The Town and Country Planning (Control of Advertisements) Regulations 1989

• (f) in subsection (7), for the words from “in respect of an application for planning permission” to “planning permission for that development”, substitute the words “in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent”.

2

In section 37–

• (a) for the words from the beginning to “order” in the first place where it appears, substitute “Where any such application as is mentioned in section 36(1) of this Act (as applied and modified by the Town and Country Planning (Control of Advertisements) Regulations 1989) is made to a local planning authority then, unless within the period of 8 weeks from the date when the application was received by the local planning authority”;

• (b) for the words from “either” to “section 35 of this Act” substitute “give notice to the applicant of their decision on the application”;

• (c) for the words “permission or approval”, substitute “consent”;

• (d) after the words “of this Act” insert “(as so modified)”; and

• (e) for the words “at the end of the period prescribed by the development order” substitute “at the end of the period referred to above”.

PART II — sections 36 and 37 of the act as modified (applications for express consent)

PART III — modifications of the act (discontinuance notices)

1

In section 36 for subsections (1) and (2) substitute–

(1) Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1989 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State. (2) Notice of appeal shall be given in writing to the Secretary of State at any time before the date on which the discontinuance notice is due to take effect under regulation 8(3) taking account, where appropriate, of any extension of time under regulation 8(5) of the 1989 Regulations, or such longer period as the Secretary of State may allow, and the notice shall be accompanied by a copy of each of the following documents:– (a) the discontinuance notice; (b) any notice of variation thereof; and (c) any relevant correspondence with the authority. (2A) Where an appeal is brought under this section, as applied by regulation 15(3) of the 1989 Regulations, the Secretary of State may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the discontinuance notice as he may specify and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal, he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with subsection (4) of this section.

2

In subsection (3)–

• (i) omit the words “from a decision of a local planning authority”;

• (ii) for the words, “any part of the decision,” substitute “any part of the discontinuance notice”; and

• (iii) for the words “may deal with the application as if it has been made to him in the first instance.”, substitute “may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.”.

3

For subsection (5), substitute–

(5) On the determination of an appeal under this section, as applied by regulation 15(3) of the 1989 Regulations, the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.

4

Subsection (7) shall be omitted.

SCHEDULE 5 — AREA OF SPECIAL CONTROL ORDERS

PART I — procedure for area of special control orders

1

A local planning authority who propose–

• (a) to designate an area of special control; or

• (b) to modify an area of special control order,

shall make an area of special control order designating the area or indicating the modifications by reference to an annexed map.

2

If an area of special control order contains any descriptive matter relating to the area or the modifications in question, that descriptive matter shall prevail, in the case of any discrepancy with the map, unless the order provides to the contrary.

3

As soon as may be after the making of an area of special control order, the authority shall submit it to the Secretary of State for approval, together with–

• (a) two certified copies of the order;

• (b) a full statement of their reasons for making it;

• (c) in the case of an order modifying an existing order, unless the boundaries of the existing area of special control are indicated on the map annexed to the order, a plan showing both these boundaries and the proposed modifications; and

• (d) any additional certified copy of any of the material in subparagraphs (a) to (c) above, which the Secretary of State requires.

4

The authority shall forthwith publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice in prescribed Form 1.

5

If any objection is made to an order, in the manner and within the time provided for in the prescribed form, the Secretary of State–

• (a) may offer all interested parties an opportunity to make representations to him in writing about any such operation, before such date as he may specify;

• (b) may, and at the request of any interested party shall, either provide for a local inquiry to be held or afford to the parties an opportunity of a hearing before a person appointed by him.

6

After considering any representations or objections duly made and not withdrawn and, where applicable, the report of any person holding an inquiry or hearing, the Secretary of State may, subject to paragraph 7 below, approve the order with or without modifications.

7

If the Secretary of State proposes to make a modification for the inclusion of additional land in an order, he shall–

• (a) publish notice of his intention to do so;

• (b) afford an opportunity for the making of objections to, or representations about, the proposed modification; and

• (c) if he considers it expedient, provide for a further inquiry or hearing to be held.

