Statutory Instrument 1987 No. 2227

The Town and Country Planning (Control of Advertisements) (Amendment No. 2) Regulations 1987

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© Crown Copyright 1987

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1987 No. 2227

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Control of Advertisements) (Amendment No. 2) Regulations 1987

The Secretary of State for the Environment in exercise of the powers conferred upon him by sections 63 and 287(1) of the Town and Country Planning Act 1971^[1] , and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.—(1)  These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment No. 2) Regulations 1987.

    (2)  These Regulations other than Regulation 3 shall come into force on 29th January 1988. Regulation 3 shall come into force on 28th October 1988.

Amendment of the Town and Country Planning (Control of Advertisements) Regulations 1984 from 29th January 1988
    2.    The Town and Country Planning (Control of Advertisements) Regulations 1984^[2] are further amended as follows—
 (i) for regulation 11 substitute—

"Advertisements on sites used for the display of advertisements on 1st April 1974
    11.—(1)  A site being used for the display of advertisements on 1st April 1974 may continue to be so used without express consent after 29th January 1988 unless a notice under regulation 16 has effect to require the discontinuance of that use.

    (2)  The use of a site pursuant to paragraph (1) is subject to the condition that it is not used for the display of advertisements to an extent which is substantially greater than, or in a manner substantially different from, the extent and manner of use on 1st April 1974.

    (3)  Paragraph (1) does not permit the erection of any replacement structure or building on which to continue the display of advertisements." ;


 (ii) in regulation 14(1), insert after Class VIII the new Classes set out in Schedule 1 hereto;
 (iii) for regulation 14(2) substitute—
"  (2)  The display of any advertisements pursuant to paragraph (1) is subject to the standard conditions and the following limitations and additional conditions—
(a) no advertisement of Class II, III, IV, V, VI, IX or X shall include letters, figures, symbols, emblems or devices more than 0.75 metre high or, in the case of an advertisement in an area of special control, 0.3 metre high;

(b) 
(i) no advertisement of any Class other than Class I or VI shall be so displayed in an area of special control that the highest part of it is more than 3.6 metres above ground level;

(ii) no advertisement of Class X shall be so displayed outside an area of special control that the highest part of it is more than 3.6 metres above ground level;

(iii) no advertisement of any Class (other than Class X) except an advertisement of Class I or VI shall be so displayed outside an area of special control that the highest part of it is more than 4.6 metres above ground level:

Provided that heads (i) and (iii) shall not restrict the display of an advertisement of Class III(a) above the relevant height on any part of a building if the advertisement relates only to the separate sale or letting of that part and the highest part of the advertisement is at the lowest level that is reasonably practicable;

(c) no advertisement shall be illuminated save that—
(i) an advertisement of Class I or Class VII may be illuminated in a manner reasonably required to fulfil the purpose of the advertisement; and

(ii) an advertisement of Class II or IV may be so illuminated in so far as it advertises that medical or similar services or supplies are available on the premises on which it is displayed;

(d) an advertisement of Class III(a) shall be removed within 14 days after the sale of the relevant land or premises is completed or a tenancy is granted;

(e) an advertisement of Class III(b), (d) or (e) relating to a sale or other event due to take place on a specific date may not be displayed earlier than 28 days before the day (or first day) on which the sale or event is due to take place and any such advertisement shall be removed within 14 days after the end of the sale or event;

(f) an advertisement of Class III(c) may only be displayed while the relevant works are being carried out;

(g) an advertisement of Class X shall be removed within the following 14 days if the relevant watch scheme ceases to operate or to be approved by the police authority or if the highway authority withdraw their consent to the display of the advertisement;

(h) an advertisement of Class XI shall not be displayed after the development of the site is completed or, in any event, for more than 2 years." .

Further amendment of the 1984 Regulations from 28th October 1988
    3.    Regulation 14(1) of the 1984 Regulations is additionally amended (except as respects advertisements which are being displayed when this regulation comes into force) by substituting for paragraph (a) of Class III, the paragraph set out in Schedule 2 hereto.

Nicholas Ridley

Secretary of State for the Environment

23rd December 1987

[1] 1971 c. 78. Section 63 was amended by section 45 of the Housing and Planning Act 1986 (c. 63). back

[2] S.I. 1984/421, amended by S.I. 1986/443 and 1987/804. back

Explanatory Note