The sherriff court had not accepted a submission by the Council that an alteration from a painted gable wall advertising Raleigh Bicycles, to a smaller advertisement for Carlsberg Special Brew, painted onto plywood sheets which were nailed to the wall and surrounded by a timber frame, was a ‘substantial alteration’ in the use of the site for the display of advertisements.
Held: ‘On the second point the Sheriff could not accept, however, that the interposition of sheets of plywood between the paint and the stonework of the building must necessarily be regarded as a substantial alteration in the manner of the use of the site for the purpose of displaying advertisements, nor could he see that it necessarily made any difference that, according to the pursuers’ averments, the new advertisement was surrounded by ‘a nominal timber frame’. The general appearance and effect of an advertisement might be the same whether it was painted directly on a wall or on sheets of plywood or metal nailed to the wall, or printed on paper which in turn was pasted on the underlying surface. Changes from one such method to another may be no more than comparatively minor changes in the method used to achieve what may in appearance be almost exactly the same display. They were not necessarily substantial alterations in the manner of the use of the site for the purpose of that display.’
Citations:
[1980] JPL 409
Cited by:
Cited – Wandsworth Borough Council v South Western Magistrates’ Court, Clear Channel UK Limited Admn 2-May-2007
The council appealed dismissal of its prosecution of the defendant under the Regulations on the basis that the defendant had deemed consent for the advertisements at issue. A picture which had been painted on the upper half of a house, in 1921, and . .
Lists of cited by and citing cases may be incomplete.
Scotland, Planning, Media
Updated: 01 May 2022; Ref: scu.254431