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The Alfa Laval building is a 10-storey tower next to the elevated section of the M4 west of Junction 2. For many years, it has stood empty and is agreed by everyone to be an eyesore in the London skyline. For 20 years, the owners of the tower had a series of consents to display a very large advertisement on the shroud surrounding the building. However, in August 2023, the London Borough of Hounslow refused an application to continue such consent for a further two years, citing the absence of a concrete timeline to develop the site. The owner appealed but did not put in evidence of active marketing of the site. The appeal was determined via written representations, and an inspector appointed by the Secretary of State dismissed the appeal, in part on account of the lack of marketing evidence.
The owners brought a claim under section 288 of the Town and Country Planning Act 1990, alleging that the inspector had unfairly failed to request such marketing evidence from the owners. The owners argued that the regime for advertisement consent under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 was different to the regime for planning applications and appeals, and fairness required the inspector to request the missing evidence before making her decision.
In a judgment handed down on 11 April 2025, Ocean Outdoor UK Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWHC 901 (Admin), Mr Timothy Corner KC (sitting as a Deputy High Court Judge) dismissed the claim. The judge held that the general rule, requiring parties to planning appeal proceedings to put before the tribunal the evidence on which they wish to rely, applied equally to advertisement consent appeals. The judge also found that the owners were on notice of the need to substantiate their case on the existence of active marketing, given that this had been a point taken by the local authority in refusing consent.
A copy of the judgment is available here.
Matthew Fraser acted for the Secretary of State, instructed by the Government Legal Department.
