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

• “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

[^f00001]: 1990 c. 8.

[^f00002]: 2000 c. 37.

[^f00003]: 2000 c. 7.

[^f00004]: 2003 c. 21. As to “the electronic communications code”, see section 106 of the Communications Act 2003 (“the 2003 Act”) and Schedule 2 to the Telecommunications Act 1984 (c. 12). As to “electronic communications network”, see the definition of that expression in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, inserted by the 2003 Act, Schedule 3, paragraph 2(2). See also section 32(1) of the 2003 Act. As to “OFCOM”, see the definition in section 405(1) of the 2003 Act.

[^f00005]: 1980 c. 66.

[^f00006]: 1949 c. 37.

[^f00007]: Subsection (3) was amended by section 76(7) of the Utilities Act 2000 (c. 27), the Transport Act 2000 (c. 38), Sch. 5, para 6, S.I. 1996/593, and S.I. 2001/1149.

[^f00008]: 1994 c. 38.

[^f00009]: 1993 c. 43.

[^f00010]: 1984 c. 27.

[^f00011]: 1971 c. 80.

[^f00012]: 1980 c. 65.

[^f00013]: See also regulation 22 as to electronic communications.

[^f00014]: In section 79, subsection (6A) was inserted by section 18 of the Planning and Compensation Act 1991(c. 34).

[^f00015]: See also regulation 22 as to electronic communications.

[^f00016]: 2003 c. 21.

[^f00017]: See section 53 of the Anti-social Behaviour Act 2003 (c. 38).

[^f00018]: As to application to the Crown, see Part 7 of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00019]: S.I. 1992/666, amended by S.I. 1994/2351 and 1999/1810.

[^f00020]: 2000 c. 41.

[^f00021]: See the definition in regulation 2(1).

[^f00022]: See paragraph 3 of Part 2 of this Schedule.

[^f00023]: See paragraph 3 of Part 2 of this Schedule.

[^f00024]: For definitions relevant to this Class see paragraph 4 of Part 2 of this Schedule.

[^f00025]: 1980 c. 66. Section 115E was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 5, Part 1, para 1.

[^f00026]: See paragraph 5 of Part 2 of this Schedule as to “the site” for the purposes of this Class.

[^f00027]: 1984 c. 12. The definition was inserted by the Communications Act 2003 (c. 21), Schedule 3, paragraph 2(2).

[^f00028]: 2003 c. 21. As to “the electronic communications code”, see section 106 of the Communications Act 2003 (“the 2003 Act”) and Schedule 2 to the Telecommunications Act 1984 (c. 12). As to “electronic communications network”, see the definition of that expression in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, inserted by the 2003 Act, Schedule 3, paragraph 2(2). See also section 32(1) of the 2003 Act. As to “OFCOM”, see the definition in section 405(1) of the 2003 Act.

[^f00029]: See paragraph 17(1) and (2) of Schedule 18 to the Communications Act 2003.

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

[^c18473011]: 1990 c. 8.

[^c18473021]: 2000 c. 37.

[^c18473031]: 2000 c. 7.

[^c18473041]: 2003 c. 21. As to “the electronic communications code”, see section 106 of the Communications Act 2003 (“the 2003 Act”) and Schedule 2 to the Telecommunications Act 1984 (c. 12). As to “electronic communications network”, see the definition of that expression in paragraph 1(1) of Schedule 2 to the Telecommunications Act 1984, inserted by the 2003 Act, Schedule 3, paragraph 2(2). See also section 32(1) of the 2003 Act. As to “OFCOM”, see the definition in section 405(1) of the 2003 Act.

[^c18473051]: 1980 c. 66.

[^c18473061]: 1949 c. 37.

[^c18473071]: Subsection (3) was amended by section 76(7) of the Utilities Act 2000 (c. 27), the Transport Act 2000 (c. 38), Sch. 5, para 6, S.I. 1996/593, and S.I. 2001/1149.

[^c18473081]: 1994 c. 38.

[^c18473091]: 1993 c. 43.

[^c18473101]: 1984 c. 27.

[^c18473111]: 1971 c. 80.

[^c18473121]: 1980 c. 65.

[^c18473131]: See also regulation 22 as to electronic communications.

[^c18473141]: In section 79, subsection (6A) was inserted by section 18 of the Planning and Compensation Act 1991(c. 34).

[^c18473151]: See also regulation 22 as to electronic communications.

