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Legal

PP 2001/63

Q  In preparation for a change of use, for which there is a deemed permission under the 1995 General Permitted Development Order, we are about to carry out extensive interior alterations to a commercial building. The work will require hoardings. As apparently allowed by the Town and Country Planning (Control of Advertisements) Regulations 1992, we wish to place temporary advertisements on those hoardings, but the council has intimated that this would not be permitted. Are they right?
A  Yes. While Class 8 of Schedule 3 to the 1992 Regulations speaks of hoardings connected with building operations, it adds a proviso that limits such operations to those that are “in accordance with a grant of planning permission”. Your works will not need such permission. Nor can you say that they are permitted by the 1995 GDPO, since that permission relates solely to the intended change of use: see R (on the application of CB Advertising Ltd) v Hounslow London Borough Council [2001] 44 EG 149 (CS).
Assuming that the thinking behind Class 8 was that the ads will go with the rest of the mess, it is curious that your kind of case was not included.

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