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Optional Enquiry 5: Advertisements

Document Cited authorities 9 Cited in Related
Vincent
AuthorKeith Pugsley/Ken Miles
Pages113-120
Optional Enquiry 5: Advertisements

Entries in the register
5.1. Please list any entries in the register of applications, directions and decisions relating to consent for the display of advertisements.
5.2. If there are any entries, where can that register be inspected?

Notices, proceedings and orders

5.3. Except as shown in the official certificate of search:
(a) has any notice been given by the Secretary of State or served in respect of a direction or proposed direction restricting deemed consent for any class of advertisement?

(b) has the local authority resolved to serve a notice requiring the display of any advertisement to be discontinued?

(c) if a discontinuance notice has been served, has it been complied with to the satisfaction of the local authority?

(d) has the local authority resolved to serve any other notice or proceedings relating to a contravention of the control of advertisements?

(e) has the local authority resolved to make an order for the special control of advertisements for the area?

This optional enquiry relates to the special code of advertisement control contained in the Town and Country Planning (Control of Advertisements) Regulations and how it may affect the property. It is normally asked by buyers of commercial properties who are concerned to know whether there are any restrictions on the advertisements that may be displayed.

The current regulations are the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (SI 2007/783) (2007 Regulations). The Town and Country Planning (Control of Advertisements) Regulations 1992 (SI 1992/666), which are very similar in content, continue to apply in a modified form in Wales.

OPTIONAL ENQUIRIES 5.1 AND 5.2: ENTRIES IN THE REGISTER

The regulations confer powers on the council, as local planning authority, to control the display of advertisements in the interests of amenity and public safety.

An ‘advertisement’ is defined by section 336(1) of the Town and Country Planning Act 1990, for the purposes of the regulations, as any word, letter, model,

114 Enquiries of Local Authorities and Water Companies

sign, placard, board, notice, awning, blind, device or representation whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of advertisement, announcement or direction. The present definition specifically excludes memorials, railway signals and placards borne by individuals or animals, but hoardings and balloons are included.

The regulations apply to the display of all advertisements except the nine classes of advertisement specified in Schedule 1 to the Town and Country Planning Act 1990, which are broadly as follows:

(a) those displayed on enclosed land and not readily visible from land outside that enclosure;

(b) those displayed within a building and not visible from outside;
(c) those displayed on vehicles;
(d) those actually forming the fabric of a building, e.g. incised stonework lettering;

(e) those displayed on an article for sale or on its container, provided they are not illuminated and do not exceed 0.1 square metres in area;

(f) those relating to Parliamentary, European or local government elections up to 14 days after close of the poll;

(g) those required by statute;
(h) traffic signs;
(i) national or district flags flown on a single vertical flagstaff without added inscriptions beyond the approved design of the flag.

Generally, under the regulations, no advertisement except as above may be displayed without the consent of the council as local planning authority. In giving such consent, the council must have regard, in the interests of amenity, to the suitability of the use of a site for the display of advertisements, taking...

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