Advertisement consents and the advertisement control regime


Published by a ³ÉÈËÓ°Òô Planning expert
Practice notes

Advertisement consents and the advertisement control regime


Published by a ³ÉÈËÓ°Òô Planning expert

Practice notes
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STOP PRESS: An updated version of the National Planning Policy Framework (NPPF) was published on 12 December 2024. This content is being reviewed in accordance with the latest version.

Statutory framework for advertisement control

The advertisement control system in England and Wales is part of the development control system. It is governed by the Town and Country Planning Act 1990 (TCPA 1990), and in England, by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, SI 2007/783 (the English Regulations) and in Wales, by the Town and Country Planning (Control of Advertisements) Regulations 1992, SI 1992/666 (the Welsh Regulations).

What is an 'advertisement'?

The advertisement control system covers a very wide range of advertisements, defined in TCPA 1990, s 336 as any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and includes any hoarding or similar structure used, or designed or adapted for use, and anything else principally

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Penalty definition
What does Penalty mean?

A penalty clause is one that determines the sum or penalty that must be paid on a contractual breach, but where that sum is greater than the likely loss resulting from that breach. When a sum specified as payable is extravagant or totally out of proportion to the range of possible losses that might be incurred, the provision will be a penalty and unenforceable to the extent that the sum is greater than the party’s actual loss.

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