OpenLegislation

Regulation 6 Discontinuance of deemed consent

Original text. Later amendments are not shown.

After regulation 6, insert the following regulation—

“Discontinuance of deemed consent

6A.
(1)

If it appears to the Department that to remedy a substantial injury to the amenity of the locality or a danger to public safety—

(a)

the display of a particular advertisement for which there is deemed consent should be discontinued; or

(b)

the use of a particular site for the display of advertisements for which there is deemed consent should be discontinued or that any conditions should be imposed on the continuance of a use of the site,

the Department may by order require the discontinuance of that consent or use within such time as may be specified in the order, or impose such conditions as may be so specified on the continuance of the use, as the case may be.

(2)

Before making an order under this regulation, the Department shall serve notice on the person displaying the advertisement and on any other person who in its opinion would be affected by the order; and if within such period as may be specified in that behalf in the notice (not being less than 28 days from the date of service thereof) any person on whom the notice is served so requests in writing, the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission.

(3)

A notice under paragraph (2) shall contain a statement of the reasons why the Department—

(a)

considers that a substantial injury to the amenity of the locality or a danger to public safety, as the case may be, has been caused; and

(b)

considers it necessary to make an order under paragraph (1).

(4)

Where the Department makes an order under this regulation it shall serve a copy of the order on the person displaying the advertisement to which the order relates and on any person who in its opinion would be affected by the order.

(5)

In considering whether to make an order under this regulation, the Department shall have regard to any material change in circumstances that has occurred.”.