Advertisement Control

Barnsley Metropolition Borough Council are primarily responsible for the control of advertisements. They are required to consider applications for permission to display adverts and to exercise enforcement powers over existing and unlawful advertisements.
The latest Regulations and Guidance can be found by clicking on the following links:-

• Town and Country Planning (Control of Advertisements) (England) Regulations 2007
• Outdoor advertisements and signs: a guide for advertisers

Find out more

What is an advertisement?

Do I need planning permission

Refusal of Advertisement Consent

Illegal Advertisements

Other useful links

Planning Application Forms

Planning Fee Sheet

 What is an advertisement?

Posters and Notices
Placards and Boards
Fascia signs and projection signs
Pole signs and canopy signs
Models and devices
Advanced signs and direction signs
Estate agents boards
Captive balloon advertisements
Flag advertisements
Price markers and price displays
Traffic signs
Town and village name signs  
Note: Memorials and railway signals are not regarded as advertisements

 

Do I need planning permission?

There are three groups of advertisement for which differing planning rules apply.
• Adverts that are specifically exempt from control. (i.e. normally permitted) (link to further down page)
• Adverts for which 'deemed consent' is available (i.e. no planning permission is required if certain rules are satisfied) (link to further down page)
• Adverts for which 'express consent' is always needed (link to further down page)

Adverts that are specifically exempt from control. (i.e. normally permitted)

1.  Adverts on enclosed land:-
such as within a football stadium, bus or railway station
2.  Adverts displayed on vehicles:-
 (Including boats etc) which are normally moving: such as buses, lorries, ferries.
3.  Adverts which are an integral part of a buildings fabric:-
 i.e. where a name or other device is carved or let  into stone or brick etc.
4.  Adverts which are in the form of brand names:-
such as displayed on petrol pumps, vending machines etc.
• These adverts should not exceed 0.1 sq metres in area and
• Must not be illuminated.
5.  Adverts related to local, national or European elections:-
• which must not remain displayed or more than 14 days after the close of the poll.
6.  Adverts required by parliamentary orders:-
• such as planning application and appeal notices, enforcement notices, footpath diversion order notices.
7.  Traffic signs:-
which are located within land comprising the public highway.
9.  A national flag of any country:-
• which may be flown on a single vertical flagpole,
• does not have anything added to the national emblem.

9. Adverts displayed in buildings:-
• including shop windows, where the advert must be more than 1m from the window
• adverts should not be illuminated
•  

Adverts for which 'deemed consent' is available (i.e. no planning permission is required if certain rules are satisfied)

CLASS 1 - 'Functional Advertisements':-
Required by Public Bodies to provide directions or information about services, such as bus and rail timetables or public warning and information notices.
• Advertisements must not exceed 1.55 square metres in area and a reasonable degree of illumination is allowed to enable the information or directions to be read in hours of darkness.

CLASS 2 - Miscellaneous advertisements on any premises:-
For a variety of small signs in and on buildings to which they relate.

Class 2A -  identification, direction or warning signs. Such as house numbers or names, 'no parking' signs, 'beware of the dog' notices etc.
• Adverts must not exceed 0.3 sq m.
• Illumination is NOT allowed.

Class 2B -  professional, business or trade signs for the premises concerned.
• brass plates for doctors, dentist, surveyors etc
• the name of the company operating from the premises.
• Adverts must not exceed 0.3 sq m.
• Two adverts may be displayed at different entrances if on different road frontages.

Class 2C -  permits, notices or signs concerning religious, educational, cultural, medical or other similar institutions, or
• Any Inn or public house, block of flats, club , boarding house or hostel
• Adverts may not exceed 1.2 sq m.
• Two adverts may be displayed at different entrances if on different road frontages.

