The Town and Country Planning (Control of Advertisements) (England) Regulations 2007

• (5) Subject to sub-paragraphs (3) and (4) and Part 4A, not more than one advertisement is permitted.

7B

An advertisement in the form of a flag attached to a single vertical flagstaff erected on a site which forms part of an area of land in respect of which planning permission has been granted for development of which the only or principal component is residential development and on which—

• (a) operations for the construction of houses are in progress pursuant to that permission, or

• (b) such operations having been completed, at least one of the houses remains unsold .

7B

• (1) No advertisement is permitted within a conservation area, an Area of Outstanding Natural Beauty, a National Park, the Broads or an area of special control.

• (2) The number of advertisements on the land concerned shall not exceed—

• (a) where the aggregate number of houses on that land does not exceed 10, one;

• (b) where the aggregate number of houses on that land exceeds 10 but does not exceed 100, two;

• (c) where the aggregate number of houses on that land exceeds 100, three.

• (3) No part of the flagstaff may be more than 4.6 metres above ground level.

• (4) No flag shall exceed 2 square metres in area.

• (5) No advertisement shall be displayed after the expiration of the period of1 year commencing on the day on which building operations on the land concerned have been substantially completed.

8

An advertisement on a hoarding which encloses, either wholly or in part, land on which building operations are taking place or are about to take place, if those operations are in accordance with a grant of planning permission (other than outline permission) for development primarily for use for commercial, industrial or business purposes.

8

• (1) Subject to paragraph (2), no advertisement shall be displayed in a conservation area, a National Park, an Area of Outstanding Natural Beauty or the Broads.

• (2) Paragraph (1) does not preclude the continued display of an advertisement that is displayed at the date of designation of the relevant area until the expiry of 1 year from that date, or 2 years from the date of commencement of the display, whichever is the later.

• (3) No advertisement may be displayed earlier than three months before the commencement of the building operations.

• (4) No advertisement shall exceed 38 square metres in area.

• (5) No part of the advertisement may be more than 4.6 metres above ground level.

• (6) At least 14 days before the advertisement is first displayed, the person who proposes to display it shall notify the local planning authority in writing of the date on which it will first be displayed and shall send a copy of the relevant planning permission.

• (7) No advertisement shall be displayed for more than 3 years.

• (8) Illumination is not permitted unless it—

• (a) is by static means,

• (b) includes no intermittent light source, flashing lights, moving parts or features, exposed cold cathode tubing, animation or retroflective material, and

• (c) is in a manner reasonably required to fulfil the purpose of the advertisement.

9

An advertisement displayed on a part of an object or structure designed to accommodate six-sheet panel displays, the use of which for the display of advertisements is authorised under section 115E(1)(a) of the Highways Act 1980 .

9

• (1) No advertisement may exceed 2.16 square metres in area.

• (2) Illumination is not permitted.

• (3) No character or symbol on the advertisement may be more than 0.75 metre in height or 0.3 metre in an area of special control.

• (4) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

10

An advertisement displayed on or near highway land (but not in the window of a building), to give notice that a closed circuit television surveillance scheme, or a neighbourhood watch or similar scheme, established jointly by the local policing body and a local committee or other body of persons, is in operation in the area.

10

• (1) No advertisement may exceed 0.2 square metre in area.

• (2) No advertisement may be displayed on highway land without the consent of the highway authority.

• (3) The local planning authority shall, at least 14 days before the advertisement is first displayed, be given particulars in writing of the place at which it is to be displayed and a certificate—

• (a) that the scheme has been properly established;

• (b) that the local policing body has agreed to the display of the advertisement; and

• (c) where relevant, that the consent of the highway authority has been given.

• (4) The advertisement shall be removed within 14 days after—

• (a) the relevant scheme ceases to operate;

• (b) the relevant scheme ceases to be approved by the local policing body; or

• (c) the highway authority withdraws its consent to its display.

• (5) Illumination is not permitted.

• (6) No character or symbol on the advertisement may be more than 0.75 metre in height, or 0.3 metre in an area of special control.

