From: hex@unseen.ac.am 
  
 On 21/09/2025 13:06, Mark Goodge wrote: 
 > On Sat, 20 Sep 2025 23:34:25 +0100, Norman Wells  wrote: 
 > 
 >> On 20/09/2025 21:06, Mark Goodge wrote: 
 > 
 >>> 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: 
 >> 
 >> Indeed it is.  It is restricted, as its name suggests, to 
 >> 'advertisements'.  So, to invoke that, you need to establish that what 
 >> was projected in Windsor was actually an 'advertisement'.  Can you? 
 >> 
 >> Is any news broadcast showing the same images an 'advertisement'.  If 
 >> not, what's the legal difference you think exists? 
 > 
 > News broadcasts are typically displayed within premises, so they are 
 > excluded as they are not in public - in this context, it's the display 
 which 
 > needs consent, not the source. 
 > 
 >> Incidentally, I note that the above Regulations do not define the term 
 >> 'advertisement', so it falls to be be interpreted according to its 
 >> ordinary English-language meaning, ie as found in dictionaries, which 
 >> I'm sure you will find helpful. 
 > 
 > An advertisement is, as the dictionaries say, an announcement of something. 
 > 
 > But, anyway, as you would have seen had you bothered to actually read the 
 > Regulations, the Regulations merely apply the legislation set out in The 
 > Town and Country Planning Act 1990. Which does include the following 
 > definition: 
 > 
 >    "advertisement" means any word, letter, model, sign, placard, board, 
 >    notice, awning, blind, device or representation, whether illuminated or 
 >    not, in the nature of, and employed wholly or partly for the purposes 
 of, 
 >    advertisement, announcement or direction, and (without prejudice to the 
 >    previous provisions of this definition) includes any hoarding or similar 
 >    structure used [or designed], or adapted for use [and anything else 
 >    principally used, or designed or adapted principally for use,], for the 
 >    display of advertisements, and references to the display of 
 advertisements 
 >    shall be construed accordingly; 
 > 
 > The three key words in there are "advertisement, announcement or 
 direction". 
 > All of these are covered by the section on advertisements in The Town and 
 > Country Planning Act 1990, and hence are also included in the regulations 
 > set out by The Town and Country Planning (Control of Advertisements) 
 > (England) Regulations 2007. 
  
 First, there's a considerable doubt over whether what was done in 
 Windsor amounted to any of 'advertisement, announcement or direction'. 
  
 I don't think it did in any ordinary English sense. 
  
 Second, of course, Section 3(1) of the Regulations only empowers a local 
 planning authority to: 
  
 "exercise its powers under these Regulations in the interests of amenity 
 and public safety". 
  
 If those aspects don't exist, and I don't see how they did in the 
 Windsor case, then the authority has no powers to do anything about it, 
 and any attempt to do so would be them acting ultra vires and unlawfully. 
  
 --- SoupGate-Win32 v1.05 
  * Origin: you cannot sedate... all the things you hate (1:229/2)