8

As soon as may be after the order has been approved, the local planning authority shall publish in the London Gazette, and in two successive weeks in at least one newspaper circulating in the locality, a notice of its approval in prescribed Form 2.

9

An area of special control order shall come into force on the date on which the notice of its approval is published in the London Gazette.

10

Where a local planning authority propose to make an order revoking an area of special control order, a map showing the existing area shall be annexed to the order, and the procedure prescribed in paragraphs 2 to 9 of this Schedule in relation to an order modifying an existing order shall be followed, subject to the modification that the prescribed forms of notice under paragraphs 4 and 8 respectively are prescribed Forms 3 and 4.

11

Any reference in this Part of this Schedule to a prescribed form is to the form bearing that number in Part II of this Schedule or a form substantially to the like effect.

PART II — FORMS OF NOTICE

FORM 1

Notice of an area of special control order

TOWN AND COUNTRY PLANNING ACT 1971

FORM 2

Notice of approval of an area of special control order

TOWN AND COUNTRY PLANNING ACT 1971

FORM 3

Notice of revocation of an area of special control order

TOWN AND COUNTRY PLANNING ACT 1971

FORM 4

Notice of approval of an order revoking an area of special control order

TOWN AND COUNTRY PLANNING ACT 1971

Signed

Nicholas Ridley — Secretary of State for the Environment — 13th April 1989

Peter Walker — Secretary of State for Wales — 13th April 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Town and Country Planning (Control of Advertisements) Regulations 1984 and subsequent amending instruments.

The main provisions of the Regulations, which apply in England and Wales, concern the control by local planning authorities of the display of outdoor advertisements. Specified classes of advertisements are excluded from the Regulations and others may be displayed with deemed consent, subject to conditions and limitations and the power of local planning authorities to serve discontinuance notices (Part II). Applications to the local planning authority for express consent and the granting of consent subject to conditions are provided for, as are appeals to the Secretary of State where consent is refused or granted conditionally, and the revocation or modification of express consent (Part III). Part IV deals with the designation of areas of special control and Parts I and V with general and miscellaneous provisions.

The main changes made by the Regulations are–

• (a) modification of the powers of the Secretary of State in directing that, in a specified case or class of case, advertisements should not be displayed without express consent (regulation 7);

• (b) revision of the criteria on which a local planning authority may serve a discontinuance notice withdrawing deemed consent under Schedule 3 (regulation 8);

• (c) clarification of the powers of a local planning authority to grant consent for part only of an application, with or without conditions (regulation 13);

• (d) the introduction of two new classes of illuminated advertisement with deemed consent (Classes 4A and 4B in Schedule 3);

• (e) other minor modifications to the Classes of advertisement with deemed consent (regulation 6 and Schedule 3);

• (f) introduction of a power for an objection to an area of special control order to be dealt with by written representations, instead of a hearing, if the parties agree (Schedule 5, paragraph 5).

Footnotes

[^f00001]: Section 63 has been amended by section 45 of the Housing and Planning Act 1986 (c. 63).

[^f00002]: Section 109(2) has been amended by section 46 of the Criminal Justice Act 1982 (c. 48) and Schedule 11, paragraph 13 of the Housing and Planning Act 1986.

[^f00003]: 1971 c. 78.

[^f00004]: 1949 c. 97.

[^f00005]: 1986 c. 31.

[^f00006]: 1986 c. 44.

[^f00007]: 1984 c. 12.

[^f00008]: 1980 c. 66.

[^f00009]: S.I. 1984/421.

[^f00010]: S.I. 1987/804.

[^f00011]: S.I. 1987/2227.

[^f00012]: S.I. 1981/859.

[^f00013]: 1984 c. 27.

[^f00014]: 1980 c. 66; section 115E was inserted by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), Schedule 5, Part I.