Deemed consent lost due to gap in continual use

An enforcement notice issued by a south London council requiring the removal of two pairs of poster frames next to an entrance to a former cinema and bingo hall has been quashed, despite an inspector's conclusion that they no longer have deemed consent.

The appellant relied on class 13, schedule 3 of the Control of Advertisements Regulations 2007, which grants deemed consent for displays on sites that have been used continually for advertising for ten years. From photographic evidence, the inspector accepted that the frames were installed by the 1980s and were used continually until June 2009. Advertising resumed this August.

The inspector found that this gap was too long for the use to have been continual for the required ten-year period, so the frames did not benefit from deemed consent. However, as the panels were small and did not stand out among other street clutter, he concluded that they did not harm the surrounding conservation area.

Inspector: Simon Hand; Hearing


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