From: jethro_uk@hotmailbin.com 
  
 On Sat, 20 Sep 2025 22:32:13 +0000, Roger Hayter wrote: 
  
 > On 20 Sep 2025 at 21:06:08 BST, "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: 
 >> 
 >>   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 withdrawn.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 temporary non-commercial event adverts are given 
 >> deemed consent indicates clearly that the law, despite them not being 
 >> for commerce[1], does consider them to be adverts. 
 >> 
 >> [1] I know you're not making the claim that commerce is an essential 
  
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