• (7) No part of the advertisement may be more than 3.6 metres above ground level.

11

An advertisement on a single flat surface directing potential buyers and others to a site where residential development is taking place.

11

• (1) No advertisement may exceed 0.15 square metre in area.

• (2) No part of the advertisement may be of a retroflective material.

• (3) The design of the advertisement may not be similar to that of a traffic sign.

• (4) The advertisement is to be displayed on land adjacent to highway land, in a manner which makes it reasonably visible to an approaching driver, but not within 50 metres of a traffic sign intended to be observed by persons approaching from the same direction.

• (5) No advertisement may be more than two miles from the main entrance of the site.

• (6) The person who proposes to display the advertisement shall notify the local planning authority, in writing, at least 14 days before the advertisement is first displayed, of the place at which, and the first date on which, it will be displayed.

• (7) No advertisement may be displayed after the development of the site is completed or, in any event, for more than 2 years.

• (8) Illumination is not permitted.

• (9) No character or symbol on the advertisement shall be less than 0.04 metre high or more than 0.25 metre high.

• (10) No part of the advertisement may be more than 4.6 metres above ground level, or 3.6 metres in an area of special control.

12

An advertisement displayed inside a building other than an advertisement—

• (a) falling within Class I in Schedule 1; or

• (b) displayed on the glazed surface of a telephone kiosk.

13

An advertisement displayed on a site that has been used continually for the preceding ten years for the display of advertisements without express consent.

13

• (1) An advertisement does not fall within this description if, during the relevant 10-year period, there has been either a material increase in the extent to which the site has been used for the display of advertisements or a material alteration in the manner in which it has been so used.

• (2) If any building or structure on which such an advertisement is displayed—

• (a) is removed in compliance with a requirement of, or under, any enactment,

• (b) is removed in any other circumstances, or

• (c) is destroyed by any means,

the erection of any building or structure to continue the display is not permitted.

• (3) Illumination is not permitted unless—

• (a) the advertisement is displayed with illumination on 6th April 2007; or

• (b) the advertisement is first displayed after that date, and the advertisement most recently displayed was illuminated.

• (4) An advertisement that—

• (a) comprises sequential displays; or

• (b) otherwise includes moving parts or features; or

• (c) features intermittent lighting in a manner designed to give the appearance of movement,

is not permitted unless—

• (i) it is displayed on 6th April 2007 and falls within the description specified in any of sub-paragraphs (a) to (c); or

• (ii) it is first displayed after that date, and the advertisement most recently displayed fell within any such description.

14

An advertisement displayed after the expiry of express consent, unless—

• (a) it would contravene a condition subject to which express consent was granted; or

• (b) an application for renewal of consent has been refused.

14

• (1) The terms of the express consent, including any conditions to which it was subject (to the extent that those terms and conditions are not incapable of performance by reason of the passage of time), shall be treated as applying to the continued display.

• (2) No advertisement may be displayed under this class except on a site which has been continually used for the purpose since the expiry of the express consent.

• (3) Unless authorised by the express consent, an advertisement that—

• (a) comprises sequential displays; or

• (b) otherwise includes moving parts or features; or

• (c) features intermittent lighting in a manner designed to give the appearance of movement; or

• (d) is illuminated,

is not permitted.

15

The display of an advertisement on, or consisting of, a balloon not more than 60 metres above ground level.

15

• (1) The site of the advertisement is not in an Area of Outstanding Natural Beauty, a conservation area, a National Park, the Broads or an area of special control.

• (2) Not more than one advertisement may be displayed on the site at any one time.

• (3) The site may not be used for the display of advertisements on more than 10 days in total in any calendar year.

16

An advertisement displayed on the glazed surface of a telephone kiosk, other than a kiosk of type K2 (1927) or K6 (1935) designed by Giles Gilbert Scott.

16

• (1) No advertisement may be displayed in an Area of Outstanding Natural Beauty, a conservation area, a National Park, the Broads or an area of special control.

• (2) Illumination is not permitted.

