Source: All England Reporter
Publisher Citation: [2009] All ER (D) 139 (Jan)
Court: Queen's Bench Division, Administrative Court
Judge:

Blake J (judgment delivered extempore)
Representation Tim Buley (instructed by Lovells LLP) for the advertiser.
  Richard Langham (instructed by ASB Law, Maidstone) for the local authority.
Judgment Dates: 20 January 2009

Catchwords

Town and country planning - Advertisement - Display without consent - Deemed consent - Display panel attached to wall of dwelling - Panel overhanging adjacent playground for ten years - Applicant advertiser removing panel from wall and placing it on steel structure in playground - Local authority requiring applicant to remove panel and structure - Applicant submitting deemed consent granted for panel on playground site - Whether playground and wall forming one site - Whether material alteration in use of site - Whether deemed consent granted - ss 55(5), 220(1) 336(1) - Town and Country Planning (Control of Advertisements) (England) Regulations 1992, , rr 2, 6, Sch 3, Pt I, Class 13 - s 11.

The Case

Town and country planning Advertisement. Queen's Bench Division, Administrative Court: The conditions for deemed consent for an advertising display panel, as set out in class 13 of sch3 of the Town and Country Planning (Control of Advertisements England) Regulations 2007, , had not been met where, inter alia, the panel had overhung a playground adjacent to the wall to which it had been fixed for approximately 16 years prior to the applicant's removal of the panel from the wall and placing it on a steel structure erected in the playground.

Practice Areas

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