Class 2B and C Advertisements may be illuminated with deemed consent if the illumination is intended to indicate that medical or similar services or supplies are available at the premises.
No letters, figures, symbols or devices may be over 0.75m in height (750mm), or 0.3m in height if the premises are in an Area of Special Control of Advertisements.[ASCA]

CLASS 3 - Temporary Advertisements:

Class 3A - Estate agents boards etc:-
They must not exceed 2 sq.m (or 2.3sq.m in total if two boards are to be joined together) for agricultural, commercial or industrial sales or lettings.
0.5 sq.m per board (or 0.6 sq.m if joined together) for residential sales or letting purposes. Boards may not extend outward from a wall in excess of 1m. Only one board may be displayed on the premises and must be removed within 14 days of completion of a sale or letting.

Class 3B - Temporary Sales Notices:-
E.g. sale of farm livestock and equipment, house auction notices. The board may not exceed 1.2 sq.m and must be placed only at the place of sale.

Class 3C - Construction Site Boards:-
Which display the names and details of those firms working on the construction site. Boards should not exceed 2 sq.m for the display of one firm at the premises, plus 0.4 sq.m for each additional firm if they are sharing the board.
• if the development project is known by a particular name, the size of the advertisement board may be increased to enable the name to be displayed
• If the board is more than 10m from a road it may increase to 3 sq.m plus 0.6 sq.m per firm on that board.
• If the board is already being displayed, so that it is impracticable or inconvenient to add another name to it, any other firm, contractor or individual working at the site may display their own separate board for up to three months, provided that it is no larger than 0.5 of a square metre on each road frontage to the site of the project.
All boards under 3C must be removed after construction works have been completed.

CLASS 3D - Local Event Notices:-
That are not commercial, such as church fetes, amateur sports events, school open days etc. Essentially any advert for a non-commercial event by charitable, educational, religious, political, cultural, recreational or social groups.
• Adverts must not exceed 0.6 sq.m.
 
CLASS 3E - Agricultural Demonstrations:-
E.g. crop trials.
• Adverts may only be sited on the land where the demonstration is to take place, must be no larger than 1.2 sq.m in total for all notices (0.4 sq.m for individual notices) and may not remain in place exceeding 6 months in any year.
 
CLASS 3F - Adverts for Fairs & Circuses:-
• The Local Authority must be informed of the sites for the adverts 14 days before the notices are posted.
• The adverts may only be displayed up to 14 days in advance and must be removed within 7 days after the event.
• The notice or sign must not exceed 0.6 of a square metre.

IN ALL CLASS 3 ADVERTISEMENTS:
• No letters, numbers, symbols or devices may exceed 0.75m (750mm) in height (0.3m (300mm) in any Area of Special Advertisement Control).
• The highest part of the advertisement may not be more than 4.6m above ground level (3.6 m agl in Areas of Special Control [ASCA], except Estate Agents boards where the property to be sold or let is above that height).
• No Class 3 advert may be illuminated.
• If a Class 3 advertisement relates to a sale or event, it must not be displayed more than 28 days before the sale or event begins and must be removed within 14 days after it ends.

CLASS 4 - Illuminated Advertisements:
Illumination is permitted under this Class for internally illuminated letters or characters on an illuminated background or lit by 'halo' illumination where:-
• there is no flashing (intermittent) or moving light source,
• no animation
• no exposed cold cathode tubing and,
• there must be no more than one fascia panel and one projecting sign at right angles,
• for shops, the sign may only be displayed on a the wall with a shop window.
• the sign must be at least 2.5m high at its lowest point,
• fascia signs must not extend more than 250mm from a wall.
• Projection signs must not exceed 250mm in width between the two sides.

Class 4 is not available for any premises in a Conservation Area, Area of Outstanding Natural Beauty, The Broads or Area of Special Advertisement Control. [ASCA]

Class 4(A) permits internally or ‘halo’ illuminated advertisements on premises within a retail park but only on a frontage which faces or overlooks a communal car park. A projecting sign on these premises must not exceed 1 square metre, project more than 1 metre from the wall or be more than 1.5 metres high.