• (3) Subject to paragraph (4), with the exception of the name of the electronic communications code operator, its trading name or symbol, no advertisement may be displayed on more than one face of the kiosk.

• (4) Where three or more kiosks are sited in a row or group, the display of an advertisement on any face of one kiosk shall preclude the display of an advertisement on the face of any adjacent kiosk.

PART 2 — INTERPRETATION

1

• (1) In this Schedule—

• “business premises” means any building or part of a building normally used for the purpose of any professional, commercial, or industrial undertaking, or for providing services to members of the public or of any association, and includes a public restaurant, licensed premises and a place of public entertainment, but does not include—a building designed for use as one or more separate dwellings, unless—it has normally been used in each of the preceding ten years for the purpose of any professional, commercial, or industrial undertaking, or for providing services to members of the public or of any association; orit has been adapted for use for any such purpose by the construction of a shop front or the making of a material alteration of a similar kind to its external appearance;a building used as an institution of a religious, educational, cultural, recreational, or medical or similar character;any forecourt or other land forming part of the curtilage of a building;any fence, wall or similar screen or structure, unless it forms part of the fabric of a building;

• ...

• ...

• ...

• “electronic communications apparatus” means apparatus falling within the definition of that term in paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003;

• “electronic communications service” means a service falling within the definition of that term in section 32(2) of the Communications Act 2003;

• “forecourt”, in relation to any building or part of a building, means an area of land (whether or not enclosed) within the curtilage of the building or part, to which the public may have access only with the permission (express or implied) of the owner; and includes any fence, wall or similar screen or structure that defines the boundaries of that area;

• “ground level”, in relation to the display of advertisements on any building, means the ground-floor level of that building;

• “highway land” means any land within the boundaries of a highway;

• “joined boards” means boards joined at an angle, so that only one surface of each is usable for advertising;

• “practitioner in human health” includes a chiropodist, chiropractor, dentist or doctor of medicine, an optician or osteopath, and a physiotherapist;

• “public transport undertaking” means an undertaking engaged in the carriage of passengers in a manner similar to that of a statutory undertaking;

• “retail park” means a group of 3 or more retail stores, at least one of which has a minimum internal floor area of 1,000 square metres and which—are set apart from existing shopping centres but within an existing or proposed urban area;sell primarily goods other than food; andshare one or more communal car parks; and

• ...

• “telephone kiosk” means any kiosk, booth, acoustic hood, shelter or similar structure which is erected or installed for the purpose of housing or supporting electronic communications apparatus and at which an electronic communications service is provided (or is to be provided) by an electronic communications code operator.

• (2) Where a maximum area is specified, in relation to any class in this Schedule, in the case of a double-sided advertisement, the area of one side only shall be taken into account.

2

• (1) The permitted levels of luminance for advertisements falling within Classes 2B, 2C, 4A, 4B or 5 are—

• (a) where the illuminated area is not more than 10 square metres, 600 candela per square metre; and

• (b) where the illuminated area is more than 10 square metres, 300 candela per square metre.

• (2) In calculating an area for the purposes of paragraph (1)—

• (a) each advertisement, or in the case of a double-sided projecting advertisement, each side of the advertisement, is to be taken separately; and

• (b) no unilluminated part of the advertisement is to be taken into account.

3

In relation to advertisements within Class 4A or 4B, “halo illumination” means illumination of the background to the text of the advertisement, where the light source cannot be viewed directly from any angle.

4

• (1) For the purposes of Class 7B—

• “aggregate number” means the aggregate of the number of houses constructed, in the course of construction, or proposed to be constructed, on the land concerned;

• “flat” means a separate and self-contained set of premises constructed for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;

• “house” includes a flat;

• “planning permission” does not include any outline planning permission in relation to which some or all of the matters reserved for subsequent approval remain to be approved; and

• “the land concerned”, in relation to any development, means—except in a case to which sub-paragraph (2) or (3) applies, the land to which the planning permission for the development relates;in a case to which sub-paragraph (2) applies, the land on which a particular phase of that development was or, as the case may be, is being or is about to be carried out;in a case to which sub-paragraph (3) applies, the part of the land to which the permission relates on which a person has carried out part of that development, or, as the case may be, is carrying it out or is about to carry it out.

