Advertisement Guidance Document

Advertisement Guidance Document


Contents Pages 1.0 Introduction 1 2.0 Legislation and Control 2 3.0 Policy and Guidance 3-17 (a) Traffic, Tourism and Advance Sign 4-6 (b) Poster Hoarding Sites 6-7 (c) Flag Advertisement 8-9 (d) Banners 9 (e) Signs on Business Park 10 (f) Petrol Filling Station Signs 11 (g) Public House, Restaurant and Hotel Signs 11-12 (h) Advertisements in Shopping Areas 12-17 4.0 Areas of Special Control 18 5.0 Advertisements in Conservation Areas 19-20 6.0 Control of Advertisements – Enforcement 21-27 7.0 Appendices Appendix A Summary of Schedule 1 of the Town and Country Planning

(Control of Advertisements) Regulations 2007 Appendix B Summary of Schedule 3 of the Town and Country Planning

(Control of Advertisements) Regulations 2007 Appendix C Glossary of Terms Appendix D Schedule as General Guide to Advertisement Control


North West Leicestershire

North West Leicestershire district, as the name suggests, comprises the north-west part of the county of Leicestershire and is a mainly rural district, covering 27,900 hectares (108 square miles). The district shares borders with the counties of Derbyshire, Nottinghamshire, Staffordshire and Warwickshire. The district is close to, and has excellent road access with four major cities - Birmingham, Derby, Leicester and Nottingham - using the motorway network (M1 north/south and M42 south-west/north-east). However, there are no passenger rail services in the district. In the north of the district is the East Midlands Airport.

Most of the southern part of the district lies within the National Forest which spans three counties in the centre of England - Derbyshire, Leicestershire and Staffordshire, whilst the upland area of the Charnwood Forest lies in the south-east corner.

The population of the district was about 93,500 as at the 2011 Census. The principal town is Coalville and the other main settlements are Ashby de la Zouch, Castle Donington, Ibstock, Kegworth and Measham.


Advertisement Control Guidance

1.0 Introduction

1.1 The design and siting of advertisements or signs can have a significant impact in a particular locality.

Whilst now withdrawn the advice from government in Planning Policy Guidance Outdoor Advertisement Control (PPG19) of March 1992 is a useful guidance tool. It states that all advertisements affect the appearance of the building, structure or place where they are displayed, whilst the main purpose of the advertisement control system is to help everyone involved in the display of outdoor advertising to contribute positively to the appearance of an attractive and cared-for environment in towns and the countryside.

1.2 The National Planning Policy Framework (NPPF) forms current Government guidance

and reaffirms this advice at Chapter 67 stating that:-

‘Poorly placed advertisements can have a negative impact on the appearance of the built and natural environment. Control over outdoor advertisements should be efficient, effective and simple in concept and operation. Only those advertisements which will clearly have an appreciable impact on a building or on their surroundings should be subject to the local planning authority’s detailed assessment. Advertisements should be subject to control only in the interests of amenity and public safety, taking account of cumulative impacts.’

1.3 This document seeks to produce a single document addressing advertisement legislation, it is intended also to clarify the existing enforcement controls and powers of the Local Planning Authority together with giving advice as to what is likely to be acceptable advertising within the range of types of signs that are possible.

1.4 The following section briefly indicates the legislation relating to advertisements and explains the categories of advertisements contained within the Regulations. The advice and policy of the Local Planning Authority towards different categories of signs is contained in Section 3. Section 4 explains Areas of Special Control and what additional controls this involves, whilst Section 5 covers advertisements in Conservation Area. The powers of the Local Planning Authority to police unauthorised signs and/or seek the removal of unacceptable signs are specified in Section 6 together with penalties for their unauthorised display. Finally a schedule of general guidance for different types of signs together with acceptable forms of illumination can be found in the final appendices section together with a glossary of terms and a summary of Schedules 1 and 3 of the Regulations.

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2.0 Legislation and Control 2.1 The planning control of outdoor advertisements under statutory law is currently

provided by:- The Town and Country Planning Act 1990+ and The Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

2.2 This is further supplemented by Government guidance contained in the National

Planning Policy Framework and National Planning Practice Guidance. 2.3 The full definition of an ‘advertisement’ is given in Section 336 of the Town and

Country Planning Act 1990 (as amended by Section 24 of the Planning and Compensation Act 1991). Briefly an advertisement comprises any work, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, that is used wholly or partly for the purposes of advertisement, announcement or direction; also any hoarding or similar structure used, designed or adapted for the display of advertisements.

2.4 The majority of outdoor advertisements are within the control regime specified in the Town and Country Planning (Control of Advertisements) Regulations 2007. The Regulations enable local planning authorities to control advertisements where it is justified in the interests of “amenity” and “public safety”. There are three main categories of advertisements and these are referred to below.

2.5 One category comprises a range of advertisements which are exempt from control

subject to certain requirements and they may be displayed ‘’as of right”. These advertisements are referred to under Schedule 1 of the Regulations and involve nine classes A to I which include traffic signs, national flags, advertisements within buildings and Parliamentary and Local Government election signs. Detailed descriptions of each class, its conditions, limitations and interpretation can be found in the Regulations. Subject to the conditions being met those advertisements are excluded from the Local Planning Authority’s control. For information, the advertisement types are summarised in Appendix A.

2.6 The second category involves 16 separate classes of advertisement to which the rules give a “deemed consent” so that the Local Planning Authority’s further consent is not required subject to compliance with various conditions and limitations. These advertisements fall within Schedule 3 of the Regulations. For information, the advertisement types are summarised in Appendix B.

2.7 All advertisements which fall outside the deemed consent classes referred to in

Schedule 3 or which contravene the conditions and limitations imposed by Schedules 1 and 3 of the 2007 Regulations require the Local Planning Authority’s “express consent”. This forms the third category of advertisements. The variety of different advertisements and their acceptability will be addressed, in detail, in Section 3.


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3.0 Policy and Guidance

3.1 The background for the creation and interpretation of specific advertisement policies

lies within the Government guidance documents previously referred to. 3.2 Certain policies can indirectly have a role to play, for example countryside and

historical and architectural policies which require the strict and careful control of all development within the countryside and to safeguard the integrity and character of listed buildings and their settings and also to preserve and enhance the character and appearance of Conservation Areas.

3.3 Applications for advertisement consent are considered against the statutory

requirements of S.220 of the Town and Country Planning Act 1990 (as amended).

The Town and Country Planning (Control of Advertisements) (England) Regulations

2007 confirms that a local planning authority shall exercise its powers under these

Regulations in the interests of amenity and public safety, taking into account:

(a) the provisions of the development plan, so far as they are material; and

(b) any other relevant factor

North West Leicestershire will also give due consideration to the following:-

(i) National Planning Policy Framework

(ii) Adopted North West Leicestershire Local Plan (2002)

(iii) National Planning Practice Guidance – March 2014

The National Planning Policy Framework (Paragraph 215) indicates that due weight

should be given to relevant policies in existing development plans adopted before

2004 according to their degree of consistency with the Framework. The closer the

policies in the development plan to the policies in the Framework, the greater

weight they may be given. There are no saved policies in the adopted North West

Leicestershire Local Plan which relate to the display of advertisements.

