Orange Personal Communications Services Ltd & Ors, R (on the application of) v London Borough of Islington [2006] EWCA Civ 157 (19 January 2006)

Orange Personal Communications Services Ltd & Ors, R (on the application of) v London Borough of Islington [2006] EWCA Civ 157 (19 January 2006)

In a prior approval case, planning permission accrues or crystallises upon the developer's receipt of a favourable response from the planning authority to the application. The subsequent designation of the site as a conservation area does not retrospectively extinguish that right. The local planning authority should use Article 4 procedures to restrict development if so advised.

Citation
[2006] EWCA Civ 157
Parties
Claimants/respondents: Orange Personal Communications Services Ltd and Others; Defendant/appellant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
19 January 2006
Procedural Posture
Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Permitted Development Rights, Prior Approval Process, Conservation Areas, Enforcement Notices, Town and Country Planning Act 1990
Planning Law Administrative Law Permitted Development Rights Prior Approval Process Conservation Areas Enforcement Notices Town and Country Planning Act 1990

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Parties

Orange Personal Communications Services Ltd and Others

Claimants/respondents

London Borough of Islington

Defendant/appellant

Procedural Posture

Judicial Review Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the right to develop under a prior approval notice is extinguished by subsequent designation of a conservation area
  2. 2 Whether the local planning authority was entitled to withdraw enforcement notices on the basis that permitted development rights no longer applied

Ratio Decidendi

In a prior approval case, planning permission accrues or crystallises upon the developer's receipt of a favourable response from the planning authority to the application. The subsequent designation of the site as a conservation area does not retrospectively extinguish that right. The local planning authority should use Article 4 procedures to restrict development if so advised.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the London Borough of Islington is dismissed.