Wandsworth Borough Council v Adrenalin Advertising

Wandsworth Borough Council v Adrenalin Advertising

Doubling the size of the advertising hoarding during the relevant 10-year period constituted a material increase in the extent of use, and the change from external to internal illumination was a material alteration; thus, the conditions for deemed consent under class 13 were not met and the interested party was not entitled to deemed consent.

Parties
Claimant: Wandsworth Borough Council; Defendant: Adrenalin Advertising
Jurisdiction
England and Wales
Judgment Date
30 March 2011
Procedural Posture
Prosecutor's Appeal by Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal allowed; matter remitted with direction to convict the interested party.
Legal Topics
Deemed Consent for Advertisements, Material Alteration in Advertisement Display, Burden of Proof in Planning Offences
Planning Law Administrative Law Deemed Consent for Advertisements Material Alteration in Advertisement Display Burden of Proof in Planning Offences

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Parties

Wandsworth Borough Council

Claimant

Adrenalin Advertising

Defendant

Procedural Posture

Prosecutor's Appeal by Case Stated / Divisional Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a change in size of an advertising hoarding constituted a material increase in the extent of use under class 13 of the Regulations
  2. 2 Whether a change from external to internal illumination was a material alteration in the manner of use
  3. 3 On whom the burden of proof lies to show compliance with class 13 conditions

Ratio Decidendi

Doubling the size of the advertising hoarding during the relevant 10-year period constituted a material increase in the extent of use, and the change from external to internal illumination was a material alteration; thus, the conditions for deemed consent under class 13 were not met and the interested party was not entitled to deemed consent.

Court Disposition

Appeal allowed; matter remitted with direction to convict the interested party.

Orders

  • Matter remitted to the District Judge with a direction to convict the interested party.