[^c18473161]: 2003 c. 21.

[^c18473171]: See section 53 of the Anti-social Behaviour Act 2003 (c. 38).

[^c18473181]: As to application to the Crown, see Part 7 of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^c18473191]: S.I. 1992/666, amended by S.I. 1994/2351 and 1999/1810.

[^c18473201]: 2000 c. 41.

[^c18473211]: See the definition in regulation 2(1).

[^c18473221]: See paragraph 3 of Part 2 of this Schedule.

[^c18473231]: See paragraph 3 of Part 2 of this Schedule.

[^c18473241]: For definitions relevant to this Class see paragraph 4 of Part 2 of this Schedule.

[^c18473251]: 1980 c. 66. Section 115E was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Sch. 5, Part 1, para 1.

[^c18473261]: See paragraph 5 of Part 2 of this Schedule as to “the site” for the purposes of this Class.

[^key-0e1d432c65f066d115da966ed9e30490]: Words in reg. 6(1) inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(2)

[^key-223d94a6bd035583aff35209756424f5]: Words in Sch. 4 Pt. 4 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(4)(b) (with reg. 5(4))

[^key-274c2e87b46b6b653838c4d50bc1b4ea]: Word in Sch. 3 Pt. 1 Class 7 para. 7AB(2) omitted (24.6.2021) by virtue of The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(c)(i)

[^key-34f0e41344afd95e7fc386590ec21c63]: Words in Sch. 3 Pt. 1 Class 7 para. 7AB(3) inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(4)(c)

[^key-3ac076834ecaef7d9e14f948ba9ade25]: Words in Sch. 4 Pt. 4 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(4)(d) (with reg. 5(4))

[^key-3badcd504fb706767f281552834609f2]: Words in Sch. 3 Pt. 2 para. 1(1) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 24(a)

[^key-471fe2473d4d5ba0a474477fcd3edbf7]: Sch. 3 Pt. 1 Class 7 paras. 7AA-7AD inserted (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(3)(e)

[^key-4744393c3e092d974e1d708a39e84860]: Reg. 4 excluded (2.2.2016) by The East Midlands Gateway Rail Freight Interchange and Highway Order 2016 (S.I. 2016/17), arts. 1, 8(3) (with art. 8(4))

[^key-574276dce56aa6c48850e2b8f0d93e26]: Sch. 1 Class H paras. 1, 1A substituted for Sch. 1 Class H para. 1 (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(3)

[^key-58f4bfa88cee1c6b67db8f1d8e007b69]: Words in Sch. 4 Pt. 4 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(4)(a) (with reg. 5(4))

[^key-5d1619940cbbe40d9b93ca8d61615131]: Words in Sch. 4 Pt. 4 omitted (1.10.2013) by virtue of The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(5) with reg. 5(4))

[^key-5d552849188cc2008394cf8c53dadfa7]: Words in Sch. 1 Class E revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))

[^key-606a9ce785ff62f1f315da23dbb96bc1]: Regulations applied (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 14

[^key-775424f4507e11395a69826e8dfe50d0]: Sch. 1 Class H entry substituted (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(2)

[^key-7eb31d626fefbc246fb4491d76505fc2]: Words in Sch. 3 Pt. 1 Class 7 para. 7AA(5) substituted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(4)(b)

[^key-9025d4bfd18d5b7d5ce26662514b9248]: Word in Sch. 3 Pt. 1Class 7 para. 7AA(2)(d) omitted (24.6.2021) by virtue of The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(b)(i)

[^key-9094c2d0116060b4c4e8220cfed8e163]: Sch. 3 Pt. 1 Class 7 para. 7AB(2)(f) and word inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(c)(ii)

[^key-90bdf57566081bd5e2c1469589f42f66]: Words in Sch. 3 Pt. 2 omitted (25.5.2019) by virtue of The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 17(3)

[^key-94635ccb8295a7c424235eea574e338d]: Words in Sch. 3 Pt. 2 para. 1(1) inserted (1.8.2020) by The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (S.I. 2020/632), regs. 1(2), 24(b)

[^key-a0d709263189cefec8364d9fb24029fb]: Sch. 3 Pt. 1 Class 17 inserted (2.10.2011) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2011 (S.I. 2011/2057), regs. 1(1), 2(3)

