Advertisement consents; deemed consent; continual use for 10 years; class 13 – part 1 – schedule 3 – 2007 regs

Posted on by PlngWiz7_5 Posted in Index

Hackney LBC v JDDecaux (UK) Ltd:  [2022] EWHC 2621 (Admin)

The case related to whether deemed consent applied to an advertisement under the above provisions because of an alleged continual 10 year use.

The court reviewed the caselaw on continuous/continual use from the advertisement control and planning enforcement regime, the effect of a break and whether it was material enough to re-start the clock.  The court felt that the use started when the advert was displayed not when a contract was signed for the display of the advert.

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