADVERTISEMENT FOR WHICH DEEMED CONSENT IS GRANTED

This schedule has no associated Explanatory Memorandum

PART 1SPECIFIED CLASSES AND CONDITIONS

Class 1Functional advertisements of government departments and their agencies, local authorities, public transport undertakers, statutory undertakers and Transport for London
Description

1A.  An advertisement displayed wholly for the purpose of announcement or direction in relation to any of the functions of a government department, an agency of a government department, a local authority or Transport for London, 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.

Conditions and Limitations

1A.  —

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

(2) No advertisement may exceed 1.55 square metres in area.

Description

1B.  An advertisement displayed by a local planning authority on land in its area.

Conditions and Limitations

1B.  In an area of special control, the 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
Description

2A.  An advertisement displayed for the purpose of identification, direction or warning, with respect to the land or building on which it is displayed.

Conditions and Limitations

2A.  —

(1) No 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.

Description

2B.  An advertisement relating to any person, partnership or company separately carrying on a profession, business or trade at the premises where it is displayed.

Conditions and Limitations

2B.  —

(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 advertisement is permitted for each person, partnership or company or, in the case of premises with entrances on different road frontages, one advertisement at each of two such entrances.

(5) Illumination is not permitted unless—

(a)the advertisement states that the services of a practitioner in human health or a veterinary surgeon are available at the premises on which the advertisement is displayed, or that medical or veterinary supplies are available there;

(b)the illumination—

(i)is by static means,

(ii)includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(iii)is in a manner reasonably required to fulfil the purpose of the advertisement; and

(c)the levels of luminance do not exceed the levels set out in paragraph 2 of Part 2.

Description

2C.  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, hostel or Bed and Breakfast establishment, at the premises where it is displayed.

Conditions and Limitations

2C.  —

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

(2) No 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—

(a)the advertisement states that the services of a practitioner in human health or a veterinary surgeon are available at the premises on which the advertisement is displayed, or that medical or veterinary supplies are available there;

(b)the illumination—

(i)is by static means,

(ii)includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(iii)is in a manner reasonably required to fulfil the purpose of the advertisement; and

(c)the levels of luminance do not exceed the levels set out in paragraph 2 of Part 2.

Class 3Miscellaneous temporary advertisements
Description

3A.  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.

Conditions and Limitations

3A.  —

(1) Not more than one advertisement, consisting of a single board or two joined boards, is permitted; and where more than one 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) The advertisement shall be removed within 14 days after the completion of a sale or the grant of a tenancy.

(4) No 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, 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, 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 than4.6 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.

Description

3B.  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.

Conditions and Limitations

3B.  —

(1) Not more than one advertisement may be displayed at any one time on the land concerned; and where more than one advertisement is displayed, the first to be displayed shall be taken to be the one permitted.

(2) No advertisement may be displayed earlier than 28 days before the day on which the sale is due to begin.

(3) The advertisement shall be removed within 14 days after the sale is completed or, if the sale is cancelled or postponed, within 14 days of the day on which it was due to begin.

(4) No 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.

Description

3C.  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.

Conditions and Limitations

3C.  —

(1) Except in the case mentioned in paragraph (4), not more than one advertisement shall be displayed at any one time on each road frontage of the land, in respect of each separate development project; and where (otherwise than as authorised by paragraph (4)) more than one advertisement is displayed, the first to be displayed on any frontage shall be taken to be the one permitted.

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

(3) No 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 person in excess of one; or

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

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

(4) Where the 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.

Description

3D.  An advertisement—

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

(b)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.

Conditions and Limitations

3D.  —

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

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

(3) The 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.

Description

3E.  An advertisement relating to any demonstration of agricultural methods or processes, on the land on which it is displayed.

Conditions and Limitations

3E.  —

(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 may exceed 0.4 square metre in area.

(4) No 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.

Description

3F.  An advertisement relating to the visit of a travelling circus, fair or similar travelling entertainment to any specified place in the locality.

Conditions and Limitations

3F.  —

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

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

(3) The 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 is 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 4.6 metres above ground level, or 3.6 metres in an area of special control.

Class 4Illuminated advertisements on business premises
Description

4A.  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: 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.

Conditions and Limitations

4A.  —

(1) Subject to paragraph (2), no advertisement is permitted within a conservation area, an Area of Outstanding Natural Beauty, a National Park or the Broads.

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

(3) Not more than one advertisement of the prescribed description parallel to a wall and one projecting at right angles from 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)the advertisement may not be more than 1.5 metres high.

(4) The lowest part of the advertisement must be at least 2.5 metres above ground level.

