IMPORTANT HIGH COURT ENFORCEMENT CASE

An advertising company judicially reviewed action taken by Lambeth LBC to remove an unlawful advertisement. The claim, which was dismissed, decided a wide range of issues including:

• that the powers to serve a notice to remove an advertisement under the s.225 of the Town and Country Planning Act 1990 and s.11 of the London Local Authorities Act 1995 is to be considered as a "planning enforcement" powers;
  
• that the power to serve notices to remove advertisements under those provisions and subsequently to remove the advertisement pursuant to those notices is a "draconian power" but is not to be considered as a remedy of last resort. It was held that LPAs have a broad discretion to exercise the power;
  
• that LPA's may arrange for removal to be actioned by a contractor without the need for an officer to be present durong the removal process;
  
• that the courts should adopt a purposive and pragmatic approach to contruction of shcemes of delegation.

The case is reported as R (on application of Blow-Up Media) v. Lambeth LBC [2008] EWHC 1912. Douglas Edwards acted for Lambeth LBC, the successful respondent and was instructed by David Kemp of Steeles, London.