Haslingden outdoor shop Winfield's appeals ruling over advertising signs (From Lancashire Telegraph)
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Haslingden outdoor shop Winfield's appeals ruling over advertising signs
11:13am Monday 15th October 2012 in News
By Tyrone Marshall, Reporter
The banner near Winfield's at Haslingden
ONE of Haslingden’s best known businesses is taking a fight to display banners on a road junction to the Court of Appeal.
Dale Winfield, owner of Winfield’s of Haslingden, claims he has been displaying advertisements for his shop on land at the junction of the A56 and A580 for more than 10 years.
He said he was entitled to a Certificate of Lawful Existing Use or Development (CLEUD), which would entitle him to carry on without the need for planning permission.
However, first Rossendale Borough Council, then a Government planning inspector refused him a CLEUD that would allow him to go on displaying the 13metre-long, 2.6metre-high banners on a wooden structure at the site.
He took his case to the High Court, but earlier this year, Mr Justice Supperstone rejected his challenge, to the earlier decisions and upheld the inspector’s original refusal.
Now though Mr Winfield has asked the Court of Appeal in London to order the Secretary of State for Communities and Local Government to have his application for a CLEUD reconsidered.
The court has reserved its decision, in order to give it in writing at a later date.
Mr Winfield claims he has used the site continually to advertise promotions at his shop since May 1997. He argued that in those circumstances he has acquired a right to do so without the need for planning permission.
However, lawyers for the Government said Mr Winfield removed the banners when required to do so by the council, and, each time he did so, it reset the clock for the purposes of the 10-year time period for acquiring such rights.
Mr Winfield argued that there were only short breaks of a few weeks at a time, and that the posts or wooden structure were in place even when banners were not displayed.
He said the judge was wrong not to find that his use of the site was continual for a 10-year period.
Dismissing his challenge in February, Mr Justice Supperstone said: “It is clear to me that the appellant’s actions in removing the advertisements when required to do so by the council were intended to remedy the breach of control at the time, thereby avoiding any further action by the council.”
He ordered Mr Winfield to pay the Government’s legal costs of £8,000.
Comments(22)
i know alot
says...
12:46pm Mon 15 Oct 12
always sumot
says...
1:29pm Mon 15 Oct 12
Instead of sitting on your ars*s and making rash decisons think it through
her from here
says...
1:47pm Mon 15 Oct 12
HelmshoreBoy wrote:Good ideal but I don't think they would listen
Why not offer to keep the grass cut on the verges and roundabout as a sweetener, seeing as though the respective councils cannot come to some form of solution. It would be a nice "Gateway to Rossendale" which all the councillors are always banging on about!
zubs79
says...
1:53pm Mon 15 Oct 12
i know alot wrote:Whats name got to do with what council decides
The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.
sen c ble
says...
2:27pm Mon 15 Oct 12
zubs79 wrote:Hey Zubs,
i know alot wrote:Whats name got to do with what council decides
The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.
This 'iknowalot' idiot always posting in this fashion anything concerning asian names and the success they bring, hence comment!
Another Day
says...
3:20pm Mon 15 Oct 12
i know alot wrote:First of all why bring a Mr Khan in to this post it had nothing to do with Mr Khan or Mr Patel , or what ever name you choose to make up to make yourself sound clever , stick to the point of the article which is about the sign , not Asians or any other issues you do not agree with, you would seem not to know a lot really ,
The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.
Izanears
says...
3:48pm Mon 15 Oct 12
When it comes to signs you could say the same about 'councils'. Despite the possibilty that they might distract drivers,Lancashire County Council positively encourage signs on rundabouts. In Pendle signs are springing up on buildings, verges, railings etc etc. When I complained I ws told that they take a pragmatic view to signs.
It seems that the left hand does not know what the right is doing.
jim fixed it for me
says...
4:14pm Mon 15 Oct 12
Izanears wrote:Quite right only when it suits them.Mr Winfield should stick the sign in the middle of the roundabout.Its ok for companys to advertise on roundabouts but not for winfields to advertise on their own land.It stinks to high heaven.The sign has been in the field for years.Is it is someone in the council or highways dept that is jealous of how 1 normal guy can build up a business from nothing.The council want to think of how many visitors Winfields have fetched to the area over the years and spending money in the valley.The council also want to take into concideration how many jobs winfields offer to the local comunity....Instead of picking at little things like an advertisement to promote a business and the local economy they should be thinking about getting other businesses on their feet doing the same thing..... GOOD LUCK WINFIELDS HOPE THE COUNCIL AND HIGHWAYS USE COMMON SENCE.
Winston Churchill said that the Russians are a puzzle inside a mystery inside an enigma, (or something similar) When it comes to signs you could say the same about 'councils'. Despite the possibilty that they might distract drivers,Lancashire County Council positively encourage signs on rundabouts. In Pendle signs are springing up on buildings, verges, railings etc etc. When I complained I ws told that they take a pragmatic view to signs. It seems that the left hand does not know what the right is doing.
JayEss
says...
4:20pm Mon 15 Oct 12
i know alot wrote:The first half of this makes sense. The council are wasting money on something pointless.
The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.
Then the casual racism starts. Not called for, not relevant and not right.
2 for 5p
says...
4:52pm Mon 15 Oct 12
jim fixed it for me
says...
