Adverts requiring planning permission
You usually need consent for virtually all hoardings, illuminated signs out the deemed consent allowances, facia signs and projecting signs on shop-fronts or business premises which are higher than 4.6m above ground level and most advertisements on gable ends. You also need permission for signs advertising goods not sold at the premises where the sign is situated.
How to apply for advertisement consent
To apply you need to complete the application form, prepare plans and drawings to say what form the advertisements will take and show exactly where the site will be. Pay the fee for the application. Then send in all three to the Council.
How your application for consent is decided
Your application will be dealt with in 8 weeks and will be subject to the normal Planning and Building Control procedures for planning applications. When considering applications, the Council takes into account aspects of 'amenity' and 'public safety'. Some advice on this is in Planning Policy Guidance Note 19 (Planning Portal).
Amenity usually means the effect an advertisement has on the immediate neighbourhood. For example, if an advertisement is visually dominating a group of 'listed' buildings or a residential area it would be refused. But where there are large buildings and main highways, for example in industrial or commercial areas, the Council may grant consent for a large hoarding which might not look out of place.
Amenity considerations do not include content, subject matter, or public decency. These factors are controlled by a voluntary 'code of conduct' supervised by the Advertising Standards Authority.
Public safety means the safety of road traffic, other modes of transport or pedestrians. The Council assesses likely effects on driver behaviour and confusion with traffic signs or signals. The Council knows that advertisements are intended to attract people's attention, so signs would not automatically be regarded as a distraction to road users. However, what really matters is whether a sign is so distracting or confusing that it creates a danger.
What happens after the authority's decision?
Approvals for advertisements are usually temporary for five years but the Council can grant consent for a longer or shorter period so check the decision notice. Unless the Council have imposed a condition that your advertisement must be removed after your consent expires you may continue to display it without a further application unless the Council takes discontinuance action against it.
What happens if the planning authority refuse consent?
If the Council refuse your application or impose a condition you do not like you have right to appeal. You can also appeal we fail to give a decision within eight weeks. But you can not appeal if we have treated your application as "withdrawn" because it is the same as one refused at appeal within the preceding two years. This is a specific provision in the regulations.
How and when you can appeal to the Secretary of State?
If you wish to appeal you must contact the Planning Inspectorate. The best way to appeal a to complete the official advertisement appeal form which is available from them and which explains the procedure. You must appeal within eight weeks of the decision notification and the appeal decision is usually final.