3.4 The Local Planning Authority accepts that outdoor advertising is essential to commercial activity in a free and diverse economy. It also appreciates that an advertisement’s function is to attract the attention of passers-by in order to inform, guide or direct. Nevertheless, Government guidelines point out that all advertisements affect the appearance of the places where they are displayed and consequently the Local Planning Authority wishes to ensure that the cumulative effects of advertisements are not detrimental to the amenity and public safety of an area nor to the character and appearance of the towns, villages and countryside of the District.


3 3.5 The paragraphs that follow set out guidance and policy the Local Planning Authority

intends to operate in respect of various different categories of advertisements. (a) Traffic Tourism and Advance Signs

3.6 Official traffic signs can, in general, be sub-divided into a hierarchy of five groups:-

a) Motorway signs (blue background, white lettering) b) Primary route signs (green back ground, white lettering) c) Non primary/local route signs (white background, black lettering) d) Tourism signs on all routes including bypassed community signs (brown background, white lettering or symbol) e) Event signs erected and removed under the auspices of the AA or RAC All of the above types of signs are the responsibility of the relevant highway authority as they fall under the Traffic Signs Regulations and General Directions 1994 and thus do not require advertisement consent.

3.7 The white on brown signposting scheme for tourism sites is governed by regulations

laid down by the Department of Transport and is generally administered by the Local Highway Authority. Any enquiry for a tourism sign to direct people to an attraction/business or for the signing of a bypassed community should be directed to the Leicestershire County Council’s Planning and Transportation Department who are the Highway Authority for the area.

3.8 An applicant may not display a traffic sign if the County Highway Authority or

Department of Transport considers that it would be dangerous on traffic management grounds. The provision of tourist signing should be at the expense of the applicant and location of signs is at the sole discretion of the Highway Authority and there is no appeal on this matter.

3.9 Signs which fall beyond the powers of Traffic Sign Regulations are likely to fall within the ambit of the Town and Country Planning (Control of Advertisements) (England)


4 Regulations 2007. Advertisements within the confines of the highway are prohibited

and the County Highway Authority has powers under Section 132 of the Highway Act 1980 to remove signs within the highway. Exceptions to this are provided in Classes

9 to 11 of the 2007 Regulations (see Appendix B) which allow for limited types of advertisement on, or adjacent, to the highway.

3.10 The District Council recognise the need to advertise tourist facilities on site and also,

in exceptional circumstances, off site. However, the level of potential advance signing required to serve tourist facilities and businesses is one of major concern.

3.11 Although effective signposting is often a vital way of attracting potential customers

to facilities, thus benefiting the local economy, such signs can be obtrusive and detrimental to the visual amenity of an area, as well as detrimental to public safety, if poorly sited.

3.12 The provision of village services such as shops or public houses in villages; off major

routes but identified by highway signs, would not be expected to have separate advance directional signs.

3.13 Commercial or tourist related uses in rural areas are currently considered on their

merits with regard to both their impact on amenity and highway safety. A balance has to be struck between the need to safely direct the public to a site and the potentially detrimental cumulative impact such signs may have on attractive rural areas.

ADV/1 Within rural areas and particularly areas of special control any form of advance signing for sites will be strongly resisted to protect the visual amenity of such areas unless it is demonstrated that there is an overriding justification in terms of public safety or tourism. Where the latter are considered to be the case any sign must meet the following criteria:

a) Any sign should be clear and simple to understand, as small

as possible while still being readable from a safe distance and sited to limit its visual impact. Signs should be directional only and should not include promotional information.

b) The siting of any sign should not result in highway danger c) No advance sign shall be illuminated.


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3.14 There are occasions when commercial and tourist uses are located along important traffic routes and rely heavily on trade from passing car-borne traffic. In such circumstances, signs displayed on the site itself are normally adequate as a means of advertising. The Council recognises, however, that in exceptional circumstances it may be appropriate to give drivers advance warning of sites in the interests of highway safety.

3.15 The provision of advance signs within urban areas is considered unnecessary as there

are street names and other landmarks to navigate by as well as local street maps. The Highway Authority already strictly controls the level of appropriate signposting on its various structures in urban areas and further advance signs would merely add to the urban clutter.

(b) Poster Hoarding Signs

3.16 The term ‘poster hoarding’ in this instance relates to a variety of sizes of both

hoardings and poster panels which in the majority of cases, require express consent from the Local Planning Authority. Class 8 of Schedule 3 of the 2007 Regulations allows for limited temporary display of hoardings around construction sites subject to conditions of size and period of display.

3.17 There are various sizes of hoardings ranging from the smallest “4-sheet” size which measures approximately 1 m x 1.5 m to the “96-sheet” hoarding which is approximately 12 m x 3m. The most popular size within an urban environment is the 48-sheet hoarding (about 6 m x 3 m).

3.18 Advertisement hoardings, due to their size and location, can have a major impact on

the local environment. The District Council is unlikely to view favourably the provision of any hoarding within the open countryside, villages, predominately residential areas within towns, or affecting the setting of listed buildings or conservation areas. Additionally sites which are viewed from parks and other open space need careful assessment to ensure the pastoral character is not eroded.


6 3.19 The majority of hoardings already displayed within the district are found in the main

urban centres.

ADV/2 The Display of Advertisement Hoardings will be strictly controlled in the interests of Amenity and Public Safety and will not normally be allowed in the following areas:-

a) Open countryside b) Villages c) Conservation areas and adjacent land d) On listed buildings, within their curtilages and on adjacent

land e) In predominantly residential areas or where they directly

face residential properties f) On and alongside retail frontages g) On sites which are visible from parks, public open space and

open countryside 3.20 In mixed commercial and residential areas more care is required over the siting of

advertisement hoardings than if it were a purely commercial area in order to protect the amenities of the local residents. Consequently such hoardings should relate to their surroundings and not be visually intrusive. If a hoarding is free standing the land around it should also be satisfactorily maintained to prevent the site becoming an ‘eyesore’. Often hoardings are located on flank walls of properties and it is important that such advertisements are not over-dominant and do not obscure any architectural feature of the building.

ADV/3 Free standing hoardings in mixed areas or predominantly

commercial areas should relate to their surroundings and not be visually intrusive.

ADV/4 The display of hoardings or posters on gable walls of buildings in

predominantly commercial areas will only be acceptable if:

a) Positioned on the wall below eaves height b) They have an area of visible wall all around the hoarding c) They do not obscure any architectural feature of the building d) They are not detrimental to the visual amenity of the area 7


(c) Flag Advertisements

3.21 Flag advertisements are controlled by Class 7 of Schedule 3 of the Regulations. Class

7A allows for the display of a flag advertisement if attached to a single flagstaff projecting from the roof of a building. Flag advertisements are restricted to either

the company name or logo of the company or person occupying the building; or to advertising a specific event of limited duration such as a sale. No character or symbol on the flag may be more than 0.75m in height, or 0.3m in an Area of Special Control.

