COURT action to revive planning prosecution against two companies who advertised at the side of the M62 has failed.

Calderdale Council went to the High Court in London yesterday in a bid to revive a prosecution over alleged breaches of planning regulations by a haulage company and local farmer.

They took action over adverts emblazoned on lorries or trailers beside the M62 at Hartshead Moor, which its lawyers claimed violated planning rules because no proper consent was obtained beforehand.

They prosecuted against Steve Quinn – trading as Shrewsbury-based Active Vehicle Hire (AVH) – and the Windy Bank Dairy Farm Ltd, based at Liversedge, alleging breaches of the Town and County Planning Act.

It’s said that AVH had allowed Windy Bank Dairy Farm to use its vehicles, which were sited on the dairy’s land at Hartshead Moor.

In February this year Calderdale Magistrates rejected six “summonses” brought against Windy Bank Dairy Farm over the adverts, and one summons brought against Mr Quinn.

Clearing both, magistrates ruled that the hired vehicles’ “principal use” was for maintaining the perimeter of the farmland and transporting cattle – not advertising.