The governing planning legislation is:
- The Town and Country Planning Control of Advertisements (England) Regulations 2007
- National Planning Policy Framework (NPPF) July 2018
- 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.
Fortunately this has been revisited and Planning Practice Guidance - Advertisements, provides a far more comprehensive approach. See https://www.gov.uk/guidance/advertisements
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.