Pictorial Swing signs for public houses - Public forum - Planning Advisory Service (PAS)
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Pictorial Swing signs for public houses
Jamie Baker, modified 12 Years ago.
Pictorial Swing signs for public houses
New Member Posts: 4 Join Date: 12/08/13 Recent Posts
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Dear All, this may be a regular topic for discussion, but was wondering if you are able to help me. Currently dealing with a public house who is displaying illegal advertising, which as highway authority we are dealing with under S.132 Highways Act 1980. However, the complainant also refers to the pictorial swing sign which is on highway. I understand that signage of this nature falls under Class 2(c). However was wondering, given the history of the public house pictorial, does this get deemed consent? Is there any legislation that protects these forms of advertising given their inception from Roman times?
Jamie. Class 2C only permits the display of an advert on the premises. this would include the building, and unbuilt land associated with the building (i.e. its curtliage). It could also extend to any boundary walls or gate piers ... but not to the adjacant highway. As you have said that the swinging sign is on the highway Class 2C would not be relevant. Notwithstanding that, is the sign in any way harmful to amenity or public safety? If not why would you want to take action? I'm always interested in anything related to adverts ... could you e-mail me a photograph? My e-mail address is mh@mhplanning.co.uk
Complainants should have to pay a fee as they often do with the investigation of 'high hedges'. That would cut down your workload and let you find something useful to do.
2 points: If the sign has been displayed for more than 10 years (even intermittently) it could benefiit from deemed consent under Class 13, regardless of compliance or otherwise with any limitation of any other class However, any consent (including deemed) is subject to the standard conditions in Sched 2, the first of which requires consent of the landowner or other such person entitled to give consent. If the sign is within the highway then that is the consent of the LHA - iff KCC does not give consent, then the deemed consent falls. Dean