[^key-a662984416785b7e35834bd74483448a]: Sch. 3 Pt. 1 Class 12 para. 12 substituted (1.10.2011) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2011 (S.I. 2011/2057), regs. 1(1), 2(2)

[^key-a8c6da5becd105d31123978af51bdb5f]: Reg. 4 excluded (25.5.2020) by The West Midlands Rail Freight Interchange Order 2020 (S.I. 2020/511), arts. 1, 44(4) (with art. 44(8))

[^key-abbe8e800da274faa2a26fc87867a4df]: Sch. 3 Pt. 1 Class 7 para. 7AA(2)(f) and word inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(b)(ii)

[^key-acb530415e7a35ced80f48cbae0cbc1e]: Words in Sch. 4 Pt. 4 omitted (1.10.2013) by virtue of The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(4)(c) (with reg. 5(4))

[^key-be0a2a79dce51a21fa8d4534c7be90d6]: Words in Sch. 3 Pt. 1 Class 10 substituted (16.1.2012) by The Local Policing Bodies (Consequential Amendments) Regulations 2011 (S.I. 2011/3058), regs. 1(2), 23(2)

[^key-be9f919278f461ba87b33cf9280bd9f8]: Words in Sch. 1 Class H para (b) omitted (24.6.2021) by virtue of The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 4

[^key-c13342073848d8c272ad727fe0031d0e]: Reg. 4 excluded (30.10.2019) by The Northampton Gateway Rail Freight Interchange Order 2019 (S.I. 2019/1358), arts. 1, 45(4) (with art. 45(7), Sch. 13 Pt. 1 para. 19)

[^key-c54e20d41a594c085e9a2237d9299c1d]: Words in reg. 13(1)(c) substituted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 39

[^key-ca8b9d26ba7c3904f23d6e55fcde7d67]: Reg. 1(3)(d) inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(1)

[^key-d7f710f3f18432428ae0812f168922a1]: Sch. 3 Pt. 1 Class 7 para. 7A(1)(f) and word inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(a)(ii)

[^key-e1892321972cb5f31d9b4a5658b5166b]: Word in Sch. 3 Pt.1 Class 7 para. 7A(1)(d) omitted (24.6.2021) by virtue of The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 5(a)(i)

[^key-e6c5553d6ab5b652417c6114136919f3]: Sch. 3 Pt. 1 Class 16 omitted (25.5.2019) by virtue of The Town and Country Planning (Permitted Development, Advertisement and Compensation Amendments) (England) Regulations 2019 (S.I. 2019/907), regs. 1(2), 17(2)

[^key-e8f9957e8ed8e63d9d7b939d7783cabd]: Pt. 4A inserted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 3

[^key-f93fd736186286b35b7122817b94b41a]: Words in Sch. 3 Pt. 1 Class 7 para. 7A(5) substituted (24.6.2021) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2021 (S.I. 2021/617), regs. 1(2), 6(4)(a)

[^M_C_4df1d577-7e28-48b6-dc90-fb00153d8602]: Regulations applied (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 83(1)

[^M_F_2787ba79-f0e5-487f-e196-a1507fe256ca]: Word in Sch. 4 Pt. 3 para. 1(e) inserted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(2)(c) (with reg. 5(4))

[^M_F_3330add3-bb11-4dac-93d9-2a60eca38a9e]: Words in Sch. 4 Pt. 5 para. 1 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(a) (with reg. 5(4))

[^M_F_3e122098-37fb-4e49-8b41-6d8934a23ee3]: Sch. 3 Pt. 1 Class 7 para. 7A(1)(c)-(e) inserted (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(3)(c)

[^M_F_4aef780e-7780-43f4-ec65-d5c4d1585de2]: Words in Sch. 4 Pt. 3 para. 1(c) substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(2)(a)(ii) (with reg. 5(4))

[^M_F_4bdbbe75-270b-4207-c57a-a9fede6bcd84]: Sch. 3 Pt. 1 Class 7 para. 7A(2)-(5) substituted for Sch. 3 Pt. 1 Class 7 para. 7A(2) (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(3)(d)

[^M_F_737b5135-a602-4bab-cd4a-eff3d654b370]: Word in Sch. 3 Pt. 1 Class 7 para. 7A(1)(a) revoked (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(3)(a)

[^M_F_8039a162-9e17-4505-b52e-05637abea5f1]: Words in Sch. 4 Pt. 5 para. 2 inserted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(7) (with reg. 5(4))