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

(6) 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.

(7) Illumination is permitted only where—

(a)it is by static means,

(b)it includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(c)it is in a manner reasonably required to fulfil the purpose of the advertisement.

(8) may be—

(a)by halo illumination(1), or

(b)so long as no part of the background of the advertisement is illuminated, by illumination of each character or symbol of the advertisement from within.

(9) Where the method of illumination is that described in paragraph (8)(b), the luminance of the advertisement may not exceed the levels specified in paragraph 2 of Part 2.

(10) In the case of an 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.

Description

4B.  An illuminated advertisement, other than one falling within Class 4A, displayed on business premises wholly with reference to any or all of the following: 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.

Conditions and Limitations

4B.  —

(1) Subject to paragraph (2), no advertisement is permitted within a conservation area, an Area of Outstanding Natural Beauty, a National Park or the Broads.

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

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

(4) Not more than one advertisement parallel to a wall and one projecting at right angles from 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)the advertisement may not be more than 1 metre high; and

(d)it may not project over any carriageway.

(5) The lowest part of the advertisement shall be at least 2.5 metres above ground level.

(6) No surface of the 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 one-fifth of the frontage measured to the top of the advertisement, whichever is less.

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

(8) 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.

(9) Illumination is permitted only where—

(a)it is by static means,

(b)it includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(c)it is in a manner reasonably required to fulfil the purpose of the advertisement.

(10) Illumination may be—

(a)by halo illumination(2), or

(b)so long as no part of the background of the advertisement is illuminated, by illumination of each character or symbol of the advertisement from within.

(11) Where the method of illumination is that described in paragraph (10)(b), the luminance of the advertisement may not exceed the levels specified in paragraph 2 of Part 2.

(12) In the case of an 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.

Class 5Other advertisements on business premises
Description

5.  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: 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.

Conditions and Limitations

5.  —

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

(2) In an area of special control, the space occupied by the advertisement may not exceed one-tenth 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 the 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—

(a)the advertisement states that the services of a practitioner in human health or a veterinary surgeon are available at the premises on which the advertisement is displayed, or that medical or veterinary supplies are available there;

(b)the illumination—

(i)is by static means,

(ii)includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(iii)is in a manner reasonably required to fulfil the purpose of the advertisement; and

(c)the levels of luminance do not exceed the levels set out in paragraph 2 of Part 2.

(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; and

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

(6) No single advertisement may exceed 1.55 square metres in area.

Class 6An advertisement on a forecourt of business premises
Description

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

Conditions and Limitations

6.  —

(1) Advertisements displayed on any 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 4.6 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.

(5) No single advertisement may exceed 1.55 square metres in area.

Class 7Flag advertisements
Description

7A.  An advertisement in the form of a flag attached to a single flagstaff projecting vertically from the roof of a building.

Conditions and Limitations

7A.  —

(1) No advertisement is permitted other than one—

(a)bearing either the name or device, or both the name and 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.

Description

7B.  An advertisement in the form of a flag attached to a single vertical flagstaff erected on a site which forms part of an area of land in respect of which planning permission has been granted for development of which the only or principal component is residential development and on which—

(a)operations for the construction of houses are in progress pursuant to that permission, or

(b)such operations having been completed, at least one of the houses remains unsold(3).

Conditions and Limitations

7B.  —

(1) No advertisement is permitted within a conservation area, an Area of Outstanding Natural Beauty, a National Park, the Broads or an area of special control.

(2) The number of advertisements on the land concerned shall not exceed—

(a)where the aggregate number of houses on that land does not exceed 10, one;

(b)where the aggregate number of houses on that land exceeds 10 but does not exceed 100, two;

(c)where the aggregate number of houses on that land exceeds 100, three.

(3) No part of the flagstaff may be more than 4.6 metres above ground level.

(4) No flag shall exceed 2 square metres in area.

(5) No advertisement shall be displayed after the expiration of the period of1 year commencing on the day on which building operations on the land concerned have been substantially completed.

Class 8Advertisements on hoardings
Description

8.  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.

Conditions and Limitations

8.  —

(1) Subject to paragraph (2), no advertisement shall be displayed in a conservation area, a National Park, an Area of Outstanding Natural Beauty or the Broads.

(2) Paragraph (1) does not preclude the continued display of an advertisement that is 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.

(3) No advertisement may be displayed earlier than three months before the commencement of the building operations.

(4) No advertisement shall exceed 38 square metres in area.

(5) No part of the advertisement may be more than 4.6 metres above ground level.

(6) At least 14 days before the advertisement is first displayed, the person who proposes to display it shall notify the local planning authority in writing of the date on which it will first be displayed and shall send a copy of the relevant planning permission.

