Advertisement Consent for the Local Authority's own signs/adverts

Planning Advisory Service (PAS)

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

Former Member, modified 10 Years ago.

Advertisement Consent for the Local Authority's own signs/adverts

We have a query on whether signs on a roundabout containing council information and logo would fall under 'deemed consent' sections 1 A and 1B in the advert regs under schedule 3?

1B states that 'An advertisement displayed by a local planning authority on land in its area does not require consent' - we are arguing that the adverts do not belong to the planning authority, but rather adult services.

our argument is that advert consent is required because the adverts do not fit in any of the categories covered by the regs.

Class 1 states that the advert must be a 'functional advertisement of government departments and their agencies, local authorites, public transport undertakers, statutory undertakers and transport for London' we dont believe the adverts to be functional to the council, they are not directional in any way, or advertising an event, or have any highway traffic association

We are confident that inviting an application would be the way forward for these adverts, has anyone else had dealings with the same thing? or are other councils automatically applying for consent? or just covering themselves under Class 1, 1B?

Thanks

enforcement consent

Former Member, modified 10 Years ago.

Advertisement Consent for the Local Authority's own signs/adverts

In relation to class 1B I don't think your distinction between departments within a council is appropriate: see section 1 of the Town and Country Planning Act 1990, which says "the council of a district is the district planning authority for the district". I consider it is the council as a whole that is the local planning authority and not simply the planning department.

In relation to class 1A, it is the full description of the class that is determinative and not simply saying an advert isn't "functional":

"An advertisement displayed wholly for the purpose of announcement or direction in relation to any of the functions of a government department, an agency of a government department, a local authority or Transport for London, or to the operation of a statutory undertaking or a public transport undertaking, which—
    (a)     is reasonably required to be displayed for the safe or efficient performance of those functions, or operation of that undertaking, and
    (b)     cannot be displayed by virtue of any other specified class."