A PROUD Helmsley farmer has been warned that he is breaking the law by flying the Yorkshire flag and must apply for advertising consent if he wants to keep it.

Andrew Wainwright, of Sproxton Hall Farm, received a letter from Ryedale District Council stating that, under advertising regulations, it is illegal to display the flag at his 19th century farmhouse without formal approval and payment of a £60 charge.

The farmer, who was born in Hovingham and has lived at Sproxton Hall with his family for 43 years, was outraged. "I'm a proud Yorkshireman, I was born and bred here and I love the county, it is a beautiful place and Yorkshire people are good, straight-talking people - what is wrong with showing pride in that?" he said.

The Wainwrights were inspired to get a flag pole after a recent trip to Canada, where they were impressed at how many households displayed the national flag.

"At first, I put up the Union Jack but then I came across a company in Leeds which sells the Yorkshire flag and thought 'well, why not do that?' I'm as proud of my county as I am of my country."

Senior planning officer for Ryedale District Council Paul Simpson said: "Under advertising regulations, flags constitute adverts and are, therefore, subject to advertisement consent. But the law gives some relaxation of that in relation to national flags.

"This flag prompted a complaint and we were obliged to assess the situation and found that the flag does need consent. However, this does not mean that consent would not be given if the residents applied for it.

"I would like to stress that this law is decided by central Government and is something we have to work with. It is not something the council has drawn up."

Chairman of Sproxton Parish Meeting Philip Blackman supports Mr Wainwright's pledge. "I think it's entirely to Mr Wainwright's credit that he wants to fly the Yorkshire flag. It shows that he is proud of being a Yorkshireman - he is not advertising for any material gain, he is just advertising his love of his county."

Mr Wainwright added: "We do not want to argue with the council - it just seems like a ridiculous law that should be changed."

The matter is now in the hands of the enforcement officer, and could lead to prosecution for Mr Wainwright. Members of the council will consider the case at the next area planning committee meeting and decide whether or not permission would have been granted, had he applied for it.

A spokesperson for the council said: "Obviously this is a sensitive issue, and as someone has complained we have to consider the views of all parties concerned."

Updated: 11:33 Wednesday, December 10, 2003