Breach of Advertisement Consent Condition

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

R B C, modified 8 Years ago.

Breach of Advertisement Consent Condition

New Member Posts: 3 Join Date: 01/10/15 Recent Posts

Hello. If Advertisement Consent has been granted for the display of an advert, and it was subject to conditions (limiting illumination of the sign in this case), what is the correct procedure for taking enforcement action against a breach of those conditions - would you need to serve a Breach of Condition Notice, or would it just be a straightforward case of prosecuting the persons responsible for the display of an unauthorised advertisement?

As advertisement consent is granted under separate legislation to planning permission, I assume that Breach of Condition / Enforcement Notices (which would be used against 'normal' unauthorised development) may not be appropriate for advertisements in breach of their conditions?

Many thanks in advance for any guidance on this.

advertisement condition breach

Former Member, modified 8 Years ago.

RE: Breach of Advertisement Consent Condition (Answer)

The Advertisement Regulations are derived from s220 of The Town and Country Planning Act 1990.

s224 (2) of that Act states

224 Enforcement of control as to advertisements.

(2) For that purpose the regulations may apply any of the provisions of Part VII with respect
to enforcement notices or the provisions of section 186, subject to such adaptations and
modifications as may be specified in the regulations.

Part VII of the Act deals with enforcement and the powers to serve enforcement, stop, temporary stop and breach of condition notices.

It would only be committing an offence if it was displayed in contravention of the Advertisement Regulations. If it is being displayed with express consent subject to conditions, then it would not be committing an offence and a breach of condition notice/enforcement notice would be the correct approach to take.

R B C, modified 8 Years ago.

RE: Breach of Advertisement Consent Condition

New Member Posts: 3 Join Date: 01/10/15 Recent Posts

Thank you both very much for your advice, that has helped clarify the matter.

Former Member, modified 8 Years ago.

RE: Breach of Advertisement Consent Condition (Answer)

I would agree, you can serve a breach of condition notice; however, regardless of the breach of condition, if the advertisement displayed is materially different in terms of its impact upon amenity or public safety compared the advertisement granted advertisement consent, I believe you would be able to argue that the advertisement dislayed is unauthorised and that a offence is being committed.

There may be similar discussion on the NAPE discussion forum, accessed through the RTPI website: http://www.rtpi.org.uk/knowledge/networks/planning-enforcement-(nape)/join-nape/