COURT CASE

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Trevor Lloyd-Davies, of Friar Gate, was taken to court by Derby City Council for displaying an advertisement without consent, under the terms of the Town and Country Planning Act. Mr Lloyd-Davies had put a banner on his grade II-listed house as part of a campaign to stop Connecting Derby, a council scheme which will include the completion of Derby's inner ring road.

The council claimed that the 15ft banner, which read "Stop the new inner ring road - save our city", was an advertisement and was thus illegal because it did not have advertising consent. Mr Lloyd-Davies's solicitor, Andrew Brammer, told Southern Derbyshire Magistrates' Court yesterday that his client, "a quiet man" who was "not prone to drawing attention to himself", believed that he was merely exercising his right to protest at a scheme that would encroach on his home.

Mr Lloyd-Davies nevertheless pleaded guilty following the conviction of Richard Butler for a similar offence. Magistrates gave Mr Lloyd-Davies a six-month conditional discharge and ordered him to pay £250 towards the council's £695 costs. After the hearing, Mr Lloyd-Davies said, "I want to continue the fight. This is one battle I admit I've lost, but the struggle is by no means over. I'm currently taking legal advice about what constitutes a protest banner and what constitutes an advertisement."

The city council's principal solictor, Olu Idowu, told the court that Mr Lloyd-Davies's banner had been spotted by council enforcement officer Neil Jackson. The defendant's home is directly opposite the council's planning offices, also in Friar Gate. He was ordered to remove it within seven days following a letter from Mr Jackson. Mr Idowu said, "Its location, size, colour, materials and method of fixing made it dominant in the street scene."

After the hearing, Councillor Lucy Care, cabinet member for planning, transportation and environment, said, "I think this makes it clear that the council is serious about keeping down the level of illegal advertisements in the city." (Source: Derby Evening Telegraph)

Paul Keenan, landlord of the Old Bell Hotel in Sadler Gate, has been fined for putting up an advertising banner without permission. He was fined £200 for hanging the poster across Sadler Gate, promoting live music in one of Derby's most historic areas. Southern Derbyshire Magistrates' Court heard that Mr Keenan had failed to get council permission to hang the advert from the walls of the building. After the hearing Mr Keenan said he was frustrated he had been pursued for the offence.

He said, "Businesses are closing down, you only have to walk down Sadler Gate and see the empty shops. I was trying to do something to turn a business around and yet the council spent time and money pursuing me. They should put that effort into helping the area." Mr Keenan now has to pay £500 costs to Derby City Council as well as a £15 Government surcharge on top of his fine. In court, John Wilford, mitigating, said that Keenan became landlord of the hotel 18 months ago and had turned its fortunes around.

He said, "When he came to the area this public house was failing and looked on the verge of being closed. He decided to display the banner and advertise the venue. Business has improved and he accepts he had not taken it down. This street has a number of buildings which are to let and businesses failing. He thought he was doing what he could to bring business to the area." Claire North, for the council, said the banner was noticed by one of the authority's officers when he walked down Sadler Gate. It stretched across the pedestrianised street at six metres long, one metre deep.

She said The Old Bell Hotel is on a national list of important buildings which are classified because of their history or architecture. Three letters had been sent to the hotel licensee, pointing out that the banner should be removed. Mr Keenan had also initially been charged with damaging a listed building by carrying out work which could not be reversed. The council offered no evidence on this charge and it was dismissed. After the case Mr Keenan said the damage he had originally been accused of related to hooks being put into the wall of the 17th century, Grade II-listed building.

Derby City Council leader Hilary Jones said the council had to protect listed buildings. He said, "It's important that we use powers available to make sure we protect the city's conservation areas. The council is working with the Cathedral Quarter Board to come up with more creative ways to attract more shoppers to Sadler Gate. The schemes are intended to make the area attractive but we always have to respect the conservation laws to ensure that the unique feel that the Cathedral Quarter has is maintained." (Source: Derby Evening Telegraph, Feb/10)

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