Maiden Outdoor Advertising Ltd., R (on the application of) v Lambeth, Court of Appeal - Administrative Court, May 09, 2003, [2004] JPL 820,[2003] EWHC 1224 (Admin)
Linked as:
Extract
Maiden Outdoor Advertising Ltd., R (on the application of) v Lambeth, Court of Appeal - Administrative Court, May 09, 2003, [2004] JPL 820,[2003] EWHC 1224 (Admin)
SMITH BERNAL WORDWAVE
CO/98/2003 Neutral Citation Number: [2003] EWHC 1224 (Admin)IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Friday, 9th May 2003 B E F O R E:MR JUSTICE ANDREW COLLINS - - - - - - -THE QUEEN ON THE APPLICATION OF MAIDEN OUTDOOR ADVERTISING LIMITED(CLAIMANT)-v- LAMBETH LONDON BOROUGH COUNCIL(DEFENDANT) - - - - - - -Computer-Aided Transcript of the Stenograph Notes of Smith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court) - - - - - - -MR D HOLGATE QC AND MR R LANGHAM appeared on behalf of the CLAIMANTMR M LOWE QC AND MR K SHERRETT appeared on behalf of the DEFENDANT - - - - - - -J U D G M E N T (As Approved by the Court) - - - - - - -Crown copyright©Friday, 9th May 20031. MR JUSTICE COLLINS: The claim before me concerns an advertising hoarding in Coldharbour Lane in Brixton. It embraces numbers 220 to 224 Coldharbour Lane, which was a bomb site. 2. In January 2002, Lambeth wrote to the claimants asserting that they were responsible for a number of hoardings within the Borough, including the one in issue, that they were suspected of being unauthorised hoardings and that they would be removed by the Council if the claimants did not submit sufficient evidence to show that they were authorised.3. The powers to be used were those given by section 11 of the London Local Authorities Act 1995. This reads, so far as material, under the heading Unauthorised advertisement hoardings et cetera: "(1) This section applies to a hoarding or other structure used, or designed or adapted for use, for the display of advertisements including a moveable structure, fitments used to support a hoarding or other structure and a structure which itself is an advertisement, other than such a structure for which deemed or express consent has been granted under the Act of 1990 or regulations made thereunder or for which no such consent for such use is required or which was erected before 1st April 1990".4. Subsection (2) enables the Council to serve a notice on any person appearing to them to be responsible for the erection or maintenance of the hoarding. The notice, by subsection (3) must require the removal of the hoarding within a period of not less than 21 days and must inform the individual required to remove the hoarding that if the notice is not complied with, the Council may enter the land, remove the hoarding and dispose of it and its fitments and recover expenses incurred in so doing.5. This is a po...See the full content of this document
Sponsored links
