Tile Wise Ltd v South Somerset District Council

Tile Wise Ltd v South Somerset District Council

The exemption under class B, schedule 1 applies only if, at the time of the alleged breach, the vehicle is being normally employed as a moving vehicle and not used principally for the display of advertisements. On the occasions in question, the vehicles were used as advertising hoardings and not as moving vehicles, so the exemption did not apply.

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 (criminal/planning) / High Court (divisional Court) Judgment on Appeal From Crown Court
Outcome
Appeal dismissed
Legal Topics
Control of Advertisements, Interpretation of Planning Regulations, Exemptions Under Town and Country Planning Act
Planning Law Criminal Law Control of Advertisements Interpretation of Planning Regulations Exemptions Under Town and Country Planning Act

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Parties

Tile Wise Limited

Claimant

South Somerset District Council

Defendant

Procedural Posture

Appeal by Way of Case Stated (criminal/planning) / High Court (divisional Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether advertisements displayed on vehicles are exempt from planning control under class B, schedule 1 of the Town and Country Planning (Control of Advertisements)(England) Regulations 2007
  2. 2 Proper construction of 'normally employed as a moving vehicle' and 'not used principally for the display of advertisements'

Ratio Decidendi

The exemption under class B, schedule 1 applies only if, at the time of the alleged breach, the vehicle is being normally employed as a moving vehicle and not used principally for the display of advertisements. On the occasions in question, the vehicles were used as advertising hoardings and not as moving vehicles, so the exemption did not apply.

Court Disposition

Appeal dismissed

Orders

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