3.22 Flags cannot therefore be used to advertise specific products without requiring

consent of the Local Planning Authority. Consent is also specifically required if the flag is displayed from a free standing flag pole as opposed to one projecting vertically from the roof of a building.

3.23 Flag advertisements displayed on free standing poles can have a significant visual

impact due to their height which often makes them visible over some distance. However, visually it is often difficult to clearly make out the display on flags unless there is a strong wind. This is not the most effective form of advertising and is often

used in connection with alternative displays. Consequently, flag advertisements can often be visually obtrusive and lead to a cluttered appearance. Their use in towns and villages and particularly within Conservation Areas or adjacent to Listed Buildings will normally be resisted.

ADV/5 The provision of flag advertisements on commercial premises will

normally be resisted. They will not be granted consent within conservation areas or adjacent to listed buildings.

3.24 Flag advertisements are often used on construction sites as a means of showing who is carrying out the work and the potential site occupier. The Regulations allow for a limited number of such advertisements in areas not defined as Areas of Outstanding Natural Beauty, National Parks or Areas of Special Control. Flag advertisements are allowed on housing development sites, with one allowed for up to 10 houses, two allowed for between 10-100 houses and up to three on land where the housing numbers exceed 100. Provision of additional flags on development can detract from the appearance of an area as referred to above and consequently will be strictly controlled.


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ADV/6 Flag advertisements in association with construction sites will be strictly controlled and restricted to a maximum of four for a temporary period in order to minimise the impact on the visual amenity of the area.

(d) Banners 3.25 There are different types of banner signs which are commonly displayed either

advertising the business name or services offered. The banner usually takes the form of a rectangular shaped printed material often in plastic or vinyl. Such banners sometimes have deemed consent (Class 5 of Schedule 3 of the Regulations) but often require express consent due to their size and location.

3.26 Banner signs may also appear on boundary fences or walls of property and may benefit from deemed consent (Class 6 of Schedule 3). The most common form of such banners is at public houses or restaurants advertising certain meals at specific prices.

3.27 When considering applications for express consent for such matters the main impact

is the visual amenity of an area. Banners tend always to be displayed in addition to normal business advertisements like illuminated fascias and projecting signs. Consequently, the display of a banner will often lead to a cluttered appearance. They are also used to advertise events or promotions by businesses or event holders.

3.28 There are alternative means of advertising other than by banners which result in

clutter and on occasions highway safety problems.

ADV/7 The District Council will normally resist the provision of banner advertisements unless in exceptional circumstances. Any consent will have due consideration in terms of their size, design and location. Banner signs that are advertised without the correct consent within the district will be dealt with under the relevant planning enforcement legislation.


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(e) Signs on Business Parks

3.29 The Council considers there to be a need to specify general criteria for consideration

when dealing with applications for express consent in business parks. 3.30 The business parks within the District are mostly on the edges of built up areas,

consequently, the provision of advertisements and particularly illuminated signs need to be carefully controlled to ensure there is no significant harm to amenity or public safety at these prominent locations.

3.31 There are a number of general criteria which can apply to all business park sites in

order to lessen any adverse impact on amenity from those signs which need the Council’s express consent.

ADV/8 At business park locations throughout the district all advertisements

should comply with the following:

a) The signs shall be restricted to the name of the company only or its recognised logo

b) Any sign should be of limited size and modest in proportion to the scale of the building

c) No sign shall be placed in an over prominent position or conflict with any architectural feature of a building

d) Signs which detrimentally affect the setting of listed buildings will not be granted consent

e) Proposals for an illuminated pole sign and totem sign other than a single sign at a petrol filling station, will not be permitted

f) Signs shall be located so as to avoid loss of amenity to residential properties, parks and public open space and to the open countryside


10 (f) Petrol Filling Station Signs

3.32 A wide variety of signs can be found at petrol filling stations as many sites also now

have a diverse retail shop element linked to them. The signs at petrol stations are often illuminated and thus require express consent. Where signs are non-illuminated they are likely to fall within Class 5 or Class 6 of Schedule 3 and so do not require consent unless the limitations and conditions are exceeded.

3.33 The provision of a wide range of sign types at petrol stations needs careful control to

ensure the commercial activity is advertised without harming the visual amenity and character of an area and without creating a highway danger.

3.34 The consideration of advertisements on the forecourts of premises is also of

relevance to other commercial sites. In these instances large illuminated totem signs are not considered appropriate, particularly if such sites are located on main through routes. Forecourt advertising can have a significant detrimental visual impact in such instances if not strictly controlled.

ADV/9 The District Council will strongly resist the proliferation of

advertisements which result in a cluttered appearance on business premises.

(g) Public House and Restaurant Signs 3.35 Commercial premises such as public houses and restaurants may display a variety of

advertisements many of which are illuminated both to indicate the presence of a business and to attract passing trade. Advertisements are often viewed as an additional marketing tool and advertisements are thus sometimes designed to have a significant impact in order to attract the most attention. This can result however in an adverse visual impact to both the building and surrounding area.


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3.36 The need to attract business has to be carefully balanced against the visual impact

and safety considerations that the variety of signs may have. (h) Advertisements in Shopping Areas

3.37 One of the major areas for advertisements lies within the traditional shopping areas

of the main towns and villages of the district. Consequently, the District Council has always attempted to strictly control signs requiring express consent within these areas in order to try and maintain their traditional character.

3.38 All signs and advertisements on shops and other commercial premises should be

designed to compliment the design of the building, its shopfront and the street scene in general. As indicated in the National Planning Policy Framework the appearance of a good building can easily be spoiled by a poorly designed or insensitively placed sign or advertisement, or by a choice of advertisement materials, colour, proportion or illumination which is alien to the building’s design or fabric. Although not formally adopted the design concepts of shop fronts and their associated signs are complimented by the District Council’s Shop Front Guidance. The towns and villages of North West Leicestershire have some very good examples of old shop fronts but there are also many others that are rather poor. Signs should be seen as an element within the design rather than an afterthought applied without consideration for the shop front. Careful thought should be given to the need for any illumination of signs.

(i) Fascia Signs

3.39 On traditional shopfronts advertising was restricted to painted signs within the

fascia. One of the best ways of advertising, especially in Conservation Areas or on listed Buildings, is the use of sign written lettering over a hand painted fascia. The fixing of individual letters on the fascia is also acceptable so long as the materials are suitable, eg wood or brass. Plastics are rarely an acceptable alternative. This


12 technique is also useful where there is no fascia and the letters need to be attached

to the natural materials of the building. The size of the lettering should be in proportion with the fascia which in turn should relate to the building so that it does not dominate the building and thus large fascias and large letters will be resisted.

3.40 Fascia signboards should be of good quality materials and designed so as to appear

as an integral design of the shopfront and building. Hand painted wooden fascia boards ideally are the most appropriate for traditional or historic properties. Reflective Perspex fascias often look cheap and spoil the appearance of a building. Consequently, such fascia signs should be avoided in town centres.

