Adverts on immobile horsebox require consent

An appellant has failed to convince a reporter that two advertisements displayed on a horsebox near Edinburgh did not involve a breach of the Town and Country Planning (Control of Advertisements)(Scotland) Regulations 1984.

Under regulation 3(i) the appellant stated that the advertisements were displayed on a vehicle normally employed as a ‘moving’ vehicle on any road. In agreeing that the horsebox was designed to be mobile the reporter noted that it had flat tyres and the accumulation of sediment where the tyres rested indicated that it had not been moved in a long time. Indeed, the reporter recorded that the appellant had stored it on the site for more than nine years. Consequently, whilst it might be capable of being towed by a motor vehicle, its primary purpose was to support two advertisements relating to a children’s nursery several kilometres distant. Accordingly, consent for their display was required and a breach of control had occurred.

Reporter: David Gordon; Written representations

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