In this important decision Collins J quashed a notice issued under Section 11 of the London Local Authorities Act 1995 requiring advertisement hoardings to be removed. S11 allows London councils to serve notices against hoardings erected after April 1990 which do not have deemed or express consent. Collins J held that the hoardings in question had deemed consent under both Class 13 and Class 14 of the 1992 Regulations. In a controversial passage he held that, where a present hoarding failed to comply with Class 13 because there had been a substantial alteration in the manner of use of the site during the relevant period, the advertiser could, by removing the alteration, revive his deemed consent.
Collins J also confirmed that it was a question of fact and degree whether the addition of illumination amounted to a substantial alteration within the meaning of Class 13.
Richard Langham appeared (with David Holgate QC) for the advertiser.
The so-called ‘right to revert’ suggested in this judgment played a prominent role in the recent Court of Appeal decision in R (Clear Channel) v Southwark LBC [2007] EWCA Civ 1328 in which Richard Langham also appeared.
