The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

Prospective

Regulation 6

SCHEDULE 1 S THE STANDARD CONDITIONS

PART I S

Conditions attaching to all consents save as otherwise provided in the regulations S

1.  All advertisements displayed, and any land used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the planning authority.

Commencement Information

I1 Sch. 1 para. 1 in force at 2.5.1984, see reg. 1

2.  Any hoarding or similar structure, or any sign, placard, board or device erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition to the reasonable satisfaction of the planning authority.

Commencement Information

I2 Sch. 1 para. 2 in force at 2.5.1984, see reg. 1

3.  Where any advertisement is required under these regulations to be removed the removal thereof shall be carried out to the reasonable satisfaction of the planning authority.

Commencement Information

I3 Sch. 1 para. 3 in force at 2.5.1984, see reg. 1

4.  Before an advertisement is displayed on land the permission of the owner of that land or other person entitled to grant permission shall be obtained.

Commencement Information

I4 Sch. 1 para. 4 in force at 2.5.1984, see reg. 1

PART II S

Conditions attaching to consent deemed to be granted for the display of advertisements S

5.  Advertisements shall not be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any road, railway, waterway (including any coastal waters) or airfield.

Commencement Information

I5 Sch. 1 para. 5 in force at 2.5.1984, see reg. 1

Regulation 8

SCHEDULE 2 S PROCEDURE FOR DEFINING AREAS OF SPECIAL CONTROL

1.  Where a planning authority propose to define an area of special control they shall make an order defining an area by reference to a map annexed thereto, either with or without descriptive matter (which, in the case of any discrepancy with the map, shall prevail except in so far as may be otherwise provided by the order), and shall submit to the Secretary of State 2 certified copies of the order, map and descriptive matter (if any), and a statement of their reasons for proposing to make the order. S

Commencement Information

I6 Sch. 2 para. 1 in force at 2.5.1984, see reg. 1

2.  The authority shall forthwith publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice related to the submission for approval of the order in the form prescribed (Schedule 3, Form 1) or in a form substantially to the like effect. S

Commencement Information

I7 Sch. 2 para. 2 in force at 2.5.1984, see reg. 1

3.  If any objection is duly made and not withdrawn the Secretary of State shall, before approving the order, afford to the person making such objection an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and if any such person avails himself of the opportunity of being heard the Secretary of State shall also afford the like opportunity to the planning authority and to such other persons as he thinks fit. S

Commencement Information

I8 Sch. 2 para. 3 in force at 2.5.1984, see reg. 1

4.  After considering any representation or objection duly made and not withdrawn and the report of the person by whom any inquiry or hearing was held, the Secretary of State may approve the order with or without modifications: S

Provided that if the Secretary of State proposes to approve the order subject to a modification involving the inclusion therein of any area of land not included in the order as submitted he shall publish prior notice of his intention so to do and shall afford opportunity for the making of objections or representations with respect to the proposed modification, and for such further hearing as may appear to him to be necessary or expedient.

Commencement Information

I9 Sch. 2 para. 4 in force at 2.5.1984, see reg. 1

5.  As soon as may be after the order has been approved, the planning authority shall publish in the Edinburgh Gazette, and in each of 2 successive weeks in one or more newspapers circulating in the locality in which the area is situated, a notice relating to the approval of the order in the form prescribed (Schedule 3, Form 2) or in a form substantially to the like effect and any such order shall come into force on the date on which notice of the approval thereof is published in the Edinburgh Gazette. S

Commencement Information

I10 Sch. 2 para. 5 in force at 2.5.1984, see reg. 1

6.  These provisions apply, with necessary modifications, to the making of an order revoking or modifying an existing area defining an area of special control. S

Commencement Information

I11 Sch. 2 para. 6 in force at 2.5.1984, see reg. 1

Regulation 8

SCHEDULE 3 S FORMS OF NOTICES

Commencement Information

I12 Sch. 3 in force at 2.5.1984, see reg. 1

Form 1 S Form of notice of submission for approval of an order defining an area of special control

