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Start a conversationA separate system, with only two questions in it.
Signs run on their own consent system, separate from planning permission. Many are covered automatically by deemed consent. Where they are not, express consent is needed, and a council may judge it on only two things: amenity and public safety. Not on what it says.
The clearest way to explain advertisement consent is a fit-out where it was applied for properly, at the same time as everything else.
A unit on Park Street in Leamington Spa, in mixed retail, residential and workshop use, taken to a mixed use as retail, cafe and workshop for group therapy and creative sessions. A change of use, and a new business that needed the street to know it was there.
Two applications went in on the same day and they did completely different jobs. One settled what the building would be used for. The other settled what could be displayed on it.
That is the part people miss, and it is expensive to miss. A change of use consent says nothing whatever about signage, and a fit-out programme built around the use application alone reaches practical completion with a shopfront nobody is allowed to put a name on. The gap is usually eight weeks, and it lands in the week the business intended to open.
The signs themselves were deliberately modest: one fascia advertisement and one hanging sign, neither illuminated. On a street of this character that is not restraint for its own sake. It is the specification most likely to be consented without an argument, and on a small commercial fit-out the value of a quiet approval is considerably higher than the value of a brighter sign.
Drawing the signage with the shopfront rather than after it is what makes that possible. A fascia designed as part of an elevation sits within the proportions of the building and reads as belonging to it, which is precisely what an amenity assessment is looking for. A sign specified later by a signmaker working to a corporate template has to be argued for against a frontage it was never designed into, and that is the application that attracts conditions or a refusal.
Illumination is the single biggest variable in how hard the application will be. An unilluminated sign raises questions about appearance only. An internally illuminated one brings light spill, the effect on residential windows above and nearby, and hours of operation into the assessment, and on a street with flats over the shops it invites conditions that can make the sign less useful than the cheaper one would have been.
One new fascia sign on a Grade II listed Regency building in the Cheltenham central conservation area, consented alongside the internal alterations to the gallery behind it. Advertisement consent and listed building consent, applied for together and granted together, for a single sign.
An illuminated fascia sign and a projecting sign to a unit in a covered shopping centre in the West Midlands. Inside a managed centre the landlord's own signage standard usually sets the specification before the council sees it, which tends to make the consent the straightforward part.
Illuminated and non-illuminated fascia and projecting signs to a High Street frontage, consented as one scheme rather than as separate applications. Where a frontage carries several signs the whole set is easier to consent together, because amenity is judged on what the elevation looks like overall.
Two internally illuminated fascia signs and two non-illuminated projecting signs to a retail frontage, approved on a scheme applied for in the ordinary way. An earlier application at the same address had sought to retain signs already displayed, which is the harder application and the avoidable one.
Every planning application we make in our own name is a matter of public record on a council register, and ours reach more than 100 planning authorities across the UK.
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→ Start a conversationA great many signs need nothing, and it is worth establishing that before anyone pays a fee. The regulations grant consent automatically for whole classes of advertisement, and between them those classes cover most of what an ordinary business actually puts up.
A modest sign on the premises of the business it relates to, a temporary sale or letting board, a notice about a forthcoming event, a nameplate, a directional sign: each of these has its own class, and each comes with conditions and limits on size, height, illumination and number. Stay inside them and there is nothing to apply for.
The catch is that every one of those permissions is conditional, and it stops the moment a sign exceeds its class. That is where almost all trouble on this subject starts: not with a business that ignored the rules, but with one that assumed a sign it was entitled to display in a smaller or unilluminated form was equally allowed at the size and brightness it wanted.
Three things change the answer regardless of class. A listed building brings in listed building consent, which is a separate regime that neither advertisement consent nor planning permission stands in for. An area of special control, which authorities apply to places where stricter rules are thought necessary, tightens or removes whole categories. And a direction can withdraw deemed consent for particular classes in a defined area, which is common on approaches to town centres and along scenic routes.
It is also worth being clear about what counts as an advertisement, because the definition is far wider than a shop sign. It reaches any word, letter, model, sign, placard, board, notice, device or representation used wholly or partly for advertisement, announcement or direction, including the structure it is on. Flags, banners, vinyl in a window, a name painted on a wall and a totem in a car park are all inside the system, whatever anyone calls them.
Four routes cover everything, and they get harder in this order. Most signs never leave the first two.
A small group of advertisements is excepted from control altogether, including some displayed inside a building. Nothing is applied for and no conditions attach, because the regulations simply do not reach them. It is the shortest answer available and the first one to test for.
Consent granted automatically by the regulations for defined classes, each with conditions and limits on size, height, illumination and number. It covers most everyday business signage, and it is why the majority of shopfronts in the country have never been the subject of an application.
An application to the local planning authority for a specific advertisement or for the use of a site to display them. It carries a fee and a determination period like any application, and where none is specified in the grant, the consent runs for five years and then expires.
Consent can be applied for to retain or continue a display that has already gone up, and it is decided on the same two tests as any other. What has changed by then is everything else: the authority is on notice, and an offence may already have been committed.
Where an application is needed, the assessment is narrower than in any other part of the planning system, and knowing exactly how narrow is the most useful thing on this page. The regulations require an authority to exercise its powers in the interests of amenity and public safety. That is the whole list.
Amenity means the general characteristics of the locality, including any feature of historic, architectural, cultural or similar interest. In practice that is scale against the frontage, whether illumination suits the street, and what a sign does to a building that has something worth looking at. Public safety means the safety of anyone using a highway, railway, waterway, dock, harbour or aerodrome, whether a sign would obscure a traffic sign, a railway signal or an aid to navigation, and whether it would hinder a device used for security, surveillance or measuring the speed of vehicles.