Class 4(B) permits internally or ‘halo’ illuminated advertisements on other business premises (see Class 5 below) if they relate wholly to the business or name or qualifications of the person carrying on the business or the goods sold or services provided. A projecting sign must not exceed 0.75 of a square metre in area, project more than 1 metre from the wall, exceed two-thirds of the width of any pavement below it, or be more than one-sixth of the frontage measured to the top of the advertisement.

CLASS 5 - Advertisements of Goods & Services:-
Which draw attention to any commercial or other services and goods for sale at business premises.
'Business Premises' includes:-
• offices,
• banks and building societies,
• shops and shopping centres,
• supermarkets of any size,
• theatres, cinemas, dance halls, bingo halls,
• amusement arcades,
• showrooms and garages,
• restaurants and cafes,
• factories and private works.
Class 5 only permits advertising of the Goods and Services available at the premises, including the name and qualifications of the business or individual providing the goods and services.
Eg "Butters Bakery" or "Ian P.Butter BSc FRICS CHARTERED SURVEYOR"
Class 5 adverts must not:-
• have letters, numbers or device larger than 0.75m in height (0.3m in an Area of Special Control [ASCA],
• have its highest part over 4.6m above ground level (3.6m in an ASCA),
• have its highest point above the level of the bottom of the first floor window in the wall where the advert is located,
• be illuminated (except for medical services or supplies [link]
• exceed 10% in area of the external face of the building in a Special Control Area, measured up to a height of 3.6m above ground level.
For shops: an advertisement may only be displayed on the external wall containing the shop window.
 
CLASS 6 - Advertisements on Business Forecourts:
Class 6 allows Class 5 advertisements to be displayed on business forecourts; i.e. notices, signs and adverts drawing attention to commercial services, goods for sale and other business services, such as, petrol filling stations, enclosed or separated areas in front of shops, or terrace in front of a restaurant.
'Forecourt' - includes any wall, screen, fence or other structure that encloses a forecourt, so long as the means of enclosure is not part of the business premises itself.
Any signs under Class 6 must be:-
• at ground level,
• not exceeding 4.5sq.m for all forecourt advertisements on each frontage to the forecourt. I.e. two forecourt frontages allows 9 sq.m with no more than 4.5 sq.m on either frontage.
• Must not be illuminated in any circumstances.
  A forecourt does NOT include the area of pavement in front of business premises which forms part of the highway.
Because Class 6 permits advertisements on the forecourt of business premises, any such notices, signs or advertisements must be at ground-level.
And the total permitted area for all forecourt advertisements must not exceed 4.6 square metres on each forecourt frontage to the premises. So a building with two forecourt frontages may have advertisements not exceeding 9 square metres in all, provided that those on each frontage do not exceed 4.6 square metres. Forecourt advertisements must not be illuminated in any circumstances.

CLASS 7 - Flag Advertisements: this deemed consent has no effect upon the display of the national flag under exempt advertisements.

Class 7A - allows one flag on one flagpole of any height, fixed upright on the roof of a building. The flag itself may only have the name, device, emblem or trademark of the person or company occupying the building.
The flag may alternatively refer to a particular event that is to take place in the building.
Flags are not allowed to advertise a product without advertisement consent.

Class 7B - permits the display of flags at house building sites and where houses remain available for sale, but not in National Parks, Areas of Outstanding Natural Beauty, Conservation Areas, The Broads or Areas of Special Control of Advertisements [ASCA]
• each flag must be on a single vertical flagpole,
• no more that 1 flag for sites of 10 or less houses,
• 2 flags for sites of 11 - 100 houses,
• 3 flags for sites with over 100 houses.
• no flagpole may exceed 4.6m high,
• no flag may exceed 2 sq.m in area,
• the flagpole must be removed before the end of 12 months from the completion of the last house. (there are special arrangements for phased developments).
 
