Development management answers: Banner advertisement query

Q QA children's nursery operator wishes to display a banner on the fence of a nearby allotment advertising the business. As the banner is not displayed at the nursery itself, does this mean consent is automatically required? JM

A Many deemed consent categories in the Town and Country Planning (Control of Advertisements) Regulations 2007 only permit advertising on the premises to which the proposed advertisement relates. There is no deemed consent provision covering the situation described in the question, so this banner would require express consent. Furthermore, assessing the application fee might not be straightforward. The Town and Country Planning (Fees for Applications etc) (England) Regulations 2012, as amended, include a category for "advance" signs directing the public to "business premises" with a fee of £132. For this to be applicable, the advertisement must relate to business premises that are not visible from the sign. If the nursery does not operate as a business or if the premises are visible from the sign, the fee then shoots up to the rather steep sum of £462. John Harrison

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