As independent town planning consultants, we at Planning House recognise the significance of Advertisement Consent, so in this article we aim to shed light on its importance and when it is required.
In today’s competitive business landscape, effective advertising plays a crucial role in promoting products, services, and brands. However, when it comes to advertising within England, it is vital to understand the regulations and legal requirements surrounding outdoor advertisements.
Understanding Advertisement Consent
Advertisement Consent is a permission that grants individuals or businesses the right to display outdoor advertisements. It is a legal requirement under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. These regulations ensure that advertisements contribute positively to the local environment, while also considering public safety and amenity.
When is it Required?
Determining whether an advertisement requires consent can sometimes be complex, as it depends on various factors such as the type of advertisement, its size, location, and whether it is permanent or temporary. However, there are general guidelines that help identify when consent is required:
- New Advertisements: If you plan to erect a new advertisement, regardless of its size or location, Advertisement Consent is required unless it falls under one of the permitted exemptions.
- Alterations to Existing Advertisements: Any substantial alterations to existing advertisements, such as changes to size, illumination, or content, may trigger the need for Advertisement Consent.
- Listed Buildings and Conservation Areas: In conservation areas certain advertisements on hoardings around building sites and all illuminated advertisements need Advertisement Consent (except for those indicating medical supplies or services). New or altered signage on a listed building will always require Listed Building Consent and may also require Advertisement Consent. The appearance of a listed building can be harmed by inappropriate signage. However, carefully designed signage can enhance a building.
- Digital or Moving Advertisements: Digital or moving advertisements, including LED screens and video displays, generally require Advertisement Consent due to their potential visual impact and potential distraction to road users.
- Temporary Advertisements: Temporary advertisements, such as banners, flags, and posters, may also require consent depending on their size, location, and duration of display.
- Change of Use: If you change the use of a property, the existing advertisements may become not applicable, necessitating a fresh assessment for Advertisement Consent.
The Benefits of Obtaining Advertisement Consent
Regulation Compliance: By obtaining Advertisement Consent, you ensure that your advertising efforts are compliant with the relevant regulations, reducing the risk of enforcement action or potential fines.
Enhancing Brand Image: Displaying advertisements in accordance with the local planning regulations reflects a responsible and considerate approach, positively impacting your brand’s reputation in the community.
Engaging Local Authorities: By seeking Advertisement Consent, you actively engage with the local planning authority, building a positive relationship and demonstrating your commitment to adhering to planning regulations.
Maximising Advertising Impact: By working closely with town planning consultants, you can ensure your advertisements are strategically placed and designed to achieve maximum impact, reaching your target audience effectively.
What is the worst that could happen if a business fails to obtain Advertisement Consent?
If a business in England fails to obtain Advertisement Consent and proceeds to display advertisements without proper authorisation, several consequences may arise, potentially leading to legal and financial repercussions. Here are some of the potential worst-case scenarios:
Enforcement Action: The local planning authority has the power to take enforcement action against unauthorised advertisements. This can include serving an enforcement notice, which requires the removal or alteration of the advertisement within a specified timeframe. Failure to comply with the notice can result in prosecution, fines, and the authority taking direct action to remove the advertisement at the business’s expense.
Fines and Legal Proceedings: If a business continues to display advertisements without consent, legal proceedings may be initiated. This can lead to significant fines and legal costs, further impacting the financial stability of the business.
Negative Brand Image: Operating without Advertisement Consent can harm a business’s reputation. It may be seen as disregarding local regulations, which can lead to negative public perception and a loss of trust from customers and the community.
Loss of Advertising Investment: If an advertisement has been created and placed without consent, the business may face the unfortunate consequence of losing the investment made in designing, producing, and placing the advertisement.
Disruption of Advertising Campaigns: In cases where enforcement action is taken, the removal or alteration of unauthorised advertisements can disrupt ongoing advertising campaigns, resulting in lost exposure and potential revenue.
Inability to Recoup Costs: Without proper consent, the business may be unable to recoup costs associated with the advertisement, such as printing, installation, or ongoing maintenance expenses.
Limited Advertising Opportunities: Non-compliance with advertisement regulations can impact future advertising opportunities. The local planning authority may scrutinise any future advertisement applications from the business more closely, potentially leading to increased restrictions or refusal of consent.
As independent town planning consultants, we stress the importance of obtaining Advertisement Consent to ensure compliance with the relevant planning regulations in the UK. Whether you are a business owner, advertiser, or developer, understanding when Advertisement Consent is required and proactively seeking it will help you navigate the planning process smoothly, enhance your brand image, and maximise the impact of your advertising efforts.
By working with professionals experienced in town planning, you can ensure that your advertisements not only captivate your target audience but also contribute positively to the local environment and community. Take a look at blog on When to Hire a Town Planner our download a Guide on How to Choose a Town Planner, and don’t hesitate to get in touch if you require assistance.
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