ASA Adjudication on Ellisons Land & New Homes

Ad

A local press ad, for a company that offered to appraise properties for potential 'backland' development, featured the claim "Unlock the hidden value of your property. Increasing the value by up to 100%".

Issue

The complainant challenged whether the claim was misleading because a 100% increase in the value of a property would require extensive development.  He believed planning permission was seldom granted in the area for the type of development promoted in the ad.

CAP Code (Edition 11)

Response

Ellisons Land & New Homes (Ellisons) said the ad had appeared in the Wimbledon Guardian for five years and had not previously been the subject of a complaint.  They said the ad was targeted at home owners, land owners and commercial property owners irrespective of the type of property or building they owned.  Ellisons gave details of eight properties where the value of a section of the land had increased by up to 100% and in some cases by more. They also gave details of eight planning applications in the London Borough of Merton that had been granted for similar developments.

Assessment

Not upheld

The ASA noted Ellisons sent examples, which demonstrated that property had increased in value ranging from 50% to 300%.  They also sent evidence that planning permission had been granted for developments in the area in which the ad appeared.  We understood from the London Borough of Merton's planning regulations that 'backland' developments were acceptable provided they met a set of criteria including the need for any development to remain in keeping with its surroundings.  We noted the complainants' objection and considered that it was premised on readers understanding the word "property" to refer to the whole area and value of a property, rather than the section intended for prospective development.  We considered, however, that readers were unlikely to understand the claim to refer to a property as a whole, merely the part that had been sold off for development.   We concluded that the ad was unlikely to mislead.

We investigated the ad under CAP code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Non-broadcast)