Size, position, illumination and location matter. There is no reliable single area threshold that decides every shop sign. [1]
The three starting points
The advertisement regulations distinguish displays outside the authority's control, displays with deemed consent subject to conditions, and displays requiring an application for express consent. To rely on deemed consent, the sign must meet all the relevant conditions and limitations of its category. [1]
This is why a rule of thumb such as “small signs never need consent” is insufficient. A projecting sign, an illuminated fascia, a window advertisement and a freestanding display can raise different questions. Westminster's current guidance identifies illuminated fascias, projecting signs and hoardings among the displays that commonly require consent, while also recognising deemed-consent exceptions. [2]
Record exactly what will be displayed
Before checking consent, prepare a specification identifying:
- the position, dimensions and height of each display;
- whether it projects from the building or stands separately;
- the wording, graphics, materials and background;
- whether and how it is illuminated, and its operating pattern. [1][2]
Include the relationship with windows, entrances, traffic signs and nearby homes. An application needs to explain the actual display, not just provide a logo file. In particular, the appearance and effect of illumination cannot be assessed from the daytime artwork alone. [1]
What the council assesses
Advertisement control is concerned with amenity and public safety. The assessment can take account of the building, the surrounding area and the relationship with road users. Permission for the business activity does not establish that a particular display is acceptable. [1]
In a conservation area, the character of the setting requires particular care. A listed building may also need listed building consent for associated works affecting its special interest, even where the advertisement itself has deemed consent. [1]
Does a sign also need planning permission?
The advertisement regime provides deemed planning permission for development involved in a display that complies with the advertisement regulations. It is therefore misleading to say that every approved sign also requires a separate planning application. However, that provision does not give a general permission to rebuild a shopfront or erect an unrelated structure. [1]
Separate the advertisement from the wider building work. A new frontage with a sign can involve a planning application for the frontage and an advertisement-consent check for the display. Structural and access work can also involve building regulations. [3][4]
Changing an existing sign
Read the existing consent and conditions before replacing a display. National guidance allows councils to consider whether a minor change, such as an occupier's name changing while the type and size remain substantially the same, needs a fresh application. Do not assume that permission for one display covers a larger, brighter or differently positioned replacement. [1]
Displaying an advertisement without the necessary consent can be a criminal offence. Keep the approval or a documented deemed-consent assessment with the final sign specification, and check any landlord or landowner agreement separately. [1]