From: hex@unseen.ac.am 
  
 On 20/09/2025 21:06, Mark Goodge wrote: 
 > 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: 
  
 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? 
  
 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. 
  
  
  
  
 > 
 >    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. 
 > 
  
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