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The High Court (Dan Kolinksy KC, sitting as a deputy High Court Judge) has today handed down judgment in the case of Southwark LBC v SSHCLG [2025] EWHC 1556 (Admin). The claim concerned a decision to grant advertisement consent on appeal for decorative scaffolding shroud, within a conservation area in Southwark. The application had been made on the basis that the consent was only sought for six months. However, on appeal, the Inspector granted consent for five years. The Inspector’s decision did not explain why he had not granted the consent of the six months sought. The court found this to amount to a failure to have regard to a material consideration and/or a breach of the duty to give reasons. A second ground of challenge, based on the Inspector’s consideration of heritage matters, was dismissed.
The judgment contains some helpful analysis about the interpretation of reg.17 of the Town and Country Planning (Control of Advertising) (England) Regulations 2007 and the application of s.72 of the Planning (Listed Building and Conservation Areas) Act 1990.
A copy of the judgment is available here.
Ben Fullbrook acted for the Secretary of State.