3.41 Fascia signing should convey the essential message of the retailer, ie the shop’s

name. Additional advertising usually serves to confuse the message and detract from the shopfront. Fascias sponsored by advertising therefore, will be discouraged whenever possible and not permitted in Conservation Areas or on listed buildings when express consent is required.

3.42 National, regional and local multiples should be prepared to modify their corporate

identities wherever necessary to be in keeping with the building and the wider environment. Again, this is especially pertinent in Conservation Areas and on listed buildings.

3.43 As already stated, traditional shopfronts were often non-illuminated. In the main

shopping streets of the town centres and particularly on listed buildings and in Conservation Areas, fascia signs should ideally be non-illuminated. Where illumination is required, its type and design should in all cases be sympathetic to the building and street scene. Acceptable forms of fascia lighting are high quality halo illumination of individual letters only or trough lighting which is designed as part of the fascia and is concealed within it. These alternatives may be acceptable on listed buildings although it should be noted that the design and quality of certain listed buildings will preclude the illumination of advertisements. The external illumination of certain signs by means of cowl lights may be acceptable in circumstances where

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the lights match the fascia background. However such lighting will not be acceptable on listed buildings, traditional shopfronts or within Conservation Areas. The use of

spot lights will be resisted if inadequately shielded due to the detrimental effect of unshielded light sources. The full internal illumination of fascia signs is considered damaging to visual amenity and the appearance of a building and will be strongly resisted in all instances.

(ii) Projecting and Hanging Signs

3.44 Projecting box signs are rigidly fixed from the side and are often made of translucent

plastic or perspex and are internally illuminated. The illumination of such signs requires the express consent of the Local Planning Authority. Such signs however are considered inappropriate for traditional streets and therefore they will be resisted on listed buildings, in Conservation Areas and in town centres where they are fully internally illuminated.

3.45 Non-illuminated projecting box signs would not however require consent providing

the building is not listed and there are no other projecting signs on the property. Additionally, it should be noted that the Regulations allow for an internally illuminated box sign providing that only each character and no part of the background is illuminated, the distance between the two faces of the advertisement does not exceed 0.25 m and the sign is not over 4.6 m high or above the bottom level of any first floor window.

3.46 Where appropriate, preference will be given to hanging signs of a design suited to

the age and style of the building and shopfront. In appropriate situations, such as narrow streets, hanging signs can provide elements of individual detail to enrich the street. Such signs are made of timber, are free swinging and are suspended from a rigid structure, usually a wrought iron bracket. A proliferation of hanging signs should be avoided especially within Conservation Areas. In some instances,

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particularly on historic buildings, any form of hanging or projecting sign may be inappropriate. The need for the display of hanging signs should be checked with the Local Planning Authority. Consent for such signs above the bottom of first floor window levels will normally be resisted.

(iii) Canopies and Blinds

3.47 Canopies and blinds are considered to be within the Regulations and benefit from

deemed consent if they include advertising, such as a shop name, on the projecting canopy.

3.48 Many canopies are now installed purely for the purpose of increasing advertising

space. Often more modern canopies, such as balloon canopies, tend to obscure the shop fascia and introduce a dominant element within the streetscene. The use of these non-traditional forms will be resisted. Unless on a listed building, most canopy advertising would not fall under the control of the Local Planning Authority unless it was in some way illuminated.

ADV/10 In dealing with applications for the display of advertisements

throughout the Districts shopping areas the District Council will consider proposals in the interest of amenity and/or public safety and in all cases the following points will be applied to ensure that:-

a) No sign by reason of its form, design, size or position conflicts

with the character, scale, proportion or architectural features of the building, structure or street

b) No sign by reason of its materials and colour causes disharmony with the character or external finishes of the building

c) No sign by reason of its level of illumination shall detract from the appearance or character of the building

d) No sign will be unduly prominent and create a visual clutter when viewed with any existing signs attached to the building or within its curtilage

e) In the case of a listed building or scheduled monument, no sign will detract from the integrity of the design or historic character of the building or spoil or compromise its setting

(iv) ‘A’ Boards

3.49 ‘A’ Boards are free standing advertisements which take the form of an ‘A’ when

viewed from the side. Such advertisements are often sited on the pavement outside premises to attract customers to premises. The pavement is usually an area over 15


which the highway authority has jurisdiction and which must be kept clear to allow the safe passage of pedestrians. These signs represent at best an inconvenience in terms of impeding pedestrian flows and at worst a serious hazard to those people who are partially sighted or blind. Consequently, wherever possible the Council will ensure that such advertisements are removed where they are not technically allowed.

ADV/11 The District Council will normally resist the display of ‘A’ boards

on highway land and will instigate legal action as appropriate.

(v) Window Displays and Internal Advertising 3.50 The shopfront windows are traditionally for the displaying of goods and not for use

for widespread poster advertising. Thus the proliferation of window stickers or large numbers of indoor illuminated signs can give an untidy effect and invariably cheapen the shopfront and detract from the street scene. Shop windows are designed to be looked through, not looked at. Stickers are not necessary where an attractive display can be used to advertise the goods being offered. Consequently, external advertisements on shopfronts will be resisted and internal advertisements, where they are considered detrimental to visual amenity or contrary to public safety will be considered for discontinuance action.

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3.51 Businesses on the upper floors of premises should only consider individual letters on

their windows and not large posters covering large portions of the glass. This is to avoid giving the building a cluttered appearance. The size and scale of individual lettering should not dominate the appearance of the window or building.

ADV/12 Where the District Council consider there is a proliferation of

internal advertisements to the detriment of visual amenity or contrary to public safety the Council will consider taking discontinuance action to secure their removal.

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4.0 Areas of Special Control 4.1 Some areas within towns and villages and within many parts of the countryside are

especially vulnerable to the visual affects of advertisements. In such instances the Local Planning Authority has three special powers enabling them to achieve stricter control over advertisements than is normally the case. These powers are:-

1) to define an Area of Special Control of Advertisements (ASCA); 2) to remove from a particular site or defined area the benefit of the deemed

consent normally provided by the regulations (ie issuing an Article 4 Direction); and

3) to require a particular advertisement, or use of the site for displaying advertisements, to be discontinued (see Section 5)

4.2 The first of the above options enables the Local Planning Authority, with the

approval of the Secretary of State, to declare an area which is considered by the local authority to merit special protection on grounds of amenity as an Area of Special Control.

4.3 Designating an area as an Area of Special Control gives stricter control over a range

of advertisements. For example the normal short term exemption for balloon advertising (Class 15 of Schedule 3) does not apply and the conditions over the size of lettering and height above ground are more restrictive for 12 out of the 16 deemed consent classes of Schedule 3. Areas of Special Control are covered by Schedule 5 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007.

4.4 In order for an Area of Special Control of Advertisements to be designated the

District Council must submit an order to the Secretary of State and publicise it in the press, allowing time for objections to be received. The Secretary of State may provide for any objections to be heard at a local inquiry, before finally deciding whether to approve the order or make modifications to it.

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5.0 Advertisements in Conservation Areas 5.1 Advertisements by their very nature are designed to attract attention in order to

generate business. Unfortunately shop owners are often no longer happy to use a single fascia.