• (2) Subject to sub-paragraph (3), this sub-paragraph applies where the development is carried out in phases.

• (3) This sub-paragraph applies where the development is carried out by two or more persons who each carry out part of it on a discrete part of the land to which the planning permission relates (whether the whole of the development or any part of it is carried out in phases or otherwise).

5

For the purposes of Class 15, “the site” means—

• (a) in a case where the advertisement is being displayed by a person (other than the occupier of the land) who is using, or proposing to use, the land to which the balloon is attached for a particular activity (other than the display of advertisements) for a temporary period, the whole of the land used, or to be used, for that activity;

• (b) in any other case, the land to which the balloon is attached and all land normally occupied with it.

SCHEDULE 4 — MODIFICATIONS OF THE ACT

PART1 — MODIFICATIONS OF SECTION 70A OF THE ACT

1

In section 70A of the Act—

• (a) in subsection (1)—

• (i) for “planning permission for the development of any land” substitute “ express consent ”;

• (ii) in paragraph (a), omit the words “has refused a similar application referred to him under section 77 or”; and

• (iii) for paragraph (b) substitute—

(b) in the opinion of the authority there has been no significant change in any material consideration since the dismissal mentioned in paragraph (a).

• (b) after subsection (1) insert the following subsection—

(1A) A local planning authority may decline to determine an application for express consent if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.

; and

• (c) in subsection (2)—

• (i) after “the purposes of” insert “ subsection (1) of ”;

• (ii) for “planning permission for the development of any land” substitute “ express consent ”;

• (iii) for “development” substitute “ subject matter of the applications ”; and

• (iv) for “the applications” substitute “ they ”.

PART 2 — SECTION 70A OF THE ACT AS MODIFIED

70A

• (1) A local planning authority may decline to determine a relevant application if—

• (a) the condition in subsection (3) or (4) is satisfied, and

• (b) the authority think there has been no significant change in the relevant considerations since the relevant event.

• (1A) A local planning authority may decline to determine a relevant application if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.

……subsection (2) omitted

• (3) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has dismissed an appeal—

• (a) against the refusal of a similar application, or

• (b) under section 78(2) in respect of a similar application.

• (4) The condition is that—

• (a) in that period the local planning authority have refused more than one similar application, and

• (b) there has been no appeal to the Secretary of State against any such refusal.

• (5) A relevant application is an application under regulation 9 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for express consent to display an advertisement.

• (6) The relevant considerations are—

• (a) the development plan so far as material to the application; and

• (b) any other material considerations including, in particular, the factors relevant to amenity and public safety that the local planning authority are required to take into account when exercising their powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

• (7) The relevant event is—

• (a) for the purposes of subsection (4) the refusal of the similar application;

• (b) for the purposes of subsection (3) the dismissal of the appeal.

• (8) An application for express consent is similar to another application if (and only if) the local planning authority think that the subject matter of and the land to which the applications relate are the same or substantially the same.

PART 3 — MODIFICATIONS OF SECTIONS 78 AND 79 OF THE ACT(APPLICATIONS FOR EXPRESS CONSENT)

1

In section 78 of the Act—

• (a) in subsection (1), for paragraphs (a) to (c) substitute “ refuse an application for express consent or grant it subject to conditions, ”;

• (b) for subsection (2) substitute—

(2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.

• (c) for subsection (3) substitute the following subsections—

(3) An applicant who wishes to appeal under subsection (1) or (2) shall give notice of appeal to the Secretary of State by— (a) serving on the Secretary of State within— (i) 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2); or (ii) such longer period as the Secretary of State may, at any time, allow, a completed appeal form, obtained from the Secretary of State; and (b) serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable. (3A) The appeal form mentioned in subsection (3)(a) shall be accompanied by a copy of each of the following documents— (a) the application made to the local planning authority; (b) all relevant plans and particulars submitted to them; (c) the notice of the authority's decision (if any); and (d) any other relevant correspondence with the authority.

