From: roger@hayter.org 
  
 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 consent is assumed to ahve been granted unless explicitly withdrawn.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. 
 > 
  
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