5.2 A simplistic approach to competition has dictated that each sign should be bigger

and more conspicuous than the previous one. This has lead to advertisements whose size and design detract from the character of traditional buildings and undermine the inherent quality of an area. It has also lead to the same thing being said over and over again which has the same damaging effect but this of course also devalues the message that is being tried to put across. A consistent approach towards advertisements to ensure a high standard of design benefits the shopping environment and in turn business owners. Corporate style and materials may have to be adapted in order to be sympathetic to their location.

Design

5.3 Form

New advertisements should respect the character and style of the building and the area in question, in terms of design, materials and location. Conservation areas, listed buildings and other environmentally sensitive situations will require advertisements of a high standard.

The design of an advertisement must respect its environment, and should be an integral part of the shopfront. New advertisements should not obscure architectural features such as windows, shopfront details, string courses, cornices and corbels. They should sit comfortably with the architecture of the building and be appropriate within the street scene. Signs that give a ‘tacked on’ appearance are not acceptable, for example protruding boxes. This type of signage detracts from the special character of historic settings. The number of advertisements should be kept to a minimum, and advertisements on side walls of buildings should be avoided. Excessive amounts of signage serve only to clutter and detract.

Materials

5.4 The materials for advertisements should relate directly to the character of the building and the immediate area. Large areas of acrylic, perspex or other shiny, glossy or reflective materials are not acceptable. Traditional materials such as timber can be used for fascias and hanging signs. Other materials can be used for lettering though this will depend upon the type of advertisement and the quantities involved. The colour should be in harmony with the rest of the building and street scene.

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Lettering

5.5 Lettering should be painted directly to the surface of, or letters individually applied to the fascia. Consideration should be given to colour and type of lettering. The size of lettering should reflect the amount of room available, appearing neither too cramped nor too small. The style of lettering should suit the appearance of the building, and be clear and easy to read.

Hanging and Projecting Signs

5.6 Hanging and projecting signs can add interest to a shopping environment. However too many signs of this type can cause clutter in the building and street scene, especially where buildings are in multiple use.

Their use should be restrained and should be limited to one per unit where there is adequate space to be located, and where their cumulative effect will not detract from the character of an area. Normally projecting or hanging signs should be located at fascia level, their height should be not more than that of the fascia, and generally should not harm the appearance of the rest of the shopfront. There may be cases where a different location will be accepted but only in cases where the Local Planning Authority feels that the visual amenity of the area is not harmed.

Brackets and arms can be simple or decorative but should suit the character of the building. Fixing of trough lights to brackets or any other part of the hanging sign should be avoided as they clutter and detract otherwise neat installations.

Illumination

5.7 The use of illumination should be kept to a minimum. Non-illuminated signs are preferable to those that are illuminated, though weight may be given to those uses that operate outside normal opening hours. Illumination of shopfronts should not interfere with the design of a shopfront. Internally illuminated signs will not normally be appropriate in conservation areas or on listed buildings due to their unsympathetic appearance. External lighting should be as discreet as possible and be the minimum needed to perform the task. Large trough lights and rows of lamps should be avoided due to their visual impact. Halo lighting can be acceptable as long as it does not have a detrimental effect on the size of the lettering and the design of the shopfront. All wires and services should be completely hidden. Large floodlights should be avoided.

As above, projecting or hanging signs should generally remain unilluminated, as methods of illumination normally produce either a bulky or boxy sign, or clumsy external lighting arrangements

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6.0 Control of Advertisements - Enforcement 6.1 This section provides guidance to officers, businesses and the general public on the

range of options that are available to achieve compliance with advertisements legislation enforced by North West Leicestershire District Council. It addresses the Council’s approach of enforcing breaches of advertisement control only and therefore general enforcement principles have not been included.

The Council’s primary objective is to achieve regulatory compliance. Where it becomes necessary to take formal action against a land owner or advertiser, the Council will do so. There are a wide range of enforcement tools available to the Council to control unlawful advertisements, with prosecution being the most serious. The Council will always choose an enforcement method that is relevant and proportionate to the offence or contravention. The Council will also take account of an individual’s or a business’s past history when making the decision. This guidance is built around a process of escalation. The Council will normally only prosecute in circumstances where a defendant has acted wilfully and where their actions have caused or are likely to cause material loss or harm to amenity, or where they have ignored previous warnings or formal notices. Consideration will also be given to whether the defendant’s actions have endangered the health, safety or wellbeing of people or the environment.

The guidance is designed to help members of the public to understand the Council’s objectives and methods for achieving compliance, and the criteria which are considered when deciding the most appropriate response to a breach of advertisements legislation.

All of the Council’s decisions will have regard to the following current statutory guidance and codes of practice:

• The Statutory Code of Practice for Regulators • The Code for Crown Prosecutors • The Human Rights Act 1998. • National Planning Policy Framework • National Planning Practice Guidance on Advertisement 2014

The ‘Consent’ regime

6.2 Enforcement of the planning system in England and Wales can be divided into two

parts:

• ‘Permissive’ regimes such as development control –

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acceptable development that is unauthorised can be regularised by seeking retrospective planning permission. Unauthorised development may only become a criminal offence following non-compliance with a formal notice.

• ‘Consent’ regimes such as advertisement control and listed building control –

unlike unauthorised development, it is a criminal offence to undertake any works under these regimes without the prior consent of the Local Planning Authority. Contravention of a consent regime is always a criminal offence. There is therefore no such thing as ‘retrospective advertisement consent’. Consent can be sought for breaches of advertisement control; however any consent granted is only valid from the date of determination and the Council remains entitled to prosecute for the original offence.

Primary legislation

6.3 The primary legislation that concerns the control of advertisements is the Town and

Country Planning Act 1990. Part VIII Chapter III (sections 220 to 225) of the Act deals with unlawful advertisements. Section 336(1) defines what constitutes an ‘advertisement’. It is an offence under section 224 of the Act to unlawfully display an advertisement. The maximum penalty for each offence on conviction is a level 4 fine (currently £2,500)

Secondary legislation

6.4 The primary legislation does not provide any further advice in relation to

advertisement control. This is covered in the secondary legislation, the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. The Regulations separate advertisements into three categories. Those advertisements that do not require the express consent of the Local Planning Authority are defined by ‘Classes’ in the following Schedules:

• Schedule 1 – advertisements that are exempt from control • Schedule 3 – advertisements that have the benefit of deemed consent, subject

to conditions

All advertisements that do not fit into the classes covered by the above Schedules require the express consent of the Local Planning Authority. Schedule 2 provides five standard conditions that apply to all advertisements that require express consent or fall within Schedule 3. Non-compliance with any of the standard conditions renders the advertisement unlawful. 22


National policy and Government guidance 6.5 The National Planning Policy Framework provides advice to Local Planning

Authorities about how to apply the 2007 Regulations. This guidance provides advice to officers responsible for processing applications for advertisement consent; however it does not explore enforcement in any detail.

