From: usenet@listmail.good-stuff.co.uk 
  
 On Sat, 20 Sep 2025 12:52:18 +0100, Fredxx  wrote: 
  
 >On 19/09/2025 15:06, Mark Goodge wrote: 
 >> 
 >> As I said, both in the original post and this one, it is covered by 
 planning 
 >> law. The specific problem is that planning law is entirely toothless 
 against 
 >> this kind of very short-term projection, as it will never reach the 
 >> threshold for prosecution. Which means that people can use projectors in 
 >> this way with total impunity. 
 > 
 >Planning law deals with permanent feature, whether property or use of a 
 >property or signs. Not generally a temporary use. 
  
 That's not true; even temporary things can require planning permission, 
 depending on what they are. Advertising, in particular, is one which does. 
 There's no general exemption for temporary adverts in The Town and Country 
 Planning (Control of Advertisements) (England) Regulations 2007. The basic 
 wording is quite explicit: 
  
   Subject to paragraph (2), no advertisement may be displayed unless consent 
   for its display has been granted 
  
 (section 4 paragraph 1) 
  
 Paragraph 2 then goes on to direct the reader to the list of specific 
 exceptions set out in the schedules, of which there are two categories: 
 those which are exempt from needing consent, and those which are considered 
 to have deemed consent. 
  
 There are nine classes of adverts (labelled class A to class I) which are 
 always exempt from the need for consent. These include, inter alia, adverts 
 wholly within a building that cannot be seen from outside it, adverts 
 related to elections and referendums (eg, candidate posters and placards), 
 and certain flags (such as the union flag and the cross of St George). I 
 mention these here because the fact that the law explictly exempts them from 
 requiring consent means that the law does regard them as adverts, even 
 though they are not being used for commercial purposes[1]. But there is no 
 exemption for temporary adverts, at all. 
  
 There are then 17 classes of adverts (number, in this case, numerically from 
 class 1 to class 17) which are considered to have deemed consent - that is, 
 consent is assumed to ahve been granted unless explicitly withdrawn. The 
 difference between exempt from consent and deemed consent is that no 
 authority can prevent the display of an exempt advert, but planning 
 authorities can, under certain circumstances, override deemed consent (the 
 most common circumstances in which they do so is where the location is 
 within a conservation area). 
  
 Unlike exempt calsses, the deemed consent classes does include one (Class 3) 
 for "Miscellaneous temporary advertisements",  which are futher described in 
 the Regulations as: 
  
   3A. An advertisement relating to the sale or letting, for residential, 
   agricultural, industrial or commercial use or for development for such 
   use, of the land or premises on which it is displayed. 
  
   3B. An advertisement announcing the sale of goods or livestock, and 
   displayed on the land where the goods or livestock are situated or where 
   the sale is held, not being land which is normally used, whether at 
   regular intervals or otherwise, for the purpose of holding such sales. 
  
   3C. An advertisement relating to the carrying out of building or similar 
   work on the land on which it is displayed, not being land which is 
   normally used, whether at regular intervals or otherwise, for the purposes 
   of carrying out such work. 
  
   3D. An advertisement- 
       (a) announcing any local event of a religious, educational, cultural, 
           political, social or recreational character, or 
       (b) relating to any temporary matter in connection with an event or 
           local activity of such a character, 
   not being an event or activity promoted or carried on for commercial 
   purposes. 
  
   3E. An advertisement relating to any demonstration of agricultural methods 
   or processes, on the land on which it is displayed. 
  
   3F. An advertisement relating to the visit of a travelling circus, fair or 
   similar travelling entertainment to any specified place in the locality. 
  
 Those cover quite a lot of scenarios, but the list is exhaustive - if a 
 temporary advert does not fall within classes 3A to 3F then it does not have 
 deemed consent, and thus requires explicit consent. 
  
 Class 3D is one which often generates a lot of debate - it permits temporary 
 adverts for non-commercial events, but not for commercial events. But the 
 Regulations don't define what is or is not commercial. And people often have 
 different ideas about what that means. Again, though, the fact that 
  
 [continued in next message] 
  
 --- SoupGate-Win32 v1.05 
  * Origin: you cannot sedate... all the things you hate (1:229/2)