Jen Hawkins & Malcolm Dowden advise when consent is required for a roadside advertisement
Marketing firms and websites are inviting passing motorists to “buy” roadside advertising space, often on trailers, in fields alongside major roads while farmers and landowners are being offered significant sums of money to install hoardings on their land. Confusion over the law has led some landowners to believe that they do not need consent from the local planning authority (LPA) to display the advertisements. However, if the government takes onboard recent campaigns and decides to act to stamp out unconsented motorway advertising, misconceived landowners out to make a fast buck could find themselves guilty of an offence.
LPA powers
It is clear that the primary responsibility for tackling the problems lies with LPAs. But tight resources and budget cuts may restrict the potential of LPAs to exercise their powers to take enforcement action. Clear guidance, stronger government policy, and further legislative empowerment are needed to support LPAs in carrying out their enforcement role.
In England, outdoor advertisements are controlled by Town and Country (Control of Advertisements) Regulations 2007