Enforcement tools for dealing with unlawful advertisements

6.6 The Council has a variety of enforcement powers available to address unlawful

advertisements, including:

• No action/informal advice • Formal written warning • Removal or obliteration • Discontinuance action • Injunctive action • Simple caution • Prosecution

Following an investigation of a breach of advertisement control, a decision will be made by the Enforcement team regarding the most appropriate enforcement action. When a decision has been reached, Ward Members will be notified of the Council’s intended course of action.

No action/informal advice

6.7 For minor breaches of the law the Council may give verbal or written advice. The

Council will clearly identify the offence and give advice on how to put them right, such as submitting an application for advertisement consent or requiring removal of the unlawful advertisement(s). Such action will include a deadline by which this must be done. The time allowed will be reasonable, and take into account the seriousness of the contravention and the implications of non-compliance. Failure to comply could result in an escalation of enforcement action.

Formal written warning

6.8 In certain circumstances, minor breaches of advertisement control may not warrant

any formal enforcement action. Such a decision may be taken where formal enforcement is inappropriate in the circumstances, such as where a trader has ceased to trade, in these circumstances it may be more proportionate to issue the offender with a formal written warning.

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Removal or obliteration

6.9 The Council has powers under section 225 of the Act to remove or obliterate posters and placards that are unlawfully displayed. The definition of a poster or placard is quite open; therefore this power can be used to resolve many unauthorised advertisement problems. If the advertisement contains details of the advertiser or business involved, the Council must notify them and allow them 2 clear days to remove or obliterate the advertisement voluntarily. Failure to comply with the notification may result in the Council carrying out the necessary works in default, and the recipient of the notification is liable for any costs reasonably incurred.

The Council is permitted to remove or obliterate any relevant advertisement that does not contain contact information without first giving notice of its intentions.

Discontinuance action

6.10 The Council has powers to require land owners, businesses or advertisers to remove

any advertisement that has the benefit of deemed consent, by way of a discontinuance notice. A discontinuance notice may only be served if an advertisement is adversely affecting amenity, or is a risk to public safety. Discontinuance action can also be taken to prohibit the use of an area for the purposes of displaying advertisements.

There is a specified procedure and timetable for the serving of a discontinuance notice and this is laid out under Regulation 8 of the 2007 Regulations. The Local Planning is required to provide a statement of reasons for serving the notice. The Local Planning Authority has authority to withdraw or vary the notice and to negotiate with the owner or occupier of the advertisement site or the person displaying the advertisement.

Any recipient of a discontinuance notice has a right to appeal, subject to certain criteria. If an appeal against the notice is made to the Secretary of State the notice is suspended and will not come into effect until the final determination or withdrawal of the appeal. There is also a laid down procedure and timetable for appealing against a discontinuance notice and this is explained in National Planning Practice Guidance 2014 ADV/13 Where the District Council consider the number and/or size of

advertisements to cause substantial injury to the amenity of a locality, and particularly if the advertisements affect the setting or character of a listed building or conservation area, then the Council will take discontinuance action to secure their removal.

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Injunctive action 6.11 Where offenders are repeatedly found guilty of similar offences, or an advertisement

poses a severe and imminent risk to public safety the Council may wish to take injunctive action. In cases where an offender persistently targets an area with unlawful advertising, this may constitute antisocial behaviour. In these circumstances the Council will liaise with its Anti-Social Behaviour Unit and an ASBO (Antisocial Behaviour Order) or CRASBO (Criminal Antisocial Behaviour Order) will be sought to stop the activity. The Council will also consider serving Community Protection Notices on repeat offenders.

Simple caution

6.12 In some instances the Council may have sufficient evidence to prosecute an

individual or business for unlawful advertising, yet the case may not past the ‘public interest test’. Where this applies, the Council may offer a simple caution to the offender(s).

A simple caution is not a criminal conviction, rather an admission of guilt, if further similar offences are committed within a specified period, the Council is permitted to bring the caution to the attention of the Court on conviction. This may result in a harsher sentence for the latter offence(s). If any individual or business refuses to accept a caution, the Council will review the case and prosecution may ensue.

Prosecution

6.13 A prosecution will normally ensue where the individual or organisation has:

• Deliberately, negligently or persistently breached advertisement legislation resulting in harm to local amenity;

• Deliberately or persistently ignored written warnings or formal notices; • Endangered, to a serious degree, the health, safety or well being of people or

the environment. Prosecution may also be the most appropriate course of action in other circumstances. Non-compliance with the Regulations is an offence and shall be liable on summary conviction at the Magistrates Court to a fine (not exceeding level 4 on the standard scale, ie £2,500) and in the case of a continuing offence £250 for each day during which the offence continues after conviction. It should be noted that unauthorised works carried out to a listed building is a criminal offence and this is liable on summary conviction to a penalty of up to £20,000 or a term of imprisonment. 25


Prioritisation of complaints 6.14 The Council is committed to enforcing against breaches of advertisement control.

However some unlawful advertisements cause substantially more harm than others, therefore complaints would be prioritised accordingly. The Council will investigate unlawful advertisements on private land, and unlawful advertisements on its own land. The Council will refer complaints regarding advertisements on Highways Authority land and Highways Agency land to these organisations. We would normally expect these organisations to take action in these circumstances. This includes the siting of ‘A-boards’ on highway verges, and advertisements affixed to public street furniture. These organisations, in addition to their civil rights as a land owners have powers under the Highways Act 1980 to remove or curtail the display of unlawful advertising. Fly posting, placards and posters

6.15 The display of advertisements without the consent of the owner or occupier of the

land or premises constitutes flyposting. If the Local Planning Authority is aware of the identity of the person who carries out flyposting or the person who benefits from the advertisement then steps will be taken to seek the removal of the advertisement.

The Local Planning Authority is empowered by Section 225 of the Town and Country

Planning Act 1990 to remove or obliterate any placard or poster which is illegally displayed in their area. If the Local Planning Authority can determine who displayed the poster or caused it to be displayed they are required to give at least two clear days notice in writing of their intention to remove it. The written notice does not apply however, if the Authority do not know or are unable to ascertain after reasonable inquiry who is responsible.

Untidy land

6.16 Section 215 of the Town and Country Planning Act 1990 also allows a Local Planning

Authority to serve on the owner or occupier of an area of land a notice which requires the proper maintenance of the land in order to improve its amenity. The notice will specify the steps required to remedy the condition of the land to be taken within a specified time period. The time period shall be not less than 28 days after the service of the notice. If the notice is not complied with, an offence will have occurred which will be considered at the Magistrates Court which is also the court to deal with any appeal against a Section 215 Notice.

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Right of entry 6.17 An authorised officer of the Local Planning Authority may enter land or premises for

the purpose of exercising the Local Planning Authority’s powers in respect of the Advertisement Regulations providing the land or premises are unoccupied and it would be impossible to exercise the powers without gaining entry. Section 34 of the Clean Neighbourhoods and Environment Act 2005 amended section 324 of the 1990 Act to allow entry to occupied land as well as unoccupied land.

