Tile Wise Ltd v South Somerset District Council [2010] EWHC 1618 (Admin) (17 June 2010)

Tile Wise Ltd v South Somerset District Council [2010] EWHC 1618 (Admin) (17 June 2010)

The exemption in Schedule 1 Class B applies to the use of the vehicle at the time the advertisement is displayed; if, at that moment, the vehicle is not being normally employed as a moving vehicle but is used as an advertising stand, the exemption does not apply and the display is unlawful.

Citation
[2010] EWHC 1618 (Admin)
Parties
Claimant: Tile Wise Limited; Defendant: South Somerset District Council
Jurisdiction
England and Wales
Judgment Date
17 June 2010
Procedural Posture
Appeal by Way of Case Stated (administrative Court) / Judgment on Appeal From Crown Court Decision
Outcome
Appeal dismissed
Legal Topics
Control of Advertisements, Interpretation of Planning Regulations, Exemptions Under Town and Country Planning Act 1990, Use of Vehicles for Advertising
Planning Law Administrative Law Criminal Law Control of Advertisements Interpretation of Planning Regulations Exemptions Under Town and Country Planning Act 1990 Use of Vehicles for Advertising

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Parties

Tile Wise Limited

Claimant

South Somerset District Council

Defendant

Procedural Posture

Appeal by Way of Case Stated (administrative Court) / Judgment on Appeal From Crown Court Decision

Legal Issues

  1. 1 Whether the exemption for advertisements on vehicles under Schedule 1 Class B of the Town and Country Planning (Control of Advertisements)(England) Regulations 2007 applies to vehicles used as advertising stands on specific occasions
  2. 2 Proper construction of 'normally employed as a moving vehicle' and 'not used principally for the display of advertisements'

Ratio Decidendi

The exemption in Schedule 1 Class B applies to the use of the vehicle at the time the advertisement is displayed; if, at that moment, the vehicle is not being normally employed as a moving vehicle but is used as an advertising stand, the exemption does not apply and the display is unlawful.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay £4,000 towards respondent's costs, assessed summarily