ASA Adjudication on Manorlane Ltd

Ad

A regional press ad for the Hermitage, Newton Mearns, housing development had the headline "LUXURY LIVING HAS FINALLY ARRIVED." Text underneath stated "Be at home in one of the most exclusive addresses in Scotland. Surrounded by lush countryside, yet just seven miles south of the thriving city of Glasgow, this limited collection of exquisite homes lies in the heart of Newton Mearns."

Issue

One complainant challenged whether:

1. the claim "surrounded by lush countryside" was misleading and could be substantiated, because he believed the development was surrounded by a housing estate and the M77 motorway, and

2. the claim "just seven miles south of the thriving city of Glasgow" was misleading, because he believed it was much closer to Glasgow.

CAP Code (Edition 11)

Response

1. Manorlane Ltd (Manorlane) provided a weblink for a map which they said showed the Hermitage development site, and the wider area of Newton Mearns, situated in the countryside. They argued that the Hermitage site was not bounded by the M77, but that the larger "Greenlaw" development, of which their site was a part , was bounded by the M77. Manorlane said their development was surrounded by a "landscape buffer," as a planning requirement to preserve the countryside location. They explained that the "landscape buffer" was between four and five metres in width and ran around the edges of those parts of the development that adjoined existing housing. Manorlane submitted a layout plan for the site, which showed the "landscape buffer."

2. Manorlane pointed out that the map showed the distance between Newton Mearns and Glasgow city centre as exactly seven miles. They said Glasgow's city boundary was less than seven miles from Newton Mearns, but that it was clear from the ad that they were referring to the city centre.

Assessment

1. Upheld

The ASA noted the map provided by Manorlane. We also noted that the map pre-dated the Hermitage development and therefore did not make clear the extent to which the development would extend into the green space to the east of the point where the development site was marked. We noted Manorlane's explanation that the Hermitage site was part of the larger "Greenlaw" development, which we understood was a housing and business building initiative that would take place over a 119-acre site. We considered that that was a significant building project that would alter the amount of green space in the area designated on the map.

We acknowledged that the wider area surrounding the town of Newton Mearns was countryside. However, we considered that consumers were likely to interpret the claim "Surrounded by lush countryside ... this limited collection of exquisite homes lies in the heart of Newton Mearns" to mean that the immediate vicinity around the development was rural and isolated. We understood from the map and "landscape buffer" plan that the Hermitage development adjoined an existing suburban area to the South, which itself was part of the town of Newton Mearns. We also understood that the M77 motorway was a quarter of a mile to the east of where the development site was marked on the map, but we considered that that distance could be less for some parts of the development once it had been completed. Because we considered that the phrase "Surrounded by lush countryside" exaggerated the country location of the Hermitage development, we concluded that the ad was misleading.

On this point the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

2. Not upheld

We noted that the map provided by Manorlane showed that the distance from the Hermitage development site to the centre of Glasgow was seven miles. We considered that the phrase "thriving city of Glasgow" would be understood by most consumers to refer to the City's central attractions. Because the development was seven miles from Glasgow city centre, we concluded that on this point the ad was not misleading.

On this point we investigated the ad under CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

Action

The ad must not appear again in its current form. We told Manorlane not to repeat the claim that the Hermitage development was "surrounded by lush countryside."

Adjudication of the ASA Council (Non-broadcast)