Community Protection Notice 6.18 Community Protection Notices are designed to deal with environmental anti-social

behaviour which affects the quality of life for the community. This could include illegal advertising and fly posting. They can be served on individuals as well as organisations and businesses. A breach of a Community Protection Notice is a criminal offence and may carry a fine of up to £20,000 for businesses or £2,500 for individuals. Fixed Penalty Notice, requiring payment of up to £1,000 may be issued by local authorities for the breach of the notice.

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7.0 Index of Appendices Appendix A Summary of Schedule 1 of the 2007 Town and Country Planning

(Control of Advertisements) Regulations Appendix B Summary of Schedule 3 of the 2007 Town and Country Planning

(Control of Advertisements) Regulations Appendix C Glossary of Terms Appendix D Schedule as General Guide to Advertisement Control 28


Appendix A Schedule 1 of the Regulations, to which deemed consent also applies, involves specific classes. These 9 separate classes are listed below and are subject to conditions, limitations and interpretation Class A An advertisement displayed on enclosed land. Class B An advertisement displayed on or in a vehicle normally employed as a moving vehicle. Class C An advertisement incorporated in the fabric of a building. Class D An advertisement displayed on an article for sale or on the container in, or from which, an article is sold. Class E An advertisement relating specifically to a pending Parliamentary, European Parliamentary days after the close of the poll in the election or a referendum under the Political Parties, Elections and Referendums Act 2000(a). Class F An advertisement required to be displayed by Standing Orders of either House of Parliament or by any enactment or any condition imposed by any enactment on the exercise of any function. Class G A traffic sign. Class H (a) Any country’s national flag; (b) The flag of the Commonwealth, the any advertisement or subject matter additional

to European Union or the United Nations; (c) The flag of any English county; (d) The flag of any saint.


Class I An advertisement displayed inside a building.


Appendix B Schedule 3 of the Regulations, to which deemed consent also applies, involves specific classes. These 16 separate classes are listed below in an abbreviated form and are in most cases subject to size limitations and standard conditions.

Class 1 Functional advertisements of government departments and their agencies, local authorities, public transport undertakers, statutory undertakers and Transport for London 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. Class 2 Miscellaneous advertisements relating to the premises on which they are displayed These advertisements are divided into 3 separate categories. Class 2(A) An advertisement displayed for the purpose of identification, direction or

warning, with respect to the land or building on which it is displayed.

Class 2(B) An advertisement relating to any person, partnership or company separately carrying on a profession, business or trade at the premises where it is displayed.

Class 2(C) An advertisement relating to any institution of a religious, educational, cultural, recreational or medical or similar character, or to any hotel, inn or public house, block of flats, club, boarding house, hotel or Bed and Breakfast establishment, at the premises where it is displayed.


Class 3 Miscellaneous temporary advertisements This class is sub-divided into six separate categories to encompass the various types of temporary advertisements.

Class 3(A) An advertisement relating to the sale or letting, for residential, agricultural,

industrial or commercial use or for development for such use, of the land or premises on which it is displayed.

Class 3(B) An advertisement announcing the sale of goods or livestock, and displayed on the land where the goods or livestock are situated or where the sale is held, not being land which is normally used, whether at regular intervals or otherwise, for the purpose of holding such sales.

Class 3(C) An advertisement relating to the carrying out of building or similar work on the land on which it is displayed, not being land which is normally used, whether at regular intervals or otherwise, for the purposes of carrying out such work.

Class 3(D) An advertisement:-

(a) announcing any local event of a religious, educational, cultural, political, social or recreational character, or

(b) relating to any temporary matter in connection with an event or local activity of such a character, not being an event or activity promoted or carried on for commercial purposes.

Class 3(E) An advertisement relating to any demonstration of agricultural methods or

processes, on the land on which it is displayed.

Class 3(F) An advertisement relating to the visit of a travelling circus, fair or similar travelling entertainment to any specified place in the locality.

Class 4 Illuminated advertisements on business premises This class is sub-divided into two categories.

Class 4(A) An illuminated advertisement displayed on the frontage of premises within a

retail park, which overlook or face on to a communal car park wholly ounded by the retail park, where the advertisement refers wholly to any or all of the following:


the business carried on, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises

Class 4(B) An illuminated advertisement, other than one falling within Class 4A, displayed on business premises wholly with reference to any or all of the following: the business carried on, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises.

Class 5 Other advertisements on business premises Any advertisement which does not fall within Class 4A or 4B displayed on business premises wholly with reference to any or all of the following: the business carried on, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises. Class 6 An advertisement on a forecourt of business premises An advertisement displayed on any forecourt of business premises, wholly with reference to all or any of the matters specified in Class 5

Class 7 Flag advertisements This class is subdivided into two categories Class 7(A) An advertisement in the form of a flag attached to a single flagstaff projecting

vertically from the roof of a building. Class 7 (B) An advertisement in the form of a flag attached to a single vertical flagstaff

erected on a site which forms part of an area of land in respect of which planning permission has been granted for development of which the only or principal component is residential development and on which:- (a) operations for the construction of houses are in progress pursuant to that permission, or


(b) such operations having been completed, at least one of the houses remains unsold

Class 8 Advertisements on hoardings An advertisement on a hoarding which encloses, either wholly or in part, land on which building operations are taking place or are about to take place, if those operations are in accordance with a grant of planning permission (other than outline permission) for development primarily for use for commercial, industrial or business purposes.

Class 9 Advertisements on highway structures An advertisement displayed on a part of an object or structure designed to accommodate six-sheet panel displays, the use of which for the display of advertisements is authorised under section 115E(1)(a) of the Highways Act 1980(a). Class 10 Advertisements for neighbourhood watch and similar schemes An advertisement displayed on or near highway land (but not in the window of a building), to give notice that a closed circuit television surveillance scheme, or a neighbourhood watch or similar scheme, established jointly by the police authority and a local committee or other body of persons, is in operation in the area.

Class 11 Directional advertisement An advertisement on a single flat surface directing potential buyers and others to a site where residential development is taking place.


Class 12 Advertisements inside buildings An advertisement displayed inside a building, other than an advertisement falling within Class I in Schedule 1. Class 13 Advertisements on sites used for preceding ten years for display of advertisements without express consent An advertisement displayed on a site that has been used continually for the preceding ten years for the display of advertisements without express consent Class 14 Advertisements displayed after the expiry of express consent An advertisement displayed after the expiry of express consent, unless:- (a) it would contravene a condition subject to which express consent was

granted; or (b) an application for renewal of consent has been refused.

Class 15 Advertisements on balloons The display of an advertisement on, or consisting of, a balloon not more than 60 metres above ground level. Class 16 Advertisements on telephone kiosks An advertisement displayed on the glazed surface of a telephone kiosk, other than a kiosk of type K2 (1927) or K6 (1935) designed by Giles Gilbert Scott


Appendix C Glossary of Terms

Advance Sign A private sign sited alongside the highway, often on land but

sometimes on buildings which is used to direct travellers to a tourist facility or business use.

Advertisement Any letter, model, sign, placard, board, awnings, blind or device,

whether illuminated or not, that is used for the purposes of announcement, advertising or direction for any business or product at a particular site.

