Flying the Flag and Planning

The Town and Country Planning (Control of Advertisements) (England) (Amendment) Regulations 2012 came into force on 12 October 2012.

These regulations will increase the range of flags that can be displayed either without express consent or with deemed consent. The conditions and limitations on flags that can be displayed with deemed consent will also be relaxed in certain circumstances. 

Limitations remain for flags in Conservation Areas, any Area of Outstanding Natural Beauty (AONB), a National Park, the Broads or an area of special [Advertisement]  control. 

A plain English guide is due for publication shortly.

The Regulations provide:

New paragraph 7AA gives deemed consent to the display of a flag from a single flagstaff projecting from any part of a building other than vertically from the roof (as paragraph 7A governs flags attached to flagstaffs projecting vertically from roofs). 

New paragraph 7AB gives deemed consent to flags flown from up to two flagstaffs on land within the curtilage of a building. 

Flag advertisements within these classes may not be displayed in a conservation area, an Area of Outstanding Natural Beauty, a National Park, the Broads or an area of special control. 

New paragraph 7AC gives deemed consent for the display of Blue Flag Award scheme flags from flagstaffs on beaches or in marinas. 

A new paragraph 7AD gives deemed consent to the display of Green Flag Award or Green Flag Community Award scheme flags from flagstaffs in parks and other green spaces.