Displaying Advertisements - Do I Need Consent?

Introduction

Planning controls over outdoor advertisements and signs are contained in the Town and Country Planning (Control of Advertisements) Regulations 1992-1994.

This guide provides an outline of these Regulations and gives general advice on how to submit an application for consent to display an advertisement.

An Outline Of The Regulations

The Control of Advertisements Regulations is divided into five parts. Their main purpose is that they: -

• Give the Council powers to control the display of outdoor advertisements and signs, in the interests of amenity and public safety.
• Require that "express consent", by application, shall be obtained from the Council to display an advertisement or sign (except where its display is permitted in Regulation 6 to these Regulations - known as "deemed consent").
• Grant "deemed consent" for 14 Classes of advertisement (which may be displayed without requiring the Council's consent) provided that the limitations and conditions as stipulated in Schedule 3 of Regulation 6 are met.
• Make it an offence to display an advertisement without express consent granted on an application, where such consent is required.
• Give the Council powers to require the discontinuance of an advertisement being displayed with deemed consent, if such action is considered necessary to remedy a substantial injury to amenity or danger to the public.
• Provide for the designation of Areas of Special Control, within which tighter controls exist over signs which may be displayed with deemed consent.

Types of Advertisement

There are eleven basic types of "advertisement", which fall within the scope of the Town and Country Planning (Control of Advertisements) Regulations. These are: -

• posters, notices, placards and boards
• fascia signs, projecting signs and other wall mounted signs
• canopy signs, pole signs and other free-standing "forecourt" signs
• models and devices
• advance signs and drectional signs
• estate agents' boards
• captive balloon advertisements
• flag advertisements
• price markers and price displays
• traffic signs
• town and village name signs

If you are proposing to display any of the above types of advertisements on land or on a building, you may require the Council's consent to do so. You are advised, therefore, to consult with the Development Control Group before proceeding further.

The Standard Conditions

All outdoor advertisements must comply with five "standard" conditions. They must: -

• be kept clean and tidy
• be kept in a safe condition
• have the permission of the owner of the sight 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

Making An Application

Applications for consent to display an advertisement are made to the Council on an application form, which deals specifically with this type of proposal. Our application form has a simplified format and has been 'Crystal Marked' by the Plain English Campaign.

Prior to making an application you should establish whether or not you require express consent under the Advertisement Regulations. Informal advice can often be obtained by telephoning staff in the Development Control Group or by enquiring at the reception desk of the Planning Section. It is often advisable to get written confirmation, which can also be obtained if you forward details of your proposal in writing. We usually ask you to do this in order that we may give a more informed answer.

Informal Planning Advice

Officers can, if required, give informal advice on the likelihood of consent being granted, although this will always be without prejudice to the final decision should an application be made. This is because there are many factors to be taken into account when an application is considered and many people become involved in each stage of the application up until a decision is made. We have a duty to publicise all applications so that members of the public have an opportunity to comment. Applications are therefore considered on their individual merits.

Planning Policies

Applications are considered having regard to a number of environmental/design policies of the adopted Worthing Local Plan. Basically, these require that the display of outdoor advertisements should relate sympathetically in design, proportion and detailing, colour and materials with the building or land on which they are displayed and with the area concerned.

Within Conservation Areas, new or replacement signs should also respect the architectural or historic features of the building in order to preserve or enhance the character and appearance of the Conservation Area concerned.

Many of the proposals received by the Council for displaying outdoor advertisements and signs are in the form of fascia signs and projecting signs on shop premises. The Central Shopping Area of the town, including Montague Street, South Street, Warwick Street and Chapel Road are located within Conservation Areas, where the Council will require particularly high standards of care in the design of advertisements so that they make a positive contribution to the character and appearance of the area.

Making A Decision

The application where it is required will be decided in one of two ways. These are: -

Delegated Decision

The majority of applications for advertisement consent are non-controversial and are decided in this way. These applications are determined by the Assistant Director (Planning Services).

The Development Control Committee

This decision is made by the elected Members of the Committee, which sits every three weeks. Advertisement applications decided by the Committee are usually those that are contentious or have objections raised from various sources, including members of the public. The Assistant Director (Planning Services) prepares a report for the Committee which is normally available five working days before the meeting and may be inspected by anyone. The Committee also has a video presentation which includes views of the site and its immediate surroundings. Anyone may attend the Committee meetings and listen to the debate, but they are not permitted to speak.

Once the application is decided a decision notice is produced (usually within 2 days), which is sent to the applicant, or agent, as appropriate.

If your application is approved but you are concerned about one or more of the conditions on the consent, or if your application is refused, you have a right of appeal to the Planning Inspectorate. Advice on how and when to appeal is included in the decision notice and you can also refer to our leaflet Should I Appeal? A Summary of the Process. If you intend to appeal, it is advisable to speak to the Planning Officer beforehand in case there is a way to resolve the problem. This would not prejudice your rights on the appeal.

There is a limited time period for appealing of eight weeks against a refusal or condition of advertisement consent

Setting Ourselves Standards

We have an adopted Code of Practice for Processing Planning Applications, a copy of which is also available on request at our Reception Desk. This sets targets for the Council to meet. We also have an adopted Code of Practice for the Publicity of Planning Applications. This advises how and under what circumstances we will notify the public. We generally publicise beyond the minimum statutory requirements. Again a copy is available from our Reception Desk.

Notes

This advice note only relates to Advertisement Consent applications. If your proposal would involve other alterations that would materially affect the appearance of a building, you will require planning permission under a separate application. In addition, if the proposal affects a Listed Building, you will need to submit a separate application for Listed Building Consent. If in doubt, please contact the Development Control Group

Similarly, for certain works you may require Building Regulations approval, which is separate from Planning Control. For further advice, please contact us.

THIS ADVICE IS AVAILABLE AS A LARGE PRINT LEAFLET

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