Amenity The visual or aural impact of a sign on the immediate surroundings

and the building where it is displayed. Banner A permanent or more often a temporary advertisement display on a

panel of flexible fabric and usually displayed either above first floor level or on boundary structures.

Blind A fabric shade attached to a rigid bar at one end and which is

retractable into the fascia above a window and usually has a shop name on it.

Canopy A fabric hood often on a hinged frame, but sometimes fixed, that is

often used to increase advertising space and is frequently positioned to obscure the fascia.

Clutter The provision of a number of signs to the detriment of the

appearance of a site. This may take the form of numerous signs, often of different sizes, at various positions on a building or site.

Cowl Lighting A means of externally illuminating a fascia or projecting sign and the

cowls which house the lighting can be straight or swan-necked. Deemed Consent A term used for a type of advertisement which can be displayed

under Schedule 3 of the Regulations without needing formal permission from the Planning Authority and which is governed by specific conditions and limitations set down in the regulations.

Discontinuance The procedure enabling a Local Authority to terminate the consent to

display an advertisement.


Express Consent A term used for the permission required from the Local Planning Authority for a specific sign which doesn’t comply with conditions in one of the deemed consent classes.

Fascia The area above the shop window on a building, which traditionally

takes the form of a wooden board, used to display an advertisement. Fly-posting An opportunistic and unlawful form of applying signs such as small

posters, to premises or property without the owners’ or occupants’ consent.

Forecourt A private open area with defined boundaries between a building and

a highway. Halo-illumination A means of externally illuminating individual letters of a fascia or

projecting sign which gives a low light wash to the rear of each letter that is set slightly away from the fascia board by a spacer.

Hanging Sign An advertisement sign suspended beneath a supporting bracket and

able to swing. Poster Hoarding A structure erected for the display of advertisement posters. Projecting Sign A sign that projects at right angles to the wall of a building but which

is fixed by a rigid support and is often in the form of a box. ‘Public Safety’ The consideration of any sign or advertisement to ensure it has no

distracting or confusing effect and that it creates no hazard to traffic or transport on road, sea, waterway or air.

Regulations Refers to the Town and Country Planning (Control of Advertisements)

Regulations 2007. Standard The conditions applicable to all advertisements specified by the DCLG. Conditions Totem Pole A vertical sign often with a number of separate elements and often

associated with garage forecourts to advertise petrol prices. Trough Lighting A means of externally illuminating a fascia or projecting sign whereby

a strip light shines down on the sign but the light source is hidden by the front of the trough which is built into the top of the sign.


Appendix D

A General Guide to Advertisement Control Listed below is a quick summary of the types of advertisements and relevant associated guidance, however for a more detailed description including conditions, limitations and interpretations please refer to the Town and Country Planning (Control of Advertisements) (England) (2007)

SIGN TYPE

DESCRIPTION OF SIGNS

GUIDANCE

Tourism and advance signs

Signs erected to indicate presence of business premises or tourist facility either on or adjacent to roads nearby or on the premises

Consent required for all signs. Such signs often resisted if not controlled by Highway Authority. Exceptions only accepted if non-illuminated, clear and simple to understand

Poster hoardings

Advertisements displayed on large boards or small boxes (1m x 1.5m) either free standing or fixed to buildings

Consent required for all hoardings. Applications considered on individual merits. Need to be sited in predominantly commercial areas and be non-illuminated, in scale with surroundings and not detrimental to building. Will normally be resisted in open countryside, villages, conservation areas, on listed buildings or facing residential properties


Flag advertisements

Flags advertising a business, or company or goods which are flown from free standing flagpoles or projecting from the front of, or roof of buildings or from other structures

Consent required unless single flag projecting on pole from roof of building. Up to 3 allowed on residential construction sites without consent. More than 4 unlikley to be granted and flags resisted elsewhere. Consent will not be granted if its detrimental to the setting of a listed building

Banners

Banner signs promoting events or offers, often rectangular and attached to boundary fences or hung from upper floor windows

Require consent depending on size and location. Unacceptable on buildings, boundary structures or to advertise events and promotions as tend to result in clutter Appropriate enforcement action will be taken in most cases if displayed without the appropriate consent

Non-illuminated signs on premises at business parks

Sign giving details of identity of owners or of goods/services provided

Consent not usually required but depends on size and position of any sign or lettering. Letters should not exceed 0.75m or be above 4.6m from ground level or above first floor window level

Illuminated signs on premises on business parks

Signs giving details of identity of owners or of goods/services provided

Consent required. Signs must not face towards residential properties or open countryside


Illuminated petrol filing station signs

Petrol brand sign and prices in form of totem or pylon sign Canopy signs indicating company or station name Fascia signs on kiosks or shops

Consent required. One free standing totem sign of appropriate size acceptable at each site Consent required. Acceptable in urban areas where residences not affected Consent required. Acceptable if limited to one sign

Illuminated signs at public houses and restaurants

Traditional hanging sign on building or free standing pole sign Sign on building indicating property name

Consent required. Acceptable is limited to one traditional painted sign and illumination by means of external trough lighting as opposed to internal illumination Consent required. Acceptable if limited to one sign on main frontage and one on flank wall. Preference for wooden fascia board or individual letters and illumination in form of external lighting or halo illumination of individual letters

Illuminated Fascia Signs in Shopping Centres

Fascia boards, fascia boxes or individually applied letters externally or internally illuminated

Consent required if illuminated unless letters only. One sign per premises acceptable provided fascia background not internally illuminated. Preference for hidden trough lighting or individual letters halo lit


Non-illuminated fascia signs on business premises

Sign giving details of identity of owner, good sold or services provided

Consent not required provided letters do not exceed 0.75m or sign is not over 4.6m high from ground or above bottom of first floor windows. No single advertisement may exceed 1.55 square metres in area

Projecting signs on business premises

Fixed projecting box signs or traditional hanging signs

Consent required if illuminated. Modern projecting box signs unacceptable if illuminated. Preference for non-illuminated hanging signs with traditional metal bracket and if necessary external illumination. Such signs should be sited below the level of first floor windows or 4.6m in height otherwise

Signs within a building

Advertisements visible from outside the building on which they are displayed

Consent not required. Discontinuance action likely if signs unacceptable regarding amenity and impact

Posters on windows or walls of unoccupied premises or other structures

Fly-posting advertising local event or other activity

This is a prosecutable offence and every effort will be made to detect offenders and take appropriate action


Non-illuminated signs relating to sale or letting of agricultural, industrial or commercial use or development for such uses

Advertisement board either free standing within the curtilage of the property or attached to the building by agents

Consent not required provided area of sign does not exceed 2 square metres or 2.3 square metres for joined boards and projecting more than 1 metre if attached to the face of a building. Limited to one sign per premises

Non-illuminated signs relating to sale or letting for residential use or development

Advertisement board either free standing or attached to building by agents

Consent not required provided area of sign does not exceed o.5 square metres or 0.6 square metres it two boards joined. Limited to one such sign per premises


For further information or advice please contact us at:

Telephone 01530 454545

Website www.nwleics.gov.uk

Email [email protected]

[email protected]

mailto:[email protected]

Documents

Advertisement Guidance Document