The governing planning legislation is:
- The Town and Country Planning Control of Advertisements
(England) Regulations 2007
- National Planning Policy Framework (NPPF) March 2012
- Planning Practice Guidance March 2014
Before the NPPF guidance for the determination of planning applications and appeals relating to advertisement was provided within Circular 03/2007 and Planning Policy Guidance Note 19 (PPG19) in considerable detail. By comparison, in the NPPF advertisements are dealt with specifically in just two paragraphs, 67 and 68.
Poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authority's detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.http://planningguidance.planningportal.gov.uk/blog/policy
Where an area justifies a degree of special protection on the grounds of amenity, an Area of Special Control Order14 may be approved. Before formally proposing an Area of Special Control, the local planning authority is expected to consult local trade and amenity organisations about the proposal. Before a direction to remove deemed planning consent is made for specific advertisements, local planning authorities will be expected to demonstrate that the direction would improve visual amenity and there is no other way of effectively controlling the display of that particular class of advertisement. The comments of organisations, and individuals, whose interests would be affected by the direction should be sought as part of the process.
The NPPF is supplemented by Planning Practice Guidance March 2014 and assists in addressing the assessment of visual amenity and public safety where determining application and processes with both applications and appeals see http://planningguidance.planningportal.gov.uk/blog/guidance/advertisments
Where a planning appeal is undertaken, whether against the refusal to grant express consent or the issue of a discontinuance notice guidance on the procedure is found in Making your appeal...How to complete your advertisement appeal form - England, October 2013. Applicants are generally encouraged to appeal by written representation and that procedure is laid out in The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013.
All advertisements, except those specifically excluded from the provisions of the Regulations, must benefit from either express or deemed consent. Express consent requires an application to be made to the local planning authority to be determined by reference to visual amenity and public safety.
Deemed consent, of which there are seventeen classes, apply when certain qualifying conditions are met. Of particular significance to property developers and investors is Class 8 deemed consent (Class 8 of Regulation 6).
Class 8 of Regulation 6
Class 8 deemed consent provides a statutory right to erect advertising hoardings where building operations are taking place or are about to take place in accordance with a detailed planning consent primarily for commercial, industrial or business purposes.
The conditions are:
- The hoardings should enclose, either wholly or in part, the land subject to development.
- No such display shall be displayed in a conservation area, a National Park, an area of outstanding natural beauty or the Broads.
- No advertisement may be displayed earlier than three months before the commencement of the building operations.
- No advertisement shall exceed 38 square metres.
- No part of advertisement may be more than 4.6m metres above ground level.
- No such advertisement shall be displayed for more than 3 years.
- Illumination for the advertisement is permitted.
Assess the value of potential advertising income when undertaking a viability study of any qualifying sites before acqusition or commencing on any commercial development/refurbishment project.