Planning Matters - New Guides now available

The new BSGA technical guides cover PLANNING are now complete. Members can find and download them in the Members Area. Guideline K 1.1 covers planning matters in England., Guideline K 1.2 covers planning matters in Wales.

THE CONTROL OF ADVERTISING REGULATIONS

The various regulations relating to the control of advertisements, which apply in the four countries of the United
Kingdom, form part of the planning control system.

Responsibility for the day-to-day operation of the advertisement control system rests with: England, Scotland and Wales * - In general local planning authorities, normally the City, District or Borough Council, or the London Borough Council, in the Greater London area, are responsible.

Northern Ireland - The Planning Service, which is an agency within the Department of the Environment,
administers planning functions.

* There are however exceptions to this general rule, when the advertisement is to be displayed in any National Park, within the Broads or within an urban development area.

If the planning authority refuses consent for an advertisement, or grants consent subject to conditions, or requires the removal of an existing lawful advertisement, there is a right to appeal against their decision. In England, this appeal is to the Secretary of State for Communities and Local Government. In Scotland, it is to the Minister for Planning within the Scottish Government. In Wales, it is to the Minister for Planning in the Welsh Assembly. In Northern Ireland, it is to the Planning Appeals Commission within the Northern Ireland Office Planning Service.

There are three different groups of outdoor advertisements.
These are:

advertisements which the rules exclude from the planning authority’s direct control

advertisements for which the rules give a ‘deemed consent’ so that the planning authority’s consent is not needed, provided your advertisement is within the rules

advertisements for which the planning authority’s ‘express consent’ is always needed

The advertisement control system covers a wide range of advertisements and signs, which include:

posters and notices

placards and boards

fascia, projecting, pole and canopy signs

models and devices

advance and directional signs

estate agents’ boards

captive balloon advertising (not balloons in flight)

flag advertisements

price markers and price displays

traffic signs

town and village name-signs

All outdoor advertisements must comply with the following five ‘standard conditions’, whether they require the planning authority’s express consent or not.
They must:

be kept clean and tidy

be kept in a safe condition

have the permission of the owner of the site on which they are displayed (this includes the Highway Authority if the sign is to be placed on highway land)

not obscure, or hinder the interpretation of official road, rail, waterway or aircraft signs, or otherwise make hazardous the use of these types of transport

be removed carefully where so required by the planning authority

The Regulations themselves are the definitive documents. However, as is often the case, they do not make easy reading and other documents such as Outdoor Advertisements and Signs: a guide for advertisers, published by the Department of Communities and Local Government (DCLG), may be more useful for people who need to apply the regulations.

The BSGA have published two Technical Guidelines for members, K1.1 and K1.2, detailing the Control of Advertisements Regulations for England and Wales respectively.

These can be downloaded in pdf format from the Members Area of the BSGA website www.bsga.co.uk