Winfield's boss loses his battle to keep sign in Rossendale

5:00pm Thursday 29th November 2012 in News Photograph of the Author By Peter Magill, Chief reporter

Winfield's boss loses his battle to keep sign in Rossendale Winfield's boss loses his battle to keep sign in Rossendale

A LEISURE boss has lost a High Court battle to keep one of East Lancashire’s best-known advertising hoardings.

Dale Winfield, owner of the eponymous store at Rising Bridge, had taken his battle over the prominent sign, erected on a hill he owns off the A56.

His lawyers have argued that the hoarding had been in location, on and off for 10 years, the period required under law for it to become ‘permanent’.

Even when posters had been removed from the site, under threat of action from the council, it remained as an ‘advertisement’ location.

Last September Mr Winfield applied to Rossendale Council for a ‘certificate of lawfulness’ for the structure, which was refused. Unabashed he then took his case to a planning inspector, who upheld the Valley council’s ruling, and then an appeal was lodged with the Administrative Court in London.

And when that failed he secured a hearing at the Court of Appeal’s Civil Division for a final ruling on the matter.

But Lord Justice Maurice Kay, vice president of the court, sitting with Lord Justice Elias and Sir Stephen Sedley, have also rejected his case.

He said that ‘common sense’ dictated if the hoard-ing was unadorned then it could not be considered an ‘advertisement’.

Lord Justice Elias added: “The inspector made an unequivocal finding that the advertisements were taken down to remedy the breach of planning control.”

In reaching the ruling though, Sir Stephen said that the Communities Department should re-examine the wording of existing legislation on the issue, which was defined in court as ‘cumbersome’ and ‘unwieldy’.

Comments (16)

5:09pm Thu 29 Nov 12

Maximus Meridius says...

Do a bit of landscaping, buy a lorry trailer, stick your ad on the side & drop it off on site - simples!
Do a bit of landscaping, buy a lorry trailer, stick your ad on the side & drop it off on site - simples! Maximus Meridius

5:18pm Thu 29 Nov 12

A Darener says...

Maximus Meridius wrote:
Do a bit of landscaping, buy a lorry trailer, stick your ad on the side & drop it off on site - simples!
I think you will find that this has been made illegal!
[quote][p][bold]Maximus Meridius[/bold] wrote: Do a bit of landscaping, buy a lorry trailer, stick your ad on the side & drop it off on site - simples![/p][/quote]I think you will find that this has been made illegal! A Darener

5:20pm Thu 29 Nov 12

useyourhead says...

plonk a caravan on it and claim to be a traveller!
plonk a caravan on it and claim to be a traveller! useyourhead

5:32pm Thu 29 Nov 12

mys says...

Omg what's the problem it's been there years, talk about making a mans life hard,
Omg what's the problem it's been there years, talk about making a mans life hard, mys

6:03pm Thu 29 Nov 12

pwitch says...

Totally agree with previous comments. What harm was the advertising poster doing? The pathetic council workers need to get a life. Maybe they are being paid off to make a fuss by a rival business. After so long for the ad to be there, there must be another person behind the 'legal' fight. The Winfield business is worth a visit and I hope it flourishes in spite of the council plonkers.
Totally agree with previous comments. What harm was the advertising poster doing? The pathetic council workers need to get a life. Maybe they are being paid off to make a fuss by a rival business. After so long for the ad to be there, there must be another person behind the 'legal' fight. The Winfield business is worth a visit and I hope it flourishes in spite of the council plonkers. pwitch

6:43pm Thu 29 Nov 12

her from here says...

Had anybody complained about the poster? or is it just the council doing something just because they can. I'm sure they could find something better to do
Had anybody complained about the poster? or is it just the council doing something just because they can. I'm sure they could find something better to do her from here

6:43pm Thu 29 Nov 12

Legal Beagle says...

This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law.

It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'.

And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it.
This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law. It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'. And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it. Legal Beagle

6:55pm Thu 29 Nov 12

mavrick says...

While technically the sign was in breach of planning law, I am sure a more amicable solution could have been found. A bit of give on both sides would have saved both sides a fortune. Lawyers win again.
While technically the sign was in breach of planning law, I am sure a more amicable solution could have been found. A bit of give on both sides would have saved both sides a fortune. Lawyers win again. mavrick

7:00pm Thu 29 Nov 12

her from here says...