Form 2 S Form of notice of the approval of an order defining an area of special control

Regulation 10

SCHEDULE 4 S THE SPECIFIED CLASSES OF ADVERTISEMENTS DISPLAYED WITH DEEMED CONSENT

Commencement Information

I13 Sch. 4 in force at 2.5.1984, see reg. 1

Description of advertisement	Maximum height of letters or figures	Maximum height above ground level of highest part of advertisement	Other conditions
CLASS I:
Functional advertisements of local authorities, community councils, statutory undertakers and public transport undertakers.
(1) Advertisements relating to any function or operation of a local authority, community council, statutory undertaker or public transport undertaker which are reasonably required in order to secure the safe or efficient performance of those functions or operations and which cannot be displayed in such a manner under the provisions of these regulations relating to advertisements of any other specified class;			(i) Illumination is permissible for purposes of warning.
(2) Advertisements displayed by a planning authority on land in respect of which they are the planning authority.
CLASS II:
Miscellaneous advertisements relating to land on which they are displayed.
(1) Advertisements for the purpose of identification, direction or warning with respect to the land or building on which they are displayed.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Maximum area for each advertisement—0.2 sq metre. (ii) Illumination is permissible for purposes of warning.
(2) Advertisements relating to any person, partnership or company separately carrying on a profession, business, or trade at the premises where any such advertisement is displayed.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Maximum area for each advertisement—sq metre. (ii) Limited to one advertisement in respect of each person, partnership or company or in the case of premises with entrances on different road frontages one advertisement at each of 2 such entrances. (iii) Illumination is permissible to indicate that medical services or supplies are available on the premises.
(3) Advertisements relating to any institution of a religious, educational, cultural, recreational or medical or similar character, to any hotel, inn or public house, block of flats, club, boarding-house or hostel, situated on the land on which any such advertisement is displayed.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Maximum area for each advertisement—1.2 sq metres. (ii) Limited to one advertisement in respect of each person, partnership or company or in the case of premises with entrances on different road frontages one advertisement at each of 2 such entrances. (iii) Illumination is permissible to indicate that medical services or supplies are available on the premises.
CLASS III:
Certain advertisements of a temporary nature.
(1) Advertisements relating to the availability for sale or letting of the land on which they are displayed.	0.75 metre, or 0.3 metre in an area of special control	At the lowest level at which it is reasonably practicable to display the advertisement	(i) Limited in respect of each sale or letting to one advertisement consisting of a board (whether or not attached to a building) not exceeding 2 sq metres or of 2 conjoined boards together not exceeding 2.3 sq metres. (ii) When displayed on a building not to project further than 1 metre from the face of the building. (iii) When the sale is due to start on a specified date not to be displayed earlier than 28 days before that date. (iv) To be removed within 14 days after the conclusion of the sale or letting.
(2) Advertisements announcing a sale of goods or livestock, and displayed on the land where such goods or livestock are situated or where such a sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding such sales.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Limited to one advertisement not exceeding 1.2 sq metres at each place. (ii) When the sale is due to start on a specified date not to be displayed earlier than 28 days before that date. (iii) To be removed within 14 days after the conclusion of the sale.
(3) Advertisements relating to the carrying out of building or similar work on the land on which they are displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of carrying out such work.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Limited to one advertisement not exceeding 2 sq metres on each road frontage of the land in respect of each contractor or sub-contractor carrying out such work. (ii) To be displayed only while such works are in progress.
(4) Advertisements announcing any local event of a religious, educational, cultural, social or recreational character and advertisements relating to any temporary matter in connection with an event or a local activity of such a character, not in either case being an event or a local activity promoted or carried on for commercial purposes.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Limited to a display of advertisements occupying an area not exceeding a total of 0.6 sq metre on any site. (ii) When the event is due to start on a specified date not to be displayed earlier than 28 days before that date. (iii) To be removed within 14 days of the conclusion of the event.
