Planning Practice Note
Control of Advertisements
INTRODUCTION
The purpose of this Practice Note is to give outline advice on Advertisement Control. Please remember that this is a complex aspect of planning regulation and that:
- this is an outline guide only and should not be taken as a statement of the law;
- this guide only deals with advertisement issues which normally arise in South Shropshire;
- a more detailed guide produced by the Government is available on request;
- you should consult the LPA to confirm your interpretation of the rules before taking any action.
MEANING OF 'ADVERTISEMENT'
Advertisement means any word, letter, model, sign, placard, board, notice, awning, blind, device or representation used for advertisement announcement or direction.
THE CATEGORIES OF ADVERTISEMENT
Advertisements fall into 3 main categories:
- some advertisements are exempt from control altogether;
- the LPA's consent is not needed for some types of advertisement which have deemed consent under the rules (usually subject to conditions and restrictions);
- all other advertisements need express consent from the LPA.
All advertisements must comply with standard conditions. They must be kept clean, tidy and safe; must have the landowner's permission; must not interfere with traffic or other signs; and must be removed carefully when so required by the LPA.
OFFENCES
It is an offence to display an advertisement which is not exempt from control and which does not have either deemed consent or express consent.
THE LPA'S POWERS
The LPA has powers to:
- designate Areas of Special Control of Advertisements;
- remove deemed consent for particular types of advertisement in specific areas;
- require the display of particular advertisements to be discontinued;
- to grant or refuse express consent when an application is made;
- to prosecute anyone breaching the Regulations.
These powers may be exercised only in the interests of amenity and public safety. The first two powers require the approval of the Secretary of State. The LPA may not exercise control over the content of advertisements.
EXEMPTIONS
Some advertisements are exempt from advertisement control subject to certain conditions:
- advertisements on enclosed land (which cannot be seen from public viewpoints) such as railway stations and sports stadiums;
- advertisements on vehicles which are normally moving and not designed specifically to display advertisements;
- election and parliamentary advertisements;
- captive balloons and national flags;
- non-illuminated advertisements inside buildings more than 1 metre from any external door or window;
- non-illuminated price tags or trade names on petrol pumps or vending machines;
- if they are part of the fabric of a building;
- traffic signs.
THE AREA OF SPECIAL CONTROL OF ADVERTISEMENTS (ASCA)
Most of South Shropshire has been an ASCA for many years. The ASCA was redesignated on 2 July 1997 and includes
- all rural parts of the District;
- all conservation areas.
The only parts of South Shropshire which are not ASCA are the built-up parts of Bishop's Castle, Burford, Church Stretton, Cleobury Mortimer, Craven Arms and Ludlow which are not conservation areas.
RULES ON ADVERTISEMENTS WITH DEEMED CONSENT
This Practice Note describes the Rules that apply in the ASCA. The conditions and restrictions that apply outside ASCA are slightly less restrictive. Please ask for details if you think they might apply in your case.
General restrictions apply to all the following advertisement types. They must:
- be displayed on the premises to which they relate;
- not be illuminated;
- not exceed the figures quoted in brackets:
- maximum size (Xm2);
- maximum height above ground [Xm];
- maximum lettering height {Xm}.
Functional advertisements by public bodies
Must be in own administrative area. Examples:
- notice boards;
- timetables;
- warning notices;
- bye-laws.
Miscellaneous advertisements
- House numbers and names and miscellaneous signs such as 'No Parking' and
- Please shut the gate' (0.3m2){0.3m};
- professional and business brass plates and notices (0.3m2);
- notices on schools, churches, village halls, clubs, surgeries, hotels, pubs, flats etc. (1.2m2).
Estate agents' signs
- on commercial premises (2m2 or 2.3m2 on 2 boards joined in a 'V')[3.6m]{0.3m};
- on residential premises (0.5m2 or 0.6m2 on 2 boards joined in a 'V')[3.6m]{0.3m};
The allowance is one sign on each property unless there is more than one street frontage. Joint agents must share the allowance. Directional and other signs not on the property are not allowed.
Other temporary advertisements
- auction notices (1.2m2)[3.6m]{0.3m};
- notices about local charitable events (does not include commercial events or activities); (0.6m2)[3.6m]{0.3m};
- circuses [3.6m]{0.3m}.
Advertisements on business premises
This category includes shops, offices, banks, restaurants, factories, theatres etc. The subject matter of the advertisement is limited to the business concerned:
- its name and nature;
- the goods and/or services available.
Limitations apply:
- (1.2m2)[3.6m]{0.3m};
- the area of the advertisement must also not exceed 10% of the external face of the building below 3.6m;
- it must not be higher than the bottom af any first floor window;
- on a shop, the wall must have a shop window in it.
Forecourts of business premises
These include:
- enclosed areas in front of shops (4.5m2);
- garage forecourts (4.5m2);
- restaurant and café terraces (4.5m2).
The allowances are the total surface area of the advertisements on any one forecourt.
'A' boards
'A' boards and other signs placed on the highway require express consent and the consent of the highway authority. Anyone considering placing a sign of this type on the pavement (or road or verge) is advised to take legal and insurance advice.
Neighbourhood watch schemes
These are allowed for properly constituted schemes subject to:
- the consent of the highway authority;
- prior notice to the LPA, the highway authority and the police (0.2m2)[3.6m];
Advertisements inside buildings
Advertisements (including illuminated ones) within 1 metre of a door or window have unconditional deemed consent.
Advertisements for which express consent has expired
Where express consent has been granted and expired (normally after 5 years), an advertisement continues to have deemed consent.
Special rules
Special rules apply to the following classes of advertisement with deemed consent. Please ask for details:
- advertisements on building sites;
- agricultural demonstrations;
- illuminated advertisements on business premises outside ASCA;
- flags on new housing estates;
- poster panels on highway structures;
- directional advertisements to new housing developments;
- sites used for displaying advertisements on 1 April 1974.
APPLYING FOR EXPRESS CONSENT
If your proposed advertisement is not exempt or has deemed consent, you must apply for express consent from the LPA. The procedure is largely the same as the procedure for applying for planning permission. The necessary forms and advice are available from the LPA.
Appeals
Refusals of express consent and any conditions attaching to them are subject to appeal by the applicant.
Advertisements on listed building may require listed building consent. If your proposed advertisement is on or in the curtilage of a listed building, please ask for advice.
LPA POLICY
The LPA's policy on advertisements which require express consent is that the interests of amenity are best served by advertisements which:
- are in scale and keeping with the building on which they are located and their surroundings;
- are made of traditional materials;
- any illumination is from a well designed and sited external source and does not illuminate the whole advertisement from an internal light source.
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 13/2/2007.
