O2(UK) Ltd v Secretary of State for Communities & Local Government

O2(UK) Ltd v Secretary of State for Communities & Local Government

The Inspector erred in law by treating the development as a single development without enabling submissions on whether it should be regarded as two separate developments. The decision must be quashed and remitted for reconsideration.

Parties
Claimant: O2(UK) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
02 March 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Inspector's decision quashed and matter remitted to Secretary of State for reconsideration.
Legal Topics
Permitted Development, Telecommunications Equipment, Prior Approval Procedure, Interpretation of Statutory Provisions
Planning Law Administrative Law Permitted Development Telecommunications Equipment Prior Approval Procedure Interpretation of Statutory Provisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

O2(UK) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Islington

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the cumulative volume of radio equipment housing should be considered for permitted development under GPDO Part 24, Class A, paragraph A.2(4)(b)
  2. 2 Whether the Inspector erred in law by treating the development as a single development without allowing submissions on separation

Ratio Decidendi

The Inspector erred in law by treating the development as a single development without enabling submissions on whether it should be regarded as two separate developments. The decision must be quashed and remitted for reconsideration.

Court Disposition

Inspector's decision quashed and matter remitted to Secretary of State for reconsideration.

Orders

  • Matter remitted to Secretary of State for Communities and Local Government for redetermination.
  • Claimant awarded two-thirds of their costs payable by the Secretary of State.