Regulation 8 Discontinuance of deemed consentF1I1
England and Wales
The local planning authority may serve a notice requiring the discontinuance of the display of an advertisement, or of the use of a site for the display of an advertisement, for which deemed consent is granted under regulation 6 if they are satisfied that it is necessary to do so to remedy a substantial injury to the amenity of the locality or a danger to members of the public: but in the case of an advertisement within Class 12 in Schedule 3, they may not do so if the advertisement is also within Class F or Class G in Schedule 2.
A discontinuance notice—
shall be served on the advertiser and on the owner and occupier of the site on which the advertisement is displayed;
may, if the local planning authority think fit, also be served on any other person displaying the advertisement;
shall specify the advertisement or the site to which it relates;
shall specify a period within which the display or the use of the site (as the case may be) is to be discontinued; and
shall contain a full statement of the reasons why action has been taken under this regulation.
Subject to paragraphs (4) and (5) below, a discontinuance notice shall take effect at the end of the period (being at least 8 weeks after the date on which it is served) specified in the notice.
If an appeal is made to the Secretary of State under regulation 15, the notice shall be of no effect pending the final determination or withdrawal of the appeal.
The local planning authority, by a notice served on the advertiser, may withdraw a discontinuance notice at any time before it takes effect or may, where no appeal to the Secretary of State is pending, from time to time vary a discontinuance notice by extending the period specified for the taking effect of the notice.
The local planning authority shall, on serving on the advertiser a notice of withdrawal or variation under paragraph (5) above, send a copy to every other person served with the discontinuance notice.
Annotations
Textual amendments
- F1
Regulations repealed (E.) (6.4.2007) by The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783), regs. 1(1), 32(1) (with reg. 32(2)-(4))
Commencement
- I1
Reg. 8 in force at 6.4.1992, see reg. 1