(7) No advertisement shall be displayed for more than 3 years.

(8) Illumination is not permitted unless it—

(a)is by static means,

(b)includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

(c)is in a manner reasonably required to fulfil the purpose of the advertisement.

Class 9Advertisements on highway structures
Description

9.  An advertisement displayed on a part of an object or structure designed to accommodate six-sheet panel displays, the use of which for the display of advertisements is authorised under section 115E(1)(a) of the Highways Act 1980(4).

Conditions and Limitations

9.  —

(1) No advertisement may exceed 2.16 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
Description

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

Conditions and Limitations

10.  —

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

(2) No 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 has agreed to the display of the advertisement; and

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

(4) The 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 withdraws its 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 advertisement
Description

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

Conditions and Limitations

11.  —

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

(2) No part of the advertisement may be of a retroflective 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 person who proposes to display the advertisement shall notify the local planning authority, in writing, at least 14 days before the advertisement is first displayed, of the place at which, and the first date on which, it will be displayed.

(7) No 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) No character or symbol on the advertisement shall be less than 0.04 metre high or more than 0.25 metre high.

(10) 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
Description

12.  An advertisement displayed inside a building, other than an advertisement falling within Class I in Schedule 1.

Class 13Advertisements on sites used for preceding ten years for display of advertisements without express consent
Description

13.  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 and Limitations

13.  —

(1) An 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.

(2) If any building or structure on which such an advertisement is displayed—

(a)is removed in compliance with a requirement of, or under, any enactment,

(b)is removed in any other circumstances, or

(c)is destroyed by any means,

the erection of any building or structure to continue the display is not permitted.

(3) Illumination is not permitted unless—

(a)the advertisement is displayed with illumination on 6th April 2007; or

(b)the advertisement is first displayed after that date, and the advertisement most recently displayed was illuminated.

(4) An advertisement that—

(a)comprises sequential displays; or

(b)otherwise includes moving parts or features; or

(c)features intermittent lighting in a manner designed to give the appearance of movement,

is not permitted unless—

(i)it is displayed on 6th April 2007 and falls within the description specified in any of sub-paragraphs (a) to (c); or

(ii)it is first displayed after that date, and the advertisement most recently displayed fell within any such description.

Class 14Advertisements displayed after expiry of express consent
Description

14.  An advertisement displayed after the expiry of express consent, unless—

(a)it would contravene a condition subject to which express consent was granted; or

(b)an application for renewal of consent has been refused.

Conditions and Limitations

14.  —

(1) The terms of the express consent, including any conditions to which it was subject (to the extent that those terms and conditions are not incapable of performance by reason of the passage of time), shall be treated as applying to the continued display.

(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.

(3) Unless authorised by the express consent, an advertisement that—

(a)comprises sequential displays; or

(b)otherwise includes moving parts or features; or

(c)features intermittent lighting in a manner designed to give the appearance of movement; or

(d)is illuminated,

is not permitted.

Class 15Advertisements on balloons
Description

15.  The display of an advertisement on, or consisting of, a balloon not more than 60 metres above ground level.

Conditions and Limitations

15.  —

(1) The site(5) of the advertisement is not in an Area of Outstanding Natural Beauty, a conservation area, a National Park, the Broads or an area of special control.

(2) Not more than one advertisement may be displayed on the site at any one time.

(3) The site may not be used for the display of advertisements on more than 10 days in total in any calendar year.

Class 16Advertisements on telephone kiosks
Description

16.  An advertisement displayed on the glazed surface of a telephone kiosk, other than a kiosk of type K2 (1927) or K6 (1935) designed by Giles Gilbert Scott.

Conditions and Limitations

16.  —

(1) No advertisement may be displayed in an Area of Outstanding Natural Beauty, a conservation area, a National Park, the Broads or an area of special control.

(2) Illumination is not permitted.

(3) Subject to paragraph (4), with the exception of the name of the electronic communications code operator, its trading name or symbol, no advertisement may be displayed on more than one face of the kiosk.

(4) Where three or more kiosks are sited in a row or group, the display of an advertisement on any face of one kiosk shall preclude the display of an advertisement on the face of any adjacent kiosk.

