Planning consents (permissions) for new outdoor advertising structures is a devolved issue across UK nations. In practice, however, the policies and frameworks in place in England, Scotland and Wales closely overlap. They are all based on ‘deemed’, ‘granted’ and ‘express’ consent models and all only consider ‘amenity’ and ‘public safety’ as grounds for refusal or consent.
The Town and Country Planning (Control of Advertisements) Regulations 1992 originally covered England and Wales but after devolution and more recent updates there are now two separate sets of regulations although they remain very similar.
England
The Town and Country Planning (Control of Advertisements) (England) 2007 are currently applicable to England only.
Wales
Planning is a devolved issue and the Welsh advertising regulations were last updated in 2017 following devolution and are in The Town and Country Planning (Control of Advertisements) (Amendment) (Wales) Regulations 2017. There is also a Technical Advice Note on Outdoor Advertising Control from 1996 which is still relevant.
The functions of the Secretary for State, so far as exercisable in relation to Wales, were transferred to the then National Assembly for Wales (now the Senedd) by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999. Those functions were then transferred to the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006. Therefore, where the Secretary of State is mentioned this role now sits with Welsh Ministers.
Scotland
Planning is a devolved issue and the Scottish advertising regulations were updated in 2014 in The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2014. This updated The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 which had updated The Town and Country Planning (Scotland) Act 1972 which was abolished following devolution in 1997. Scottish Ministers have taken on the role of Secretary of State following devolution.
Northern Ireland
Planning is a devolved issue and the Planning (Control of Advertising) Regulations (Northern Ireland) 2015, which updated the Planning (Control of Advertising) Regulations (Northern Ireland) 1992, is the current legislation. The Regulations are based on Section 130 of the Planning Act (Northern Ireland) 2011, which requires councils to regulate the display of advertisements to ensure public safety and amenity.
The Department of the Environment for Northern Ireland (DOENI) was responsible for planning control in Northern Ireland, including control of outdoor advertisements. The Planning Service, an Agency within the Department, administered its planning functions. The department’s Planning Policy Statement (PPS 17) from 2006 set out the department’s policy and guidance for outdoor advertisements.
However, in 2016 the DOENI was dissolved and became the Department for Communities (DfC) and planning responsibilities were transferred to the Department for Infrastructure (DfI), who now share responsibility for planning, including advertising, in Northern Ireland with local councils. When ‘the Department’ is mentioned in the the Planning (Control of Advertising) Regulations (Northern Ireland) 2015 this now refers to the DfI.
Appeals are dealt with by the Planning Appeals Commission.