(5) Advertisements relating to any demonstration of agricultural methods or processes on the land on which they are displayed.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Limited in respect of each demonstration to a display occupying an area not exceeding 1.2 sq metres, no one advertisement of which exceeds 0.4 sq metre. (ii) Maximum period of display for any demonstration to be 6 months in any period of 12 months. (iii) When the demonstration is due to start on a specified date, not to be displayed earlier than 28 days before that date. (iv) To be removed within 14 days of the conclusion of the demonstration.
(6) Advertisements on hoardings enclosing, either wholly or in part, land on which building operations are taking or are about to take place and which is designated in any development plan for the time being in force primarily for commercial, industrial or business purposes.	0.75 metre	4.6 metres	(i) Not to be displayed in an area of special control or a conservation area. (ii) The consent shall not apply to advertisements which are less than 1.5 metres in height and 1 metre in length or more than 3.1 metres in height and 6.1 metres in length. (iii) When building operations are due to start on a specified date not to be displayed earlier than 28 days before that event. (iv) Not to be displayed for more than 2 years from the date of commencement of the display. (v) The advertiser shall not less than 14 days before the commencement of the display notify the planning authority of the date of the commencement of the display.
CLASS IV:
Advertisements on Business Premises:
(1) Advertisements displayed on business premises wholly with reference to all or any of the following matters: the business or other activity carried on, the goods sold or services provided, and the name and qualification of the person carrying on such business or activity or manufacturing or supplying such goods or services on those premises.	0.75 metre, or 0.3 metre in an area of special control	The bottom of the first floor level of the building or the wall on which the advertisement is displayed or, if lower, 4.6 metres or 3.6 metres in an area of special control	(i) Not to be displayed on the wall of a shop unless the wall contains a shop window. (ii) Aggregate area of such advertisements on any external face of the building in an area of special control not to exceed one-twelfth of the area of that face up to a height of 3.6 metres; the area occupied by any such advertisements to be computed as if the advertisement were displayed flat against the face of the building.
(2) Advertisements displayed on any forecourt of business premises wholly with reference to all or any of the matters specified in paragraph (1) above.	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) Aggregate area of such advertisements on any forecourt not to exceed 4.5 sq metres and where a building has a forecourt on 2 or more frontages it shall be treated as having a separate forecourt on each of these frontages.
CLASS V:
Advertisements within Buildings:
Advertisements displayed within any building and not exempted from these regulations by virtue of regulation 3(2).	0.75 metre, or 0.3 metre in an area of special control	4.6 metres, or 3.6 metres in an area of special control	(i) When illuminated not to incorporate any moving feature or animation. (ii) Any one advertisement not to be more than 250 sq centimetres in area. (iii) Any group of such advertisements not to total more than one-tenth of the area of the door or window within which they are displayed.
CLASS VI:
Illuminated Advertisements:
Illuminated advertisements displayed on business premises wholly with reference to all or any of the following matters: the business or other activity carried on, goods sold or services provided and the name or names and qualifications of the person or persons carrying on such business or activity or providing such goods or services on those premises.	0.75 metre	4.6 metres	(i) Each character of such advertisements to be illuminated individually from within, the background to be non-illuminated. (ii) Not to be displayed in a conservation area or an area of special control. (iii) To be displayed only on the external face of business premises and parallel to that face. (iv) Not more than one such advertisement to be displayed on any external face of the business premises. (v) No part of the advertisement to be less than 2.5 metres above ground level. (vi) Not to incorporate any moving feature or animation or to be illuminated intermittently. (vii) Not to be displayed on any wall which does not contain a shop window. (viii) Any part of such an advertisement not to project more than 0.25 metre from the wall. (ix) Switches, wires or other electrical installations necessary for the purpose of illumination to be concealed as far as is reasonably practicable.