Regulation 7 Advertisements on sites used for preceding ten years for display of advertisements without express consent

In Part 1 of Schedule 3 after CLASS 11 insert—

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CLASS 12	Advertisements on sites used for preceding ten years for display of advertisements without express consent
Description	An advertisement displayed on a site that has been used continually for the preceding ten years for the display of advertisements without express consent.
Conditions	(a) The advertisement does not fall within this description if, during the relevant 10-year period, there has been either a material increase in the extent to which the site has been used for the display of advertisements or a material alteration in the manner in which it has been so used. (b) If any building on which such an advertisement is displayed— (i) is removed in compliance with a requirement of, or under, any statutory provision; (ii) is removed in any other circumstances; or (iii) is destroyed by any means; the erection of any building to continue the display is not permitted. (c) Illumination is not permitted unless— (i) the advertisement is displayed with illumination on 19th February 2009; or (ii) the advertisement is first displayed after that date, and the advertisement most recently displayed was illuminated. (d) An advertisement that— (i) comprises sequential displays; or (ii) otherwise includes moving parts or features; or (iii) features intermittent lighting in a manner designed to give the appearance of movement, is not permitted unless— (aa) it is displayed on 19th February 2009 and falls within the description specified in any of sub-paragraphs (i) to (iii); or (bb) it is first displayed after that date, and the advertisement most recently displayed fell within any such description.

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