Supplementary Planning documents and other guidance

Control of Estate Agent Boards - Regulation 7 Application

Application to the secretary of state for making a Regulation 7 direction for the control of estate agent (lettings) boards

The Town & Country Planning (Control of Advertisements) (England) Regulations 2007 (as amended) allows some forms of advertisement to be displayed without the consent of the Council. This is known as deemed consent and is subject to certain conditions as set out in the Regulations (Schedule 3, Part 1).

The Regulations also allow the Council to make an application to the Secretary of State to remove deemed consent for types of advertisement where it can be demonstrated these are having a negative impact on safety or amenity grounds in the local area. This is known as a Regulation 7 Direction and if made by the Secretary of State, the Council will have the power to determine applications for the type of advertisements where deemed consent has been removed.
 
In recent years, the Council has received a growing number of complaints regarding Estate Agent boards, in particular residential lettings boards rather than ‘For Sale’ or ‘Sold’ boards.  Estate Agent boards are a type of advertisement where the Secretary of State can make a Regulation 7 Direction and remove deemed consent.

The Council has collated background evidence on the number and locations of complaints received with respect to Estate Agent boards as well as undertaking street surveys and early stakeholder consultation to gather views on making an application to the Secretary of State for a Regulation 7 Direction to remove deemed consent.

The Council has now made an application to the Secretary of State for a Regulation 7 Direction for the areas of Runnymede shown in the map below. Accompanying the map of the area affected is a background evidence paper and a notice setting out how interested parties can make representations to the Secretary of State.

Once the period for making representations has expired as set out in the notice above, the Secretary of State will make a decision whether to issue a Regulation 7 Direction, taking into account any representations received and potentially giving the opportunity to anyone objecting to be heard by a person appointed by them. The Secretary of State also has the power to modify the area proposed for the Direction but not to extend the area affected.   

If a Direction is made, the Secretary of State will send this confirmation to the Council along with a statement of their reasons for making the Direction. A copy of the Secretary of State’s statement of reasons will also be sent to anyone who made representations under the notice set out above. 

If a Direction is made, this does not mean these types of advertisements will be banned, just that the Council will have control over whether they can be displayed following a formal application process.

Any comments received cannot be treated as confidential and will be shared with the Secretary of State via the Ministry for Housing, Communities and Local Government (MHCLG).