A recent court ruling on a case from West London has clarified the scope of local planning authority powers when serving a discontinuance notice for the removal of illuminated advertisements.
The case raises several issues over the relationship between deemed and express consent and the obligation for planning inspectors to consider hypothetical alternatives to the specific advertisement concerned before issuing notice on the whole site.
The appellant company had been granted deemed consent for the display of an illuminated advertisement inside its London office building alongside the River Thames. The council considered the building to be in a prominent position and placed emphases on the flashing effect of the sign due to the frequency of the changing adverts, which it said resulted in a distracting pattern of light. Any form of illuminated advertisement displayed on or behind the building's windows would cause substantial injury to the amenity of the locality. It claimed.
Alex Ground and Christoper Brown appear in Planning Resource discussing the display of advertisements.
Legal Viewpoint: Illuminating judgment on the display of advertisements is available to read on the Planning Resource website via subscription.
Alex is a partner in our real estate team. She advises on all aspects of planning, highways and compulsory purchase including planning applications, appeals, negotiating s106 agreements, challenges and enforcement.
Christopher is a trainee in the real estate team.