Clear Channel United Kingdom Ltd, R (on the application of) v First Secretary of State & Anor

Clear Channel United Kingdom Ltd, R (on the application of) v First Secretary of State & Anor

The Inspector applied the correct legal test under Regulation 8, gave adequate reasons for his decision, and was entitled to pay special attention to conservation area duties. The claimant's arguments were considered and rejected on their merits.

Parties
Claimant: Clear Channel United Kingdom Limited; First Defendant: First Secretary of State; Second Defendant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
14 October 2004
Procedural Posture
Judicial Review / Judgment
Outcome
application dismissed
Legal Topics
Advertisement Control, Conservation Areas, Amenity, Public Safety, Statutory Interpretation
Planning Law Administrative Law Advertisement Control Conservation Areas Amenity Public Safety Statutory Interpretation

Case Brief

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Parties

Clear Channel United Kingdom Limited

Claimant

First Secretary of State

First Defendant

London Borough of Islington

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector applied the correct legal test under Regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1992
  2. 2 Whether the Inspector gave adequate reasons for his decision
  3. 3 Whether special attention to conservation area duties under section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 was required

Ratio Decidendi

The Inspector applied the correct legal test under Regulation 8, gave adequate reasons for his decision, and was entitled to pay special attention to conservation area duties. The claimant's arguments were considered and rejected on their merits.

Court Disposition

application dismissed

Orders

  • application dismissed
  • claimant to pay first defendant's costs