CLASS 8 - Poster Hoardings Around Temporary Construction Sites:
Construction sites or buildings may be screened by poster hoardings for up to 3 years only, while work is being undertaken on the site.
This is only applicable to land being developed for commercial / business purposes and is NOT available for residential development sites.
This class allows some environmental benefit to flow from the screenage of the development site.

Class 8 is NOT available in National Parks, Areas of Outstanding Natural Beauty, Conservation Areas, The Broads or Areas of Special Control of Advertisements [ASCA]

Class 8 advertisements must not :-
• be displayed for more than 3 months before the start of works on the site,
• Be less than 1.5m high & 1m long, or more than 3.1m high and 12.1 m long,
• Be displayed for more than 3 years.
But may:-
be illuminated in a manner reasonably required for the purposes of the advert.
  Written notification must be sent to the planning department at least 14 days before the poster hoarding is erected, accompanied by a copy of the detailed planning permission for the site.
 
CLASS 9 - Four Sheet Poster Panels Displayed on Purpose Designed Highway Structures:
This may include purpose designed bus shelters, poster beacons in pedestrianised areas, information kiosks etc.
• the structure, such as a bus shelter or information kiosk, must be purpose-designed for displaying this size of poster-panel;
• the poster-panel must not exceed 2.16 square metres in area; and
• no illumination is permitted.

CLASS 10 - Neighbourhood Watch and other Watch Scheme Signs:
Class 10 enables outdoor signs for a closed circuit television surveillance scheme or a Neighbourhood Watch and other Watch schemes, jointly established by a local Watch committee and the police authority, to be displayed on, or near, highway land, saying that a Watch scheme is in operation in the area. This is also intended to include Home Watch, Crime Watch, Farm Watch and Industrial Watch schemes set up jointly with the police authority. Signs must NOT:-
• exceed 0.2 sq.m ( 457mm x 457mm),
• be more that 3.6m above ground level.
The local planning authority must be notified at least 14 days before a sign is to be erected to ensure it is properly authorised by the police and highway authority if necessary.
Any intended sign to be erected on highway land must first obtain the approval of the highway authority.
If support for the watch scheme is withdrawn the signs must be removed within 14 days.

 
CLASS 11 - Directional Advertisements: temporary signs used to direct visitors to house building sites. Adverts must:-
• not be more than 0.15 sq.m (380mm x 380mm),
• not be more than 4.6m above ground level, (3.6 m in [ASCA])
• not have lettering less than 40mm or more than 250mm high,
• not be illuminated or made of reflective material,
• not look like an official traffic sign,
• be near but not on highway land and not within 50m of an official traffic sign facing the same way.
• not be more than 2 miles from the main entrance to the house building site.
• not remain in place for more than two years
• be removed once the housing development is completed.
  14 days notice must be given to the local authority before any sign is erected with details of their location and intended date of erection.

 
CLASS 12 - Advertisements Displayed Inside Buildings:
Adverts may be displayed inside a building if:
• they are illuminated (eg Chemists sign)
• the building is mainly used to display advertisements or,
• the advertisement is within 1m of any window or other external opening from which it can be seen from outside the building.

 
CLASS 13 - Sites used to Display Advertisements for the preceding 10 years:
Class 13 allows advertisements to be displayed on a site that has been used continually for the preceding ten years for the display of advertisements. Class 13 does not permit any substantial increase in the extent, or alteration in the manner, of the use of the site or the display of the advertisement.

CLASS 14 - Advertisements Displayed after the Expiry of Express Consent:
An advertisement allowed under an express consent may be allowed to continue beyond the permitted period (usually 5 years), where the authority has not forbidden any further display or refused any renewal application.

