Putney Bridge Approach Ltd v The Secretary of State for Communities And Local Government & Anor

Putney Bridge Approach Ltd v The Secretary of State for Communities And Local Government & Anor

A local planning authority or inspector is not required to consider every possible hypothetical advertisement before serving or upholding a discontinuance notice under Regulation 8(1)(b) if satisfied that the use of the site for illuminated advertisements is substantially injurious to amenity. The discontinuance notice lawfully ends deemed consent but does not preclude applications for express consent, and the inspector's reasoning, focused on the advertisements in situ and the parties' arguments, was legally adequate.

Parties
Appellant: Putney Bridge Approach Limited; 1st Respondent: The Secretary of State for Communities and Local Government; 2nd Respondent: The London Borough of Hammersmith & Fulham; Interested Party: JC Decaux Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2018
Procedural Posture
Civil Appeal / Appeal From High Court (planning Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Discontinuance Notice, Deemed Consent, Express Consent, Control of Advertisements, Amenity, Planning Appeals
Planning Law Administrative Law Discontinuance Notice Deemed Consent Express Consent Control of Advertisements Amenity Planning Appeals

Case Brief

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Parties

Putney Bridge Approach Limited

Appellant

The Secretary of State for Communities and Local Government

1st Respondent

The London Borough of Hammersmith & Fulham

2nd Respondent

JC Decaux Limited

Interested Party

Procedural Posture

Civil Appeal / Appeal From High Court (planning Court) to Court of Appeal

Legal Issues

  1. 1 Proper scope of a discontinuance notice under Regulation 8(1)(b) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007
  2. 2 Whether the local planning authority or inspector must consider all hypothetical alternative advertisements before issuing a discontinuance notice for a site
  3. 3 Distinction between deemed consent and express consent regimes in planning law

Ratio Decidendi

A local planning authority or inspector is not required to consider every possible hypothetical advertisement before serving or upholding a discontinuance notice under Regulation 8(1)(b) if satisfied that the use of the site for illuminated advertisements is substantially injurious to amenity. The discontinuance notice lawfully ends deemed consent but does not preclude applications for express consent, and the inspector's reasoning, focused on the advertisements in situ and the parties' arguments, was legally adequate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the inspector's decision and the discontinuance notice upheld.