King Media Limited v Secretary of State for Housing, Communities and Local Government & Anor

Facts

King Media Limited, an outdoor advertising company, holds a 15-year lease allowing it to display an externally illuminated mesh shroud of about 10m x 10m on the Great Eastern Street elevation of 1 Great Eastern Street, Hackney. The building sits at a major six-lane junction within the South Shoreditch Conservation Area. It is not locally listed, but the conservation area appraisal identifies it as making a positive contribution. The advertisement had been in place for well over ten years, and the claimant had acquired deemed consent through that long use. The Council first considered enforcement action in 2014, reconsidered it in 2016, and issued a removal notice in October 2020 that it later withdrew. On 30 July 2024 it served a discontinuance notice under the Town and Country Planning (Control of Advertisements) (England) Regulations 2007. That notice was withdrawn and reissued on 30 August 2024. The Council said the advertisement caused substantial injury to the amenity of the locality, harmed heritage assets, and reduced the outlook and natural light of the building's occupants. The claimant appealed, relying on a heritage expert, Dr Miele, and on Article 1 of Protocol 1. By a decision dated 27 March 2025, an inspector appointed by the Secretary of State dismissed the appeal. The claimant then brought a statutory review under section 288 of the Town and Country Planning Act 1990. Lang J granted permission on all grounds.