The High Court has quashed a Lambeth London Borough Council decision that Maiden Outdoor Advertising Ltd did not have the required consent to display its hoardings.
The company challenged council notices ordering the removal of its advertising hoardings, arguing that it had deemed consent arising from its 26-year use of the Lambeth site for advertisements.
Collins J has backed the claim, holding that the company did have deemed consent.
He further held that, although illumination of the hoardings, added at a later date, might amount to a substantial alteration to the original hoarding and might have an adverse effect upon the surrounding amenities, the situation could be remedied by their removal.
In any event, he added, in this case, the illumination of the hoarding had not taken it outside the relevant Town and Country Planning (Control of Advertisements) Regulations 1989.
R (on the application of Maiden Outdoor Advertising Ltd) v Lambeth London Borough Council Queen’s Bench Division: Administrative Court (Collins J) 9 May 2003.
David Holgate QC and Richard Langham (instructed by Clyde & Co) appeared for the claimant; Mark Lowe QC and Katy Skerrett (instructed by Sharpe Pritchard) appeared for the defendants.
References: PLS News 12/5/03
