We all know that advertising can be subtle, a characteristic recognised by an inspector dealing with an appeal against a refusal to grant express consent under the advertisement regulations for the painting of a shopfront in a Warwickshire town centre (DCS Number 400-015-736).
In this case the parties disagreed on whether the application of navy blue and white striped paintwork to two pilasters should be defined as being an advertisement.
The inspector recorded that Section 336(1) of the Town and Country Planning Act 1990 defines an advertisement as:
“any word, letter, model, sign, placard, board, notice, awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and (without prejudice to the previous provisions of this definition) includes any hoarding or similar structure used or designed, or adapted for use and anything else principally used, or designed or adapted principally for use, for the display of advertisements.”
The inspector noted that the external redecoration of the existing shopfront formed part of the description of that which had been applied for and full details of the redecoration had been submitted including paintwork design. In addition, the council had submitted photographs of similar horizontal striped navy blue and white paintwork used by the occupying business across its other premises. He observed that the paintwork formed part of the company’s brand identity, being synonymous with its brand name. Taking into account this expression of the company’s corporate distinctiveness he found that, in combination with the other matters, it was reasonable to interpret this element of the external redecoration as being to all intents and purposes for advertisement, announcement and direction.
The following DCP section is relevant: 4.3613