In 1998, express consent had been granted under the Control of Advertisements (England) Regulations 2007 for painted advertisements on the wall in the form of logos, replacing the logos of a different company. These were never removed, despite the consent being limited to five years. In 2011, the advertisements were replaced by a series of murals that substantially covered the whole wall.
The council argued that this involved a materially larger advertisement and therefore was not authorised by class 13, part 1, schedule 3 of the regulations, which grants deemed consent for any advertisement displayed continuously for the previous ten years. The inspector found that although the logos painted in 1998 were smaller in scale, the whole of the wall had been painted white as part of this process.
In his view, this meant the whole wall comprised the advertisement, so the most recent mural, in the form of an unbroken graphic, had not led to any material difference in size. Neither did the colour, design and graphics in themselves amount to a significant change in the nature of the advertisement, he decided. On this basis, he concluded that the display benefited from deemed consent and there was no need to consider the merits of the case.
Inspector: Stephen Normington; Inquiry