Airwave MM02 Ltd v First Secretary of State & Ors
Permitted development rights under Part 24 do not apply to development already carried out before the required procedural steps; the upright supports are apparatus, not antennae, and exceed the permitted height, thus planning permission is required.
- Parties
- Claimant: Airwave MM02 Limited; Defendant: First Secretary of State; Interested Party: Birmingham City Council
- Jurisdiction
- England and Wales
- Judgment Date
- 30 June 2005
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Judgment for the defendant; claim dismissed.
- Legal Topics
- Interpretation of Permitted Development Rights, Definition of Antenna Under Planning Law, Retrospective Planning Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Airwave MM02 Limited
Claimant
First Secretary of State
Defendant
Birmingham City Council
Interested Party
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the support structures of antennas are 'apparatus' or 'antenna' under Part 24 of the GPDO
- 2 Whether permitted development rights under Part 24 apply to development already carried out before application
- 3 Proper interpretation of 'antenna' for planning purposes
Ratio Decidendi
Permitted development rights under Part 24 do not apply to development already carried out before the required procedural steps; the upright supports are apparatus, not antennae, and exceed the permitted height, thus planning permission is required.
Court Disposition
Judgment for the defendant; claim dismissed.
Orders
- Costs awarded to the defendant assessed at £4,824.
Full Case Text
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