Last edited 10 Sep 2014

Express consent for advertisements

The term ‘express consent’ refers to the requirement for planning consent from the local planning authority for certain classes of advertisements.

Classes of advertisements that require express consent are those not listed in Schedule 1 or Schedule 3 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, or those that whilst they are listed in Schedule 3 do not comply with the conditions set out in the Schedule for that class of advertisement.

Classes of advertisements that are listed in Schedule 3 and comply with the relevant conditions are considered to have ‘deemed consent’. Advertisements listed in Schedule 1 of the regulations are permitted without consent from the local planning authority.

The information that must accompany an application for express consent is specified in Regulation 9, and includes; a completed application form, a location plan and ideally, photo montages showing the proposed advertisement on site.

That local planning authority will consider the interests of amenity and public safety when considering an application, but cannot consider whether the advertisement is misleading, unnecessary, or offensive.

Consent is normally for five years but, unless a condition has been attached to the consent that an advertisement must be removed on expiry of the consent, the advertisement can normally continue to be displayed under Class 14 deemed consent.

There is a right of appeal against refusal of consent to the Secretary of State.

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