• (d) omit subsection (4);

• (da) omit subsections (4A) to (4D); and

• (e) in subsection (5), omit the references to sections 79(3), 253(2)(c) and 266(1)(b).

2

In section 79 of the Act—

• (a) after subsection (1) insert—

(1A) The Secretary of State may, in granting an express consent, specify that its term shall run for such longer or shorter period than 5 years as he considers expedient, having regard to the interests of amenity (including aural amenity) and public safety, and taking into account— (a) relevant provisions of any applicable development plan; (b) the factors referred to in regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007; and (c) any period specified in the application for consent.

• (b) omit subsections (2) to (4);

• (c) in subsection (5), for “such an appeal shall be final”, substitute “ an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority ”;

• (d) in subsection (6)—

• (i) omit “such”; and

• (ii) for the words from “an application for planning permission” to “planning permission for that development”, substitute “ in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent ”; and

• (e) in subsection (6A), after the word “appeal”, the first time it appears, insert “ as is mentioned in subsection (6) ”.

PART 4 — SECTIONS 78 AND 79 OF THE ACT AS MODIFIED

78

• (1) Where a local planning authority refuse an application for express consent or grant it subject to conditions, the applicant may by notice appeal to the Secretary of State.

• (2) A person who has made an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have neither given him notice of their decision on it nor given him notice that they have exercised their power under section 70A to decline to determine the application.

• (3) An applicant who wishes to appeal under subsection (1) or (2) shall give notice of appeal to the Secretary of State by—

• (a) serving on the Secretary of State within—

• (i) 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2); or

• (ii) such longer period as the Secretary of State may, at any time, allow,

a completed appeal form, obtained from the Secretary of State; and

• (b) serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable.

• (3A) The appeal form mentioned in subsection (3)(a) shall be accompanied by a copy of each of the following documents—

• (a) the application made to the local planning authority;

• (b) all relevant plans and particulars submitted to them;

• (c) the notice of the authority's decision (if any); and

• (d) any other relevant correspondence with the authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purposes of the application of sections 79(1) , 288(10)(b) and 319A(7)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.

79

• (1) On appeal under section 78 the Secretary of State may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

• (1A) The Secretary of State may, in granting an express consent, specify that its term shall run for such longer or shorter period than 5 years as he considers expedient, having regard to the interests of amenity (including aural amenity) and public safety, and taking into account—

• (a) relevant provisions of any applicable development plan;

• (b) the factors referred to in regulation 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007; and

• (c) any period specified in the application for consent.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) The decision of the Secretary of State on an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.

• (6) If, before or during the determination of an appeal in respect of an application for express consent, the Secretary of State forms the opinion that, having regard to the Regulations mentioned in subsection (1A) and to any direction given under them, consent—

• (a) could not have been granted by the local planning authority; or

• (b) could not have been granted otherwise than subject to the conditions imposed,

he may decline to determine the appeal or to proceed with the determination.

• (6A) If at any time before or during the determination of such an appeal as is mentioned in subsection (6) it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

• (a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

• (b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

• (7) Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.

PART 5 — MODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)

1

In section 78, for subsections (1) to (5) substitute—

(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State. (2) A person who wishes to appeal under subsection (1) shall give notice of appeal to the Secretary of State by— (a) serving on the Secretary of State— (i) before the date on which the discontinuance notice is due to take effect under regulation 8(4), taking into account where appropriate of any extension of time under regulation 8(6), of those Regulations; or (ii) such longer period as the Secretary of State may allow, a completed appeal form, obtained from the Secretary of State; and (b) serving on the local planning authority a copy of the completed appeal form mentioned in sub-paragraph (a) as soon as reasonably practicable. (3) The appeal form mentioned in subsection (2)(a) shall be accompanied by a copy of each of the following documents— (a) the discontinuance notice; (b) any notice of variation; and (c) any relevant correspondence with the authority. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 79—

• (a) for subsection (1) substitute—

(1) Where an appeal is brought in respect of a discontinuance notice the Secretary of State may— (a) allow or dismiss the appeal, or (b) subject to subsection (1A)— (i) correct any defect, error or misdescription in the discontinuance notice; or (ii) reverse or vary any part of the notice (whether the appeal relates to that part of it or not), and deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action. (1A) The Secretary of State may take any action mentioned in subsection (1)(b) only if he is satisfied that the correction, reversal or variation will not cause injustice to the appellant or the local planning authority.

