Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Penalty definition

What does Penalty mean? In contract practice, a penalty (or penalty clause) is a term that, on breach, requires the defaulting party to pay money or suffer another detriment aimed at deterring non‑performance rather than providing a proportionate, pre‑agreed remedy. Across England & Wales, Scotland and Northern Ireland, the penalty rule is case law (not statutory), developed in Dunlop and refined in Cavendish v Makdessi/ParkingEye. A clause is penal and unenforceable if it imposes a detriment out of all proportion to the innocent party’s legitimate interest in performance or enforcement. The assessment is one of substance, not label, and is not limited to payments: forfeiture...

Advertisement control under TCPA 1990 in England and Wales: exclusions, deemed and express consent, applications and consultations, amenity and public safety tests, standard conditions, special controls and enforcement

Published by a LexisNexis Planning expert

Practice notes

Statutory framework for advertisement control

In England and Wales, advertisement control forms an integral element of the wider development control regime. The system is governed by the Town and Country Planning Act 1990 (TCPA 1990). In England, this is supplemented by the Town and Country Planning (Control of Advertisements) (England) Regulations 2007, SI 2007/783 (the English Regulations), and in Wales by the Town and Country Planning (Control of Advertisements) Regulations 1992, SI 1992/666 (the Welsh Regulations).

What is an 'advertisement'?

The system applies to a very wide spectrum of advertising material. Under TCPA 1990, s 336, an advertisement includes any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, that is in the nature of, and used wholly or partly for the purposes of, advertisement, announcement or direction. It further includes any hoarding or similar structure that is used, or designed or adapted for use, and anything else principally used, or designed or adapted principally for use, for the display of advertisements...

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Web page updated on 21/05/2026

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