CLASS 15: Captive balloons advertisements:-
One balloon advertisement may be displayed if it is:
• not more than 60 metres above the ground;
• not displayed for more than 10 days in any calendar year; and
• not in any Area of Special Control of Advertisements, National Park, Area of Outstanding National Beauty, Conservation Area or the Broads.
Although captive balloon advertisements displayed at a height of more than 60 metres above ground level may be displayed, they are subject to the civil aviation controls over all forms of aerial advertising, and you must obtain the Civil Aviation Authority’s consent before you fly any balloon ata height of more than 60 metres.

CLASS 16: advertisements on telephone kiosks
Class 16 allows the display of an advertisement on the glazed surface of a telephone kiosk, other than a kiosk of type K2 (1927) or K6 (1935) designed by Giles Gilbert Scott.
 [1] No advertisement may be displayed in an Area of Outstanding Natural
Beauty, a Conservation Area, a National Park, the Broards or an Area of
Special Control of Advertisements.
• Illumination is not permitted.
• With the exception of the name of the electronic communications code operator, its trading name or symbol, no advertisement may be displayed on more than one face of the kiosk.
• Where three or more kiosks are sited in a row or group, the display of an advertisement on any face of one kiosk shall preclude the display of an advertisement on the face of any adjacent kiosk.

Adverts for which 'express consent' is always needed.

Adverts that are not excluded from control or do not benefit from 'deemed consent' will require a specific application for Advertisement Consent.
Applying for Consent:
You will need to submit an application form and supporting information. You application should also be submitte along with the correct fee.
Supporting information usually consists: illustrative drawings and other details about the type and appearance of the advert you are seeking permission for. Details of size and design, any illumination proposed and colours to be used.
 planning application forms.

Consideration of the Application:
Your application is considered by the planning committee or dealt with under delegated powers.
The planning authority may only assess your application having regard to two issues, interests of amenity and interests of public safety.
Advice on these terms is given in Circular 03/2007 PPG.19.  (http://www.planningportal.gov.uk/england/professionals/en/1021020428181.html)

 
Refusal of Advertisement Consent

If the Council refuse consent, fail to give a decision within 8 weeks (or such longer period as may be agreed), or apply a condition on a grant of consent which you consider unacceptable, you may appeal to the Secretary of State.
An appeal must be lodged within 8 weeks of the date on which you received notification of the planning authority’s decision.
Appeal forms are obtainable from:
Customer Support Unit,
315 Eagle Wing, Temple Quay House,2 The Square, Temple Quay, Bristol. BS1 6PN.

enquiries@pins.gsi.gov.uk
http://www.planning-inspectorate.gov.uk

 
Illegal Advertisements

Anyone who displays an advertisement, or uses an advertisement site, or knowingly permits someone else to do so, without the consent required for it is acting illegally. It is then immediately open to the planning authority to bring a prosecution in the Magistrates’ Court for an offence under section 224 of the Town and Country Planning Act 1990. But, unless an offence is especially flagrant or repeated, the planning authority may not initially consider it necessary to prosecute for an advertisement offence.
Instead, they may invite the advertiser to apply for the consent they believe he needs, and, if consent is refused, there will be a right of appeal to the Secretary of State. The continued display of any advertisement after consent has been refused, and any appeal dismissed, may well result in prosecution. The maximum fine on conviction of an offence is presently £2,500, with an additional daily fine of one-tenth of the maximum penalty on conviction of a continuing offence.
It is illegal to display any advertisement (even if it has deemed consent) without first obtaining the permission of the owner of the site, or any other person who is entitled to grant permission.
Any form of fly-posting (that is, displaying an advertisement without consent) is an offence which is immediately open to prosecution, or to the removal or obliteration of any fly-posting material if the district council or London borough council decide to take remedial action against fly-posting in their area. In the case of a placard or poster, if the material identifies the advertiser displaying it, the Council must give two days’ written notice of the intention to remove or obliterate it. This advance notice gives the advertiser the opportunity to contest the Council’s proposed actions, but if the advertiser is not identified a placard or poster may be immediately removed or obliterated.

Last modified on 13/11/2008