• (aa) omit subsections (2) and (3);

• (b) for subsection (4) substitute—

(4) On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination including, where appropriate, directions for quashing the discontinuance notice or for varying its terms.

• (c) omit subsection (6); and

• (d) in subsection (6A), after the word “appeal”, the first time it appears, insert “ in respect of a discontinuance notice ”.

SCHEDULE 5 — AREA OF SPECIAL CONTROL ORDERS

PART 1 — PROCEDURE FOR AREA OF SPECIAL CONTROL ORDERS

1

Where a local planning authority proposes—

• (a) to designate an area of special control; or

• (b) to modify an area of special control order,

it shall make an area of special control order designating the area or indicating the modifications by reference to a map annexed to the order.

2

If an area of special control order contains any descriptive matter relating to the area or the modifications in question, that descriptive matter shall prevail, in the case of any discrepancy with the map, unless the order provides to the contrary.

3

As soon as may be after the making of an area of special control order, the authority shall submit it to the Secretary of State for approval, together with—

• (a) two certified copies of the order;

• (b) a full statement of the authority's reasons for making it;

• (c) in the case of an order modifying an existing order, unless the boundaries of the existing area of special control are indicated on the map annexed to the order, a plan showing both those boundaries and the proposed modifications; and

• (d) such additional certified copies of any of the material referred to in subparagraphs (a) to (c) as the Secretary of State may, by notice in writing to the authority, require.

4

The authority shall, as soon as reasonably practicable after the making of an area of special control order, publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice in Form 1.

5

If any objection is made to an order, in the manner and within the time specified in the notice, the Secretary of State—

• (a) may offer all interested parties an opportunity to make representations to her in writing about any such objection before such date as she may specify;

• (b) may, and at the request of any interested party shall, either provide for a local inquiry to be held or afford to the parties an opportunity of a hearing before a person appointed by her.

6

After considering any representations or objections duly made and not withdrawn and, where applicable, the report of any person holding an inquiry or hearing, the Secretary of State may, subject to paragraph 7, approve the order with or without modification.

7

If the Secretary of State proposes to modify an order by the inclusion of additional land, she shall—

• (a) publish notice of her proposed modification;

• (b) afford an opportunity for the making of objections to, or representations about, the proposed modification; and

• (c) if she considers it expedient, provide for a further inquiry or hearing to be held.

8

As soon as may be after the order has been approved, the local planning authority shall publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice of its approval in Form 2.

9

An area of special control order shall come into force on the date on which the notice of its approval is published in the London Gazette.

10

Where a local planning authority proposes to make an order revoking an area of special control order, a map showing the area then subject to special control shall be annexed to the order.

11

Paragraphs 3 to 6, 8 and 9 shall apply in relation to an order under paragraph 10 as they apply in relation to the making and approval of an area of special control order, as if—

• (a) for references to the area of special control order (in whatever terms) there were substituted references to the revocation order;

• (b) paragraph 3(c) were omitted;

• (c) in paragraph 3(d), for “(a) to (c)”, there were substituted “ (a) and (b) ”;

• (d) in paragraph 4, for “Form 1”, there were substituted “ Form 3 ”;

• (e) in paragraph 6 the words “, subject to paragraph 7,” were omitted; and

• (f) in paragraph 8, for “Form 2” there were substituted “ Form 4 ”.

12

Any reference in this Part to a form followed by a number is a reference to the form bearing that number in Part 2 of this Schedule or a form substantially to the like effect.

