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 had been replaced in 200 with a rolling illuminated advert. The prosecutor said that the illumination was a substantial increase in the advert.
Held: The display was unlawful. At the time when the painting was replaced, it had not for many years been employed for the purposes of an advertisement. An illuminated, scrolling advertisement as shown in the photographs before the district judge, which shows in relatively short consequence two different advertisements, is very different from a non-illuminated, static, wall painting, where the paint has been applied to the brickwork direct.
Judges:
Latham LJ, SUllivan J
Citations:
[2007] EWHC 1079 (Admin)
Links:
Statutes:
Town and Country Planning (Control of Advertisements) Regulations 1992
Jurisdiction:
England and Wales
Citing:
Cited – Mills and Allen Ltd v City of Glasgow SCS 1980
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 . .
Cited – Maiden Outdoor Advertising Ltd , Regina (on the Application Of) v Lambeth Admn 9-May-2003
Notices had been issued by the defendant local planning authority under section 11 of the 1995 Act.
Held: The notices had to be quashed for several reasons. The court considered whether there was a deemed consent: ‘It seems to me that, as . .
Lists of cited by and citing cases may be incomplete.
Crime, Media, Planning
Updated: 09 September 2022; Ref: scu.252407
