Forum

Q: We are not sure in our office how the Town and Country Planning (Control of Advertisement) Regulations 2007 deal with advertisements displayed within a building. Can you give us some help, please? BS

A: Advertisements inside a building are covered by class I, schedule 1 and class 12, schedule 3 of the regulations. Class I allows an advert to be displayed inside a building as long as it is not illuminated and is not within one metre of an external door or window. Class 12 grants deemed consent for any other advert inside a building where class I does not apply, unless it is on the glass of a phone box. There are no size limits on the adverts that may be displayed. However, an advert under class 12 can be removed by a discontinuance notice and can be affected by a direction restricting deemed consent. David Walker

AThe starting point building is class 12, schedule 3. Class I, schedule 1 becomes relevant if you are seeking to serve a discontinuance notice. This can be served against adverts displayed with deemed consent under class 12, but not if they fall within class I, in which case they are not controlled and no consent is required. Similarly, an advert falling within classes E or F that may be displayed within a building are not controlled and no consent is required. I think class I gets more attention because it appears before class 12 in the regulations and people do not look any further. Alan Kendall

NEXT QUESTIONS

We are puzzled by the inspector's decision on a lawful development certificate appeal relating to a site in Wales (

). A single-storey building on the edge of a park was used by the local authority to store vehicles and equipment in connection with its maintenance of public open space in that part of its area and it also had an ancillary messroom. I consider that this surely falls within the B8 storage and distribution use class, but the inspector did not. We would welcome any views on this finding. GC

A house on a corner has a vehicular crossover to an unclassified side road. The crossover has not been used for many years, but the occupiers now want to remove part of a two-metre-high fence and replace it with a gate of the same height, so that they can park a car in their back yard. As the yard is very small, I am concerned that this would effectively leave the house with no garden. Would this proposal need planning permission and, if so, would it be reasonable to refuse the application? CG

Do you have an answer to these questions? If so, please email it to Forum editor John Harrison at casebook@haymarket.com by 20 November. We also welcome your queries, which can be emailed to the same address.

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Our technical team are investigating the problem. We apologise for any inconvenience caused. However, questions and answers can still be emailed to Forum editor John Harrison at casebook@haymarket.com.


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