Leeds Council are trying to destroy my small business': Ex-employee hits out as fresh legal battle starts over roadside planters

Instaplanta, which provides roadside advertising space on timber floral planters, has been locked in long-running legal battles with the council.

It has previously alleged the authority had cost it more than £1m in lost profits by unfairly using its regulatory powers to exclude Instaplanta from the roadside advertising market in favour of its own sponsorship arrangements. The council had denied the claim and said applications had been legitimately rejected.

In summer 2023, the council and Instaplanta reached a financial settlement with no admission of liability from the council in advance of a planned Competition Appeals Tribunal (CAT) hearing on the matter.

But the issue is now returning to court after Instaplanta lodged a fresh claim with CAT arguing the council’s “anti-competitive conduct” has continued.

Its claim states when Instaplanta applied to place 15 wooden planters around Leeds in October 2023, it was told it needed to pay a non-refundable £3,909 in advance of any highways authorisation decision, would need to apply separately for planning permission for any advertising on them and was warned that each of the intended sites carried safety concerns.

The claim said: “LCC has treated other similar applicants in a markedly different manner to the claimant, without any obvious or valid justification and has, through its charging system, imposed illicit, unfair and unreasonable barriers to entry.”

Leeds Council has responded by filing its own claim against Instaplanta in the High Court arguing that the terms of the settlement agreement prevents the new claim, with the CAT hearing put on hold until a decision is made in that matter.

Instaplanta director and co-founder Malcolm Simpson, who previously worked for the council before leaving to focus on the company, said council spending data indicates it spent over £425,000 on external lawyers and experts during the previous legal battle on the matter and is now committing further public money to the issue with a new law firm hired for the High Court case.

He said: “I now believe that LCC will not be content until they destroy my Leeds-based business. So much so, they are now taking my company to the High Court to look to prevent Instaplanta from obtaining access to natural justice at the Competition Tribunal, all at the taxpayers’ expense.

"I find this particularly disturbing having spent almost 25 years of my working life in LCC’s employ.

"Whilst the settlement agreement has to remain confidential, it was publicly documented that LCC spent circa £500,000 on external legal fees alone during the last case – all to prevent a small Leeds based business doing what LCC allows itself and many other organisations to do.

"Placing unfair restrictions and demands on Instaplanta alone is unacceptable, unjust and unbecoming of a public authority.

"All this, when the council themselves have admitted that our free planter scheme is a benefit to communities.

"LCC has recently publicly stated that it has to make tough financial decisions, such as removing funding for child bereavement services, introducing car park charges at public parks and looking to close bowling greens. It is consequently ludicrous that LCC are now looking to spend even more taxpayer money on stopping a legitimate Leeds based business from going to work.

"Our only ambition is to be treated equally and fairly. Until LCC operate on these principles and abide by their own core values and the law we have no option but to fight this continuing abusive behaviour.”

A spokesperson for Leeds City Council said: “We are not in a position to comment on this matter as it is the subject of an ongoing legal process."

The council also said it was unable to comment on the spending data.