5:24pm Mon 15 Oct 12
2 for 5p wrote:Its not about weather its Winfields or Asda its about the council and other departments using common sence.The sign in question has been there years so what is the problem..If you didnt know times are hard for all businesses if you cant tell people what offers you have how do you expect to survive....
No one else is allowed to go around erecting A boards what makes you so special winfields.
i know alot
says...
5:36pm Mon 15 Oct 12
JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.
i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
JayEss
says...
7:27pm Mon 15 Oct 12
i know alot wrote:You didn't say that putting a sign in Blackburn was ok but not in Haslingden.
JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.
i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
You implied that being called Mr Khan (so likely to be Asian) meant you would be allowed to do what you want.
You might want to see a Doctor about that chip on your shoulder. It's making you stoop to new lows.
i know alot
says...
8:09pm Mon 15 Oct 12
JayEss wrote:Now where did i say in the comment that Mr.Khan was Asian.That is what you are assuming,and it is you yourself that is assuming Mr.Khan was asian that he would be allowed to do what he wanted.Read the comments through and i dont mention one word about being asian or calling anyone asian,
i know alot wrote:You didn't say that putting a sign in Blackburn was ok but not in Haslingden. You implied that being called Mr Khan (so likely to be Asian) meant you would be allowed to do what you want. You might want to see a Doctor about that chip on your shoulder. It's making you stoop to new lows.JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
i know alot
says...
8:15pm Mon 15 Oct 12
JayEss wrote:Now where did i say in the comment that Mr.Khan was Asian.That is what you are assuming,and it is you yourself that is assuming Mr.Khan was asian that he would be allowed to do what he wanted.Read the comments through and i dont mention one word about being asian or calling anyone asian,
i know alot wrote:You didn't say that putting a sign in Blackburn was ok but not in Haslingden. You implied that being called Mr Khan (so likely to be Asian) meant you would be allowed to do what you want. You might want to see a Doctor about that chip on your shoulder. It's making you stoop to new lows.JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
sen c ble
says...
8:26pm Mon 15 Oct 12
i know alot wrote:For you to suggest Mr Khan, you are suggesting a person not of a indigenous name. That would be any person with an 'asian' background. Stop trying to wriggle yourself out. It's clear to all what you meant and it's not the first time you stupidly showed your true colours, and the verbal abuse you have posted to asians decently commenting on the LT. This is a advertising topic article. Comment reasonably, otherwise ******f.
JayEss wrote:Now where did i say in the comment that Mr.Khan was Asian.That is what you are assuming,and it is you yourself that is assuming Mr.Khan was asian that he would be allowed to do what he wanted.Read the comments through and i dont mention one word about being asian or calling anyone asian,
i know alot wrote:You didn't say that putting a sign in Blackburn was ok but not in Haslingden. You implied that being called Mr Khan (so likely to be Asian) meant you would be allowed to do what you want. You might want to see a Doctor about that chip on your shoulder. It's making you stoop to new lows.JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
Another Day
says...
9:00pm Mon 15 Oct 12
sen c ble wrote:I agree with you sen c ble , why did he not say Mr Smith or Mr Brown , you are a full of s*** I know it all , just to let you know I am not Asian either
i know alot wrote:For you to suggest Mr Khan, you are suggesting a person not of a indigenous name. That would be any person with an 'asian' background. Stop trying to wriggle yourself out. It's clear to all what you meant and it's not the first time you stupidly showed your true colours, and the verbal abuse you have posted to asians decently commenting on the LT. This is a advertising topic article. Comment reasonably, otherwise ******f.
JayEss wrote:Now where did i say in the comment that Mr.Khan was Asian.That is what you are assuming,and it is you yourself that is assuming Mr.Khan was asian that he would be allowed to do what he wanted.Read the comments through and i dont mention one word about being asian or calling anyone asian,
i know alot wrote:You didn't say that putting a sign in Blackburn was ok but not in Haslingden. You implied that being called Mr Khan (so likely to be Asian) meant you would be allowed to do what you want. You might want to see a Doctor about that chip on your shoulder. It's making you stoop to new lows.JayEss wrote:Where is the racism in the above comment.Your telling me that calling someone Mr.Khan is racist.....i dont think so.The point is if you put a sign up in Blackburn its ok nothing said.You put a sign up in Haslingden you get every tom dick and harry telling you to get it down.i know alot wrote: The councils are just complete idiots.. All the cutbacks that these pri**s are doing and you have a business that is trying to survive and keep people employed.what harm is the sign doing to anyone. It has been there for over 10 years and never hurt one single person. Why don't the di**s at the council spend more time trying to get more business into rossendale rather than having all this red tape...if mr Winfield was called mr khan then I wouldn't have thought he would have a problem with the permission... Corrupt councillors getting paid too much for making an arse of everything.The first half of this makes sense. The council are wasting money on something pointless. Then the casual racism starts. Not called for, not relevant and not right.
i know alot
says...
9:37pm Mon 15 Oct 12
Mr Purple
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8:57am Tue 16 Oct 12
disgusted tunbridge wells
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10:11am Wed 17 Oct 12
Symboy21
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3:20pm Fri 19 Oct 12
HelmshoreBoy says...
11:52am Mon 15 Oct 12