[^M_F_9a3f1cf2-5ba5-4f87-cd93-38b92364381b]: Words in Sch. 4 Pt. 3 para. 2(b) substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(3) (with reg. 5(4))

[^M_F_a18127dd-a00d-4488-cbf9-9d1eca6f7414]: Sch. 3 Pt. 1 Class 5 condition (6) substituted (20.7.2007) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007 (S.I. 2007/1739), regs. 1(2), 2(a)

[^M_F_b889711d-e3a5-4e78-f15e-c89f55633297]: Sch. 4 Pt. 3 para. 1(d)(da) substituted for Sch. 4 Pt. 3 para. 1(d) (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(2)(b) (with reg. 5(4))

[^M_F_bf741902-6725-4e99-93f9-78446a06fb46]: Sch. 4 Pt. 1 substituted (20.7.2007) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007 (S.I. 2007/1739), regs. 1(2), 2(b), Sch.

[^M_F_c7b68220-1497-4712-93fe-8e7f3d9ab2c0]: Words in Sch. 3 Pt. 1 Class 7 para. 7A(1)(b) substituted (12.10.2012) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 (S.I. 2012/2372), regs. 1(1), 2(3)(b)

[^M_F_cb143bb6-563a-4881-cc2e-f8bba5dd9c6d]: Words in Sch. 4 Pt. 3 para. 1(c) substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(2)(a)(i) (with reg. 5(4))

[^M_F_e2db825d-fbed-4be4-af45-2265566af27d]: Sch. 4 Pt. 2 substituted (20.7.2007) by The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2007 (S.I. 2007/1739), regs. 1(2), 2(b), Sch.

[^M_F_ed7734ef-8069-43a8-cf4f-0a5e80158963]: Words in Sch. 4 Pt. 5 para. 1 omitted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(c) (with reg. 5(4))

[^M_F_f4556287-ed3d-40ad-dd89-1c919fe8786f]: Words in Sch. 4 Pt. 5 para. 1 substituted (1.10.2013) by The Town and Country Planning (Appeals) (Written Representations Procedure and Advertisements) (England) (Amendment) Regulations 2013 (S.I. 2013/2114), regs. 1(1), 3(6)(b) (with reg. 5(4))

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.

• (4) No advertisement shall be displayed at the same time as two advertisements of the description set out in paragraph 7AB (but an advertisement may be displayed at the same time as one advertisement of the description set out in paragraph 7AB).

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

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

7AB

An advertisement in the form of a flag attached to a single flagstaff erected on a site within the curtilage of a building.

7AB

• (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) Subject to Part 4A Not more than two advertisements may be displayed or not more than one at the same time as an advertisement of the description set out in paragraph 7A or paragraph 7AA.

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

7AC

An advertisement in the form of a flag attached to a single flagstaff erected on a site which forms part of a beach or marina.

7AC

No advertisement is permitted other than one bearing the device of the Blue Flag award scheme.

7AD

An advertisement in the form of a flag attached to a single flagstaff erected on a site which forms part of a park, garden or other green space.

7AD

No advertisement is permitted other than one bearing the device of the Green Flag Award scheme or the Green Flag Community Award scheme.

Part 4A — Flags

Limitation on number of flags on flagstaff

21A

• (1) Subject to the provisions of this Part no flagstaff may display more than 1 flag.

• (2) Subject to the conditions set out in regulation 21B, a flagstaff may display 2 of the flags mentioned in paragraph (3).

• (3) For the purposes of paragraph (2), the flags are—

• (a) a flag mentioned in paragraphs (a) to (i) of column (1) in Class H in Schedule 1 (a “Schedule 1 flag”);

• (b) a flag mentioned in paragraph 7A, 7AA or 7AB in Class 7 in Schedule 3 (a “Schedule 3 flag”).

Two flags: conditions of display

21B

• (1) Where a flagstaff displays two flags one of which is a Schedule 1 flag (within the meaning given in regulation 21A) and the other of which is a Schedule 3 flag (within the meaning given in that regulation) the Schedule 1 flag must be flown in a superior position to the Schedule 3 flag.

• (2) Where a flagstaff displays 2 Schedule 1 flags one of which is the Union flag, the Union flag must be flown in a superior position to the other flag.

• (3) No flagstaff may display more than one Schedule 3 flag.

1A

Subject to Part 4A, the flagstaff may not fly any flag or display any advertisement other than a black mourning ribbon.