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Planning and Building (Display of Advertisements) (Amendment) (Jersey) Order 2015

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Planning and Building (Display of Advertisements) (Amendment) (Jersey) Order 2015

Arrangement

Article

 

 

 

Made                                                                   16th December 2015

Coming into force                                               23rd December 2015

THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 76 and 124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –

1        Interpretation

In this Order “principal Order” means the Planning and Building (Display of Advertisements) (Jersey) Order 2006[2].

2        Amendment of Article 1

In Article 1 of the principal Order, the following definitions shall be inserted in the appropriate alphabetical order –

“ ‘ground level’ –

(a)     in respect of a building, means the level of the surface of the ground immediately adjacent to the building;

(b)     in respect of an advertisement that is not displayed on a building, means the level of the surface of the ground on which the advertisement or the structure supporting the advertisement is situated;

‘ground floor level’, in respect of a building, means the level immediately below the first floor of the building to the ground level;”.

3        Amendment of Article 10

In Article 10 of the principal Order, after paragraph (2), there shall be inserted the following paragraphs –

“(2A) An approved advertisement must be maintained in a manner which does not impair the visual amenity of the premises on which the advertisement is placed or the surrounding area.

(2B)   Any hoarding or similar structure used to display an approved advertisement must be maintained in a manner which does not interfere with public safety.”.

4        Schedule 1 substituted

For Schedule 1 to the principal Order there shall be substituted the following Schedule –

PART 1

OFFICIAL ADVERTISEMENTS

Class A

 

Approved advertisement

A. An advertisement employed wholly for the purpose of announcement or direction in relation to a function of the States, a Minister or a parochial authority, being an advertisement that is reasonably required to be displayed in the manner in which it is displayed in order to secure the safe or efficient performance of that function.

Conditions

A.1 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

A.2 The advertisement must not be illuminated except to achieve the purpose of the advertisement.

Class B

 

Approved advertisement

B. An advertisement employed wholly for the purpose of announcement or direction in relation to the operation of the provider of a public service, being an advertisement that is reasonably required to be displayed in the manner in which it is displayed in order to secure the safe or efficient performance of that operation.

Conditions

B.1 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

B.2 The advertisement must not be illuminated except to achieve the purpose of the advertisement.

Interpretation of Class B

B.3 For the purpose of Class B “provider of a public service” means a person who provides sewerage, gas, water or electricity to the public or to a portion of the public.

Class C

 

Approved advertisement

C. An advertisement required to be displayed by virtue of an enactment (including an advertisement that is required by an enactment to be displayed as a condition of the valid exercise of a power, or the proper performance of a function).

Conditions

C.1 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

C.2 The advertisement must not be illuminated except to achieve the purpose of the advertisement.

Class D

 

Approved advertisement

D. An advertisement in the nature of a traffic sign employed wholly for the control, guidance or safety of traffic.

Conditions

D.1 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

PART 2

ADVERTISEMENTS RELATING TO PREMISES ON WHICH THEY ARE DISPLAYED

Class A

 

Approved advertisement

A. An advertisement –

(a)     on land or on a non-glazed area of a building –

(i)      for the purpose of identification, direction or warning with respect to the land or building on which it is displayed,

(ii)     relating to a person, partnership or company carrying on a profession, business or trade on the land or building on which the advertisement is displayed, or

(iii)    relating to an institution of a religious, educational, cultural, recreational or medical or similar character, situate on the land on which the advertisement is displayed; or

(b)     incorporated in a non-glazed part of a building and forming part of the fabric of the building.

Advertisement not approved

A.1 An advertisement is not approved by Class A if it has an area exceeding 5 square metres.

A.2 An advertisement is not approved by Class A if that advertisement and any other advertisement on the land or building have an aggregated total area exceeding 5 square metres.

Conditions

A.3 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

A.4 The advertisement must not contain letters, figures, symbols, emblems or devices of a height exceeding 400 millimetres.

A.5 The advertisement must not be displayed so that the highest part of it is –

(a)     above the ground floor level, in the case of an advertisement displayed on a building; or

(b)     4 metres above the ground level, in the case of an advertisement displayed other than on a building.

A.6 The advertisement must not be illuminated except to indicate that medical or similar services or supplies are available at the premises on which it is displayed, when it may be illuminated in a manner reasonably required for that purpose.

Interpretation of Class A

A.7 For the purpose of Class A an advertisement is not to be taken to form part of the fabric of a building by reason only of being affixed to, or painted on, the building.

Class B

 

Approved advertisement

B. An advertisement in the form of a window graphic, or vinyl applied on a window or door, in a building.

Advertisement not approved

B.1 An advertisement is not approved if it covers an aggregated total area exceeding 25% of the glazed area.

Conditions

B.2 The advertisement must not be displayed so that the highest part of it is above the ground floor level.

Class C

 

Approved Advertisement

C. An advertisement in the form of a flag or banner on a car or fuel sales forecourt, garden centre or plant nursery.

Conditions

C.1 The advertisement must not obstruct visibility lines at the accesses to and from the car or fuel sales forecourt, garden centre or plant nursery.

C.2 The advertisement must not obstruct the view of a person using a road at or near a bend, corner, junction or intersection so as to be likely to cause danger to such a person.

C.3 There must not be more than 4 advertisements under Class C placed in a car or fuel sales forecourt, garden centre or plant nursery.

