Orange Personal Communications Services Ltd & Ors, R (on the application of) v London Borough of Islington

Orange Personal Communications Services Ltd & Ors, R (on the application of) v London Borough of Islington

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, and is not defeated by subsequent designation of the land as a conservation area. The withdrawal of enforcement notices was therefore unlawful.

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 (planning) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Permitted Development Rights, Prior Approval, Conservation Areas, Enforcement Notices, Town and Country Planning
Planning Law Administrative Law Permitted Development Rights Prior Approval Conservation Areas Enforcement Notices Town and Country Planning

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Parties

Orange Personal Communications Services Ltd and Others

Claimants/respondents

London Borough of Islington

Defendant/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the right to develop under a prior approval notice is defeated by subsequent designation of a conservation area
  2. 2 Whether withdrawal of enforcement notices was lawful

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, and is not defeated by subsequent designation of the land as a conservation area. The withdrawal of enforcement notices was therefore unlawful.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court order quashing withdrawal notices upheld