Clauses Noted: 1
Publication: Ayr Advertiser
Spark of Genius (Trading) Ltd and Spark of Genius Trust complained through Harper Macleod LLP of Glasgow that an article which claimed that its home for children with emotional and behavioural problems at North Lodge had been opened “illegally” was inaccurate and misleading. As it was, the complainant considered that – contrary to South Ayrshire Council’s position – the existing use class for the premises (Class 9 under Town & Country Planning (Use Classes) (Scotland) Order 1997) was sufficient. Moreover, at the time of the article, no enforcement notice had been issued by the Council.
The complaint was resolved when the newspaper published an agreed follow-up article which made clear that an enforcement notice had been issued by the Council and that this had been appealed by the complainant. The article quoted a spokesman for Spark of Genius extensively, outlining its position that it had “at no stage acted illegally” and that there was “no question of any illegality on the part of Spark of Genius unless and until the enforcement notice is upheld following appeal and there is then a failure to comply with the terms of that notice”.
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