Legal Beagle wrote:
This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law.

It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'.

And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it.
It's not in a front garden it's on land he owns. It's been there for years.
[quote][p][bold]Legal Beagle[/bold] wrote: This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law. It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'. And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it.[/p][/quote]It's not in a front garden it's on land he owns. It's been there for years. her from here

7:00pm Thu 29 Nov 12

her from here says...

Legal Beagle wrote:
This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law.

It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'.

And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it.
It's not in a front garden it's on land he owns. It's been there for years.
[quote][p][bold]Legal Beagle[/bold] wrote: This is excellent news. I can't abide people who think that just because they've got money they are exempt from the law. It's good to see that despite employing fancy lawyers he got his come-uppance, and has to observe the law of the land just like `the little people'. And to those idiots who criticise the council for enforcing the law perhaps you could offer to host his advert in your front garden if you feel so strongly about it.[/p][/quote]It's not in a front garden it's on land he owns. It's been there for years. her from here

8:48pm Thu 29 Nov 12

turbo5 says...

If I was him I would relocate the store and let the council explain why hundreds of jobs have been lost or transfered and they lose their business taxes also
If I was him I would relocate the store and let the council explain why hundreds of jobs have been lost or transfered and they lose their business taxes also turbo5

9:11pm Thu 29 Nov 12

Info-warrior says...

His handshakes all wrong..t. He could shut the site completely dumping all who work there unemployed which could cost the tax payers tens of thousands in benefits for those who get sacked "he if really wanted to be nasty about it"


Ridefree
His handshakes all wrong..t. He could shut the site completely dumping all who work there unemployed which could cost the tax payers tens of thousands in benefits for those who get sacked "he if really wanted to be nasty about it" Ridefree Info-warrior

9:17pm Thu 29 Nov 12

A Darener says...

I'm sure Blackburn with Darwen council would welcome him and his business with open arms.
I'm sure Blackburn with Darwen council would welcome him and his business with open arms. A Darener

9:39pm Thu 29 Nov 12

Info-warrior says...

I find those people who have started turning up on street corners in sandwich boards in all local towns far more visually offensive distracting and dangerous than any sign in a field in middle of nowhere...

A Darener: as a good poiint am sure BwD will find him a nice big warehouse with adjoining field for a hundred signs, bouncey castle and balloons. Sound a good day out already can't wait for the new Blackburn with Darwen Winfields to open wonder if they'll be having a carboot on Sundays nextdoor..?
I find those people who have started turning up on street corners in sandwich boards in all local towns far more visually offensive distracting and dangerous than any sign in a field in middle of nowhere... A Darener: as a good poiint am sure BwD will find him a nice big warehouse with adjoining field for a hundred signs, bouncey castle and balloons. Sound a good day out already can't wait for the new Blackburn with Darwen Winfields to open wonder if they'll be having a carboot on Sundays nextdoor..? Info-warrior

7:22am Fri 30 Nov 12

2 for 5p says...

Info-warrior wrote:
His handshakes all wrong..t. He could shut the site completely dumping all who work there unemployed which could cost the tax payers tens of thousands in benefits for those who get sacked "he if really wanted to be nasty about it"


Ridefree
Yes he could but then he would lose out on millions of £ proffits.
Mr winfiekd is not doing this business for the sake of the employers he's doing it for himself.
Well done council for sticking to your guns winfiekd will have to pay for his advertising like everyone else..
[quote][p][bold]Info-warrior[/bold] wrote: His handshakes all wrong..t. He could shut the site completely dumping all who work there unemployed which could cost the tax payers tens of thousands in benefits for those who get sacked "he if really wanted to be nasty about it" Ridefree[/p][/quote]Yes he could but then he would lose out on millions of £ proffits. Mr winfiekd is not doing this business for the sake of the employers he's doing it for himself. Well done council for sticking to your guns winfiekd will have to pay for his advertising like everyone else.. 2 for 5p

6:27pm Fri 30 Nov 12

pdb951 says...

If I was Mr Winfield I would look for another site and get out of Rossendae as it really isn't worthy of his business. There are too many corrupt people making decisions that are not required by the people who count
If I was Mr Winfield I would look for another site and get out of Rossendae as it really isn't worthy of his business. There are too many corrupt people making decisions that are not required by the people who count pdb951

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