Class D

 

Approved advertisement

D. Replacement of previously approved advertisements since 1st June 2007.

Advertisement not approved

D.1 An advertisement that is an illuminated sign, a projecting sign, a flag or a banner.

Conditions

D.2 The dimension of the advertisement and the lettering or logo height must remain the same as the previously approved advertisement but the materials, colours, letters, figures, symbols, emblems or graphics used may be changed.

D.3 The advertisement must not be displayed so that the highest part of it is –

(a)     above the ground floor level, in the case of an advertisement displayed on a building; or

(b)     4 metres above the ground level, in the case of an advertisement displayed other than on a building.

PART 3

ADVERTISEMENTS OF A TEMPORARY NATURE

Class A

 

Approved advertisement

A. An advertisement relating to the sale or letting of the building or land on which it is displayed.

Advertisement not approved

A.1 An advertisement is not approved by Class A if it has an area exceeding 2 square metres.

Conditions

A.2 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

A.3 The advertisement must not contain letters, figures, symbols, emblems or devices of a height exceeding 400 millimetres.

A.4 The advertisement must not be displayed so that the highest part of it is –

(a)     above the ground floor level, in the case of an advertisement displayed on a building, except that an advertisement relating to the sale or letting of a building higher than that height limit may be displayed above that limit at the lowest level at which it is reasonably practicable to display the advertisement; or

(b)     4 metres above the ground level, in the case of an advertisement displayed other than on a building.

A.5 The advertisement must not be illuminated.

A.6 The advertisement must be removed within 14 days after the building or land is sold or let, as the case may be.

Class B

 

Approved advertisement

B. An advertisement (including an advertisement on street level hoarding and on scaffolding sheeting or netting) on land by –

(a)     an architect, a contractor or a sub-contractor or other person relating to the carrying out by them of building or similar work on the land;

(b)     the developer, owner or occupier of the land in connection with the building, ownership or occupation of the land;

(c)     any person referred to in paragraph (a) or (b), such advertisement representing the completed development.

Advertisement not approved

B.1 An advertisement is not approved by Class B if that advertisement and any other advertisement on the scaffolding sheeting or netting have a total aggregated area exceeding 20 square metres except where the advertisement represents the completed development.

Conditions

B.2 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

B.3 The advertisement must not contain letters, figures, symbols, emblems or devices of a height exceeding 400 millimetres.

B.4 The advertisement must not be illuminated.

B.5 The advertisement must not be displayed except while building or similar work is in progress on the land.

Class C

 

Approved advertisement

C An advertisement announcing a local event of a parish or of a religious, educational, cultural, political, charitable or recreational character (including an advertisement relating to a temporary matter in connection with such an event).

Advertisement not approved

C.1 An advertisement is not approved by Class C if it has an area exceeding 2 square metres.

C.2 An advertisement is not approved by Class D if it relates to an event promoted or carried on for a commercial purpose.

Conditions

C.3 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign or an aid to navigation by water or air; or

(b)     to render hazardous the use of a road or airfield.

C.4 The advertisement must not contain letters, figures, symbols, emblems or devices of a height exceeding 400 millimetres.

C.5 The advertisement must not be displayed so that the highest part of it is –

(a)     above the ground floor level, in the case of an advertisement displayed on a building; or

(b)     4 metres above the ground level, in the case of an advertisement displayed other than on a building.

C.6 The advertisement must not be illuminated.

C.7 The advertisement must not be displayed earlier than 28 days before the date of the event and must be removed within 14 days after its conclusion.

Class D

 

Approved advertisement

D. A free standing 1 sided or 2 sided advertisement stationed on a public road in front of, or within, the premises of the business it is advertising.

Advertisement not approved

D.1 An advertisement is not approved by Class D if it has an area exceeding 1 square metre per side.

D.2 An advertisement is not approved by Class D if its placement on the road has not been approved by the highway authority with responsibility for the road.

Conditions

D.3 The advertisement must not be sited or displayed so as –

(a)     to obscure or hinder the ready interpretation of a road traffic sign; or

(b)     to render hazardous the use of a road.

PART 4

ADVERTISEMENTS IN ENCLOSED AREAS

Class A

 

Approved advertisement

A. An advertisement displayed on enclosed land.

Advertisement not approved

A.1 An advertisement is not approved by Class A if it readily visible –

(a)     from land outside the enclosure in which it is displayed; or

(b)     from a part of that enclosure over which there is a public right of way or to which the public has a right of access.

Conditions

A.2 The advertisement must not be illuminated.

Interpretation of Class A

A.3 For the purpose of Class A “enclosed land” means land that is wholly or mainly enclosed by a hedge, fence, wall or similar screen or structure, but does not include a public park, public garden or other land held for the use or enjoyment of the public.

Class B

 

Approved advertisement

B. An advertisement displayed within a building.

Advertisement not approved

B.1 An advertisement is not approved by Class B if it can be readily seen from outside the building.”.

5        Citation and commencement

This Order may be cited as the Planning and Building (Display of Advertisements) (Amendment) (Jersey) Order 2015 and shall come into force 7 days after it is made.

deputy s.g. luce of st. martin

Minister for Planning and Environment

 

[1]                                    chapter 22.550

[2]                                    chapter 22.550.15


Page Last Updated: 14 Apr 2016