What is not on the list matters just as much. The regulations go further than silence: unless it is necessary in the interests of amenity or public safety, a consent may not contain any limitation or restriction relating to the subject matter, content or design of what is displayed. A council does not get to decide whether a business is the right sort for the street, and it cannot condition the wording.
That cuts both ways, and the second edge is the one worth remembering. Because content is off the table, an application cannot be improved by arguing that the business is a good thing for the area, that it employs people locally, or that the previous occupier's sign was worse. None of it is relevant, and a submission built on it is a submission that has not engaged with the test. What moves an assessment is a drawn elevation at a stated scale, a specification of materials and finishes, an illumination level, and where relevant a note on what the sign does to a listed shopfront or a view along a street.
The narrowness also makes refusals unusually appealable. Where a decision rests on something outside the two tests, it rests on nothing the regulations authorise, and that is a far cleaner argument than most planning appeals ever get to make. It is also why conditions on advertisement consents repay reading: a condition limiting hours of illumination is defensible, a condition about what may be written is not.
Five years, unless the council specifies a different period when it grants it. It is a condition of the consent rather than a deadline for putting the sign up.
The regulations provide that an express consent expires at the end of whatever period the local planning authority specifies, and where none is specified, at the end of five years. That surprises people, because a planning permission for a building does not lapse once it is built. A sign is different: the consent is to display, and displaying is a continuing act. In practice authorities rarely pursue a lapsed consent on an unchanged sign, but the expiry matters at three moments that come up constantly, and all three are transactions: a sale, a lease renewal, and a refinancing, where a solicitor will ask for the consent and will notice the date on it. The regulations also provide a deemed consent class for an advertisement displayed after an express consent has expired, so a continuing display is usually covered, subject to that class's own conditions and to the council's power to require it to be discontinued.
Usually not. Advertisement control is a separate system that runs instead of planning permission for the display itself, but the works to fix it can be a different matter.
Displaying an advertisement with consent under the advertisement regulations is treated as granted planning permission for that display, so two applications are not needed for the sign. What can still need permission is anything that is development in its own right: a new shopfront, a substantial structure carrying a totem or a gantry, or works that alter the building materially. On a listed building the position is different again and stricter, because listed building consent is a third regime that neither of the other two displaces, and an illuminated sign fixed into historic fabric will usually need it.
It is consent granted automatically by the regulations for defined classes of advertisement, so no application is made and nothing is paid.
The regulations set out classes of advertisement that may be displayed without applying, each with its own conditions and limits on size, height, illumination and number. The classes cover the everyday cases: a sign on the premises of the business it relates to within stated limits, temporary notices such as a sale or letting board, a notice about a forthcoming event, a business nameplate, and directional signs. Deemed consent is not a free hand. Every class is conditional, and the moment a sign exceeds the limits of its class it needs express consent instead, which is how most enforcement on this subject begins. There is also a small group of excepted advertisements that fall outside the system entirely, including some displayed inside a building. The class that carries most ordinary shopfronts is the one for non-illuminated advertisements on business premises, where no single advertisement may exceed 1.55 square metres and nothing may sit more than 4.6 metres above ground, or 3.6 metres in an area of special control.
No. It may only act in the interests of amenity and public safety, and the regulations expressly prevent it from conditioning the content.
The regulations require an authority to exercise its powers in the interests of amenity and public safety, taking account of the development plan and any other relevant factors. Amenity means the general characteristics of the locality, including any feature of historic, architectural, cultural or similar interest. Public safety means the safety of people using a highway, railway, waterway, dock, harbour or aerodrome, whether the sign would obscure a traffic sign, railway signal or aid to navigation, and whether it would hinder a device used for security, surveillance or measuring vehicle speed. And unless it is necessary in the interests of amenity or public safety, a consent may not contain any limitation or restriction relating to the subject matter, content or design of what is displayed. Commercial competition is not a consideration at all.
It is a criminal offence rather than a planning breach, and the fine can run daily after conviction.
Displaying an advertisement in contravention of the regulations is an offence under section 224 of the Town and Country Planning Act 1990, prosecuted summarily. The maximum is a fine at level 4 on the standard scale, and for a continuing offence a further fine of one tenth of level 4 for each day it continues after conviction. Liability reaches beyond whoever put the sign up: it extends to the owner or occupier of the land and to anyone whose goods, trade or business the advertisement publicises, unless they can show it was displayed without their knowledge or that they took reasonable steps to prevent or remove it. That last point is why a landlord should care what a tenant fixes to the building.
Yes, through a discontinuance notice, even where the sign was lawfully displayed under deemed consent.
A discontinuance notice requires the display to stop or an existing site to stop being used, and it is the tool an authority reaches for where something displayed under deemed consent is causing substantial injury to amenity or a danger to members of the public. The notice is appealable, and it does not take effect immediately. Authorities also have wider powers in an area of special control, which is a designation applied to places where stricter rules are thought necessary, usually rural areas and areas of particular character, and where whole categories of advertisement are prohibited or more tightly limited than they are elsewhere.
Almost always. Listed building consent is a separate regime and the advertisement consent does not stand in for it.
A listed building is protected inside and out, and fixing a sign to one means putting fasteners into historic fabric, which is an alteration affecting its special interest. So an application for listed building consent runs alongside the advertisement application, and the two are usually determined together. The practical consequences are about detail rather than principle: fixings taken into mortar joints rather than through stone or brick, individually mounted letters rather than a fascia panel across an original shopfront, external rather than internal illumination or none at all, and a specification that can be removed later without a trace. A well-detailed sign on a listed building is routinely consented. A standard corporate one routinely is not.
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