Military vehicle excluded from advertisement definition

In deciding to take no further action in respect of the siting of a military vehicle on land in Surrey an inspector has ruled that it did not comprise an advertisement under s336(1) of the Town and Country Planning Act 1990.

The council alleged that the vehicle acted as ‘sign post’, and relied on the judgment in Newport Borough Council v Secretary of State for Wales & another [1997], in which it was held that beams of light and the image created could be a sign amounting to an advertisement.

In considering whether the vehicle could be regarded as a sign, the inspector decided little weight should be afforded to the Newport judgment because that case involved something substantially different. In his opinion the vehicle was not a sign, device or representation. The vehicle carried no markings or lettering and it could not be perceived as an advertisement, announcement or for providing direction. Consequently, it was not an advertisement and no further action was taken on the appeal.

Inspector: Bob Marshall; Written representations

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