Real Estate things you once knew but may have forgotten -The control of outdoor advertisements

United Kingdom

The control of outdoor advertisements

Advertisements make money. By selling a site or space, landowners can add value to, and increase income from, their land. At the same time, the companies with a product to sell via the advertisement will hope to see an increase in sales.

The ability to make use of space or buildings for placing advertisements is restricted by planning regulations, but many types of advertisements are able to be erected using deemed planning consent. Local planning authorities should always be helpful in explaining the 'dos and don'ts' and can provide on request a booklet published by the DETR called 'Outdoor Advertisements and Signs - A Guide for Advertisers'.

Deemed consent is granted for the display of a broad variety of advertisements, but subject to conditions and the ultimate sanction of the local planning authority to serve a Discontinuance Notice.

Standard conditions for advertisements are:

  • That they are maintained and kept in a clean and tidy condition to the reasonable satisfaction of the local planning authority
  • That they are kept in a safe condition
  • That any removal or replacement shall be carried out to the Council's reasonable satisfaction
  • No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site who is entitled to grant permission
  • No advertisement can be sited or displayed in a position where it obscures or hinders the easy viewing of a road traffic sign, a railway signal or aid to navigation.

Other minor conditions and limitations relate to size of the advertisement, size of characters and symbols on the advertisement and the height and display area.

Broadly speaking though, deemed consent grants permission to display potentially lucrative advertisements:

  • Advertisements illustrating the functions of local authorities, statutory undertakers and public transport undertakers
  • Miscellaneous advertisements that relate to the premises on which they are displayed (businesses or trades based in the premises)
  • Temporary advertisements, for example the sale or letting or premises
  • Illuminated advertisements on business premises
  • Any other advertisements on business premises
  • Advertisements on the forecourt of business premises, subject to the maximum size of the forecourt
  • Advertisements using flags (but not the national flag of any country)
  • Advertisements on hoardings adjacent to public highways and advertisements on highway structures
  • Advertisements inside a building.

So, unless an advertisement has deemed consent for its display, express consent is required. The Town and Country Planning (Control of Advertisements) Regulations 1992 allow local planning authorities to control advertisements in the interests of amenity and public safety, and to ensure that outdoor advertising contributes positively to the appearance of the environment in cities, towns and the countryside

Consent has to be obtained from the local planning authority who may refuse to grant consent, or grant consent in whole or in part, subject to any standard conditions and additional conditions that are reasonable and justifiable in planning terms.

In addition there are numerous areas of special control. Advertisements in Conservation Areas, National Parks, the Norfolk Broads and Areas of Outstanding Natural Beauty are subject to strict control, although the designation of a Conservation Area need not necessarily justify a local planning authority using advertisement controls restrictively. Many Conservation Areas are thriving commercial centres where a normal range of advertisements on commercial premises is to be expected. In addition, there are other controls applying to advertisements for display on listed buildings and on the sites of scheduled ancient monuments.

As with any planning applications the normal time limit for the authority to issue a decision is 8 weeks from receipt of the application. The Secretary of State envisages that all authorities should aim to decide 80 percent of advertisement applications within 8 weeks, and in the event there are appeals against a refusal, the long-term aim of the DETR is to ensure that the decision on an appeal is made within 15 weeks of receiving it.

For further information please contact Alistair Watson at [email protected] or on +44 (0) 20 7367 3890.