Demo banner 'breaches planning'

Richard Butler and his banner for the Derby Heart group

A Derby train driver's banner protesting at plans to build a road through his front garden breaches planning regulations, a court heard.

Richard Butler, 45, hung it outside his home in the conservation area of Kedleston Road to object to city council plans for an inner ring road.

Planning officers are prosecuting him for an alleged breach of the Town and Country Planning Act, which he denies.

The banner advertised contact details for his pressure group Derby Heart.

We have a problem with advertisers finding loopholes in the laws, we do have a problem with fly posters Helen Barrington, prosecuting

On Wednesday, Mr Butler told Derby Magistrates Court it was a protest, and the statement "Save Five Lamps" was an objection to the scheme, and could not be classed as an advertisement.

He told the court: "The reason for putting the banner on my property is because Derby City Council want to put a road through my front garden."

Mr Butler accused planning officer Neil Jackson of refusing to help him stay within the law after he allegedly advised the rail worker against submitting a £220 planning application for the banner.

Ignored warnings

The court was told that Mr Butler ignored four letters from council officers ordering him to remove the banner.

Opening the case for the prosecution, Helen Barrington said: "This wasn't a small banner, it was an extensive banner that went across the front of Mr Butler's building.

"We have a problem with advertisers finding loopholes in the laws, we do have a problem with fly posters.

"We could have people putting banners on their houses sponsored by burger chains.

"You could have the situation of people putting signs on their houses saying a certain brand of burgers is best and saying it was an expression of interest not an advert."

The trial was adjourned until Monday.