Author: Alistair Paul, Associate, Planning, Real Estate, London
Cases involving advertisement consents rarely make it beyond the High Court but the recent case of Putney Bridge Approach Ltd v (1) Secretary of State for Communities and Local Government (2) Hammersmith & Fulham London Borough Council & JC Decaux Ltd made it all the way to the Court of Appeal. The case concerned deemed consent for the use of an office building for the display of illuminated advertisements on the River Thames. The Council’s decision to withdraw deemed consent on the grounds that the display of the advertisements was likely to cause substantial injury to the amenity of the locality was upheld first by a planning inspector, then by the Planning Court (part of the High Court) and then, in October last year, by the Court of Appeal. This case serves as a reminder that the advertisement consent regime is not without its complexities so we thought it would be useful to publish a short blog on the basics of advertisements law in England.
The display of advertisements is controlled under a separate regime within the planning system. This blog post considers advertisement control in England under that separate regime, which is governed principally by the Town and Country Planning (Control of Advertisement) (England) Regulations 2007 (the “CAR 2007”). In particular, we discuss:
- What is an ‘advertisement’?
- Who controls advertisements?
- Is express advertisement consent always required?
- Is planning permission also required for the display of advertisements?
- Are conditions attached to advertisement consent?
- What powers are there to erect advertisements in the highway?