PART 2 — FORMS OF NOTICE

FORM 1

NOTICE OF AN AREA OF SPECIAL CONTROL ORDER

FORM 2

NOTICE OF APPROVAL OF AN AREA OF SPECIAL CONTROL ORDER

FORM 3

NOTICE OF REVOCATION OF AN AREA OF SPECIAL CONTROL ORDER

FORM 4

NOTICE OF APPROVAL OF AN ORDER REVOKING AN AREA OF SPECIALCONTROL ORDER

Signed

Signed by authority of the Secretary of Statefor Communities and Local Government

Yvette Cooper — Minister of State — 2007-03-08

Explanatory note

(This note is not part of the Regulations)

Footnotes

FORM 1 — NOTICE OF AN AREA OF SPECIAL CONTROL ORDER

FORM 2 — NOTICE OF APPROVAL OF AN AREA OF SPECIAL CONTROL ORDER

FORM 3 — NOTICE OF REVOCATION OF AN AREA OF SPECIAL CONTROL ORDER

FORM 4 — NOTICE OF APPROVAL OF AN ORDER REVOKING AN AREA OF SPECIALCONTROL ORDER

Editorial notes

1

In section 70A of the Act—

• (a) in subsection (1), for paragraph (a), substitute—

(a) the condition in subsection (3) or (4) is satisfied, and

• (b) after subsection (1) insert the following subsection—

(1A) A local planning authority may decline to determine a relevant application if, by virtue of regulation 21(1) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, they have no power to grant the consent applied for.

• (c) omit subsection (2);

• (d) in subsection (3), for “in that period”, substitute “in the period of two years ending with the date on which the application mentioned in subsection (1) is received”;

• (e) for subsection (5) substitute—

(5) A relevant application is an application under regulation 9 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 for express consent to display an advertisement.

• (f) in subsection (6), at the end of paragraph (b), insert—

including, in particular, the factors relevant to amenity and public safety that the local planning authority are required to take into account when exercising their powers under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007

• (g) in subsection (7), in paragraph (a), for “subsections (2) and (4)”, substitute “subsection (4)”; and

• (h) in subsection (8)—

• (i) for “planning permission”, substitute “express consent”; and

• (ii) for “the development”, substitute “the subject matter of”.

17

An advertisement displayed on a charging point for electric vehicles.

17

• (1) An advertisement may only be displayed by the person (“the relevant person”) who—

• (a) installed the charging point;

• (b) supplies the electricity to the charging point; or

• (c) does both of the above.

• (2) Only one advertisement may be displayed on the charging point by the relevant person.

• (3) The advertisement must only display—

• (a) the name of the relevant person;

• (b) the device of that person; or

• (c) both of the above.

• (4) No advertisement may exceed 70 square centimetres in area.

• (5) Where the person who installed the charging point and the person who supplies the electricity to the charging point are different people, no more than two advertisements are permitted on the charging point.

• (6) Where there are two advertisements on a charging point, those advertisements are to be placed, so far as is reasonably practicable, so as to face in opposite directions.

• (7) Illumination is not permitted.

7AA

An advertisement in the form of a flag attached to a single flagstaff projecting from any part of a building other than vertically from the roof.

7AA

• (1) No advertisement is permitted within a conservation area, an Area of Outstanding Natural Beauty, a National Park, the Broads or an area of special control.

• (2) No advertisement is permitted other than one—

• (a) bearing either the name or device, or both the name and device, of any person occupying the building;

• (b) referring to a specific event (other than the offering of named goods for sale) of limited duration, which is taking place in the building, for the duration of that event;

• (c) bearing the device of any sports club;

• (d) bearing six horizontal equal stripes of red, orange, yellow, green, blue, and violet; ...

• (e) bearing the device of any one of the following award schemes—

• (i) Eco-Schools;

• (ii) the Queen’s Awards for Enterprise; or

• (iii) Investors in People or

• (f) bearing the device of the NHS.

• (3) No advertisement shall be displayed at the same time as an advertisement of the description set out in paragraph 7A.