PART 2INTERPRETATION

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 does not include—

(a)

a building designed for use as one or more separate dwellings, unless—

(i)

it has normally been used in each of the preceding ten years for the purpose of any professional, commercial, or industrial undertaking, or for providing services to members of the public or of any association; or

(ii)

it has been adapted for use for any such purpose by the construction of a shop front or the making of a material alteration of a similar kind to its external appearance;

(b)

a building used as an institution of a religious, educational, cultural, recreational, or medical or similar character;

(c)

any forecourt or other land forming part of the curtilage of a building;

(d)

any fence, wall or similar screen or structure, unless it forms part of the fabric of a building;

“electronic communications apparatus” means apparatus falling within the definition of that term in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984(6);

“electronic communications code operator” means—

(a)

a provider of an electronic communications network in whose case the electronic communications code applies by virtue of a direction given by OFCOM under section 106 of the Communications Act 2003(7); and

(b)

a person who is treated after the commencement of that section as a person in whose case that code applies by virtue of a direction given by OFCOM(8);

“electronic communications service” means a service falling within the definition of that term in section 32(2) of the Communications Act 2003;

“forecourt”, in relation to any building or part of a building, means an area of land (whether or not enclosed) within the curtilage of the building or part, to which the public may have access only with the permission (express or implied) of the owner; and includes any fence, wall or similar screen or structure that defines the boundaries of that area;

“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;

“practitioner in human health” includes a chiropodist, chiropractor, dentist or doctor of medicine, an optician or osteopath, and a physiotherapist;

“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—

(a)

are set apart from existing shopping centres but within an existing or proposed urban area;

(b)

sell primarily goods other than food; and

(c)

share one or more communal car parks; and

“telephone kiosk” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting electronic communications apparatus and at which an electronic communications service is provided (or is to be provided) by an electronic communications code operator.

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

2.—(1) The permitted levels of luminance for advertisements falling within Classes 2B, 2C, 4A, 4B or 5 are—

(a)where the illuminated area is not more than 10 square metres, 600 candela per square metre; and

(b)where the illuminated area is more than 10 square metres, 300 candela per square metre.

(2) In calculating an area for the purposes of paragraph (1)—

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

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

3.  In relation to advertisements within Class 4A or 4B, “halo illumination” means illumination of the background to the text of the advertisement, where the light source cannot be viewed directly from any angle.

4.—(1) For the purposes of Class 7B—

“aggregate number” means the aggregate of the number of houses constructed, in the course of construction, or proposed to be constructed, on the land concerned;

“flat” means a separate and self-contained set of premises constructed for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

“house” includes a flat;

“planning permission” does not include any outline planning permission in relation to which some or all of the matters reserved for subsequent approval remain to be approved; and

“the land concerned”, in relation to any development, means—

(a)

except in a case to which sub-paragraph (2) or (3) applies, the land to which the planning permission for the development relates;

(b)

in a case to which sub-paragraph (2) applies, the land on which a particular phase of that development was or, as the case may be, is being or is about to be carried out;

(c)

in a case to which sub-paragraph (3) applies, the part of the land to which the permission relates on which a person has carried out part of that development, or, as the case may be, is carrying it out or is about to carry it out.

(2) Subject to sub-paragraph (3), this sub-paragraph applies where the development is carried out in phases.

(3) This sub-paragraph applies where the development is carried out by two or more persons who each carry out part of it on a discrete part of the land to which the planning permission relates (whether the whole of the development or any part of it is carried out in phases or otherwise).

5.  For the purposes of Class 15, “the site” means—

(a)in a case where the advertisement is being displayed by a person (other than the occupier of the land) who is using, or proposing to use, the land to which the balloon is attached for a particular activity (other than the display of advertisements) for a temporary period, the whole of the land used, or to be used, for that activity;

(b)in any other case, the land to which the balloon is attached and all land normally occupied with it.

(1)

See paragraph 3 of Part 2 of this Schedule.

(2)

See paragraph 3 of Part 2 of this Schedule.

(3)

For definitions relevant to this Class see paragraph 4 of Part 2 of this Schedule.

(4)

1980 c. 66. Section 115E was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 5, Part 1, para 1.

(5)

See paragraph 5 of Part 2 of this Schedule as to “the site” for the purposes of this Class.

(6)

1984 c. 12. The definition was inserted by the Communications Act 2003 (c. 21), Schedule 3, paragraph 2(2).

(7)

2003 c. 21. As to “the electronic communications code”, see section 106 of the Communications Act 2003 (“the 2003 Act”) and Schedule 2 to the Telecommunications Act 1984 (c. 12). As to “electronic communications network”, see the definition of that expression in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, inserted by the 2003 Act, Schedule 3, paragraph 2(2). See also section 32(1) of the 2003 Act. As to “OFCOM”, see the definition in section 405(1) of the 2003 Act.

(8)

See paragraph 17(1) and (2) of Schedule 18 to the Communications Act 2003.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources