Infocus Public Networks Ltd v Secretary of State for Communities and Local Government & Ors [2010] EWHC 3309 (Admin) (17 December 2010)

Infocus Public Networks Ltd v Secretary of State for Communities and Local Government & Ors [2010] EWHC 3309 (Admin) (17 December 2010)

A prior approval application under Part 24 is not validly received until the required fee is actually received by the planning authority; the 56-day period for deemed permission does not begin until that date. The Inspector erred in law by treating the presence of advertising material on the kiosks as a determinative factor in refusing prior approval, as advertisement control is governed by a separate regulatory regime and is not a material consideration for siting and appearance unless it directly affects those aspects.

Citation
[2010] EWHC 3309 (Admin)
Parties
Appellant: Infocus Public Networks Limited; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: The Mayor and Commonality of the Citizens of London
Jurisdiction
England and Wales
Judgment Date
17 December 2010
Procedural Posture
Statutory Appeal Under Section 289(1) Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal allowed in part
Legal Topics
Permitted Development Rights, Prior Approval Procedure, Planning Enforcement, Control of Advertisements, Judicial Review of Planning Decisions
Administrative Law Planning Law Permitted Development Rights Prior Approval Procedure Planning Enforcement Control of Advertisements Judicial Review of Planning Decisions

Case Brief

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Parties

Infocus Public Networks Limited

Appellant

The Secretary of State for Communities and Local Government

First Respondent

The Mayor and Commonality of the Citizens of London

Second Respondent

Procedural Posture

Statutory Appeal Under Section 289(1) Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 When is a prior approval application under Part 24 of the GPDO validly 'received' for the purposes of the 56-day decision period?
  2. 2 Is the presence of advertising material on telephone kiosks a material consideration in determining prior approval for siting and appearance under Part 24?
  3. 3 Did the Planning Inspector err in law in his approach to the substantive planning merits of the kiosks?

Ratio Decidendi

A prior approval application under Part 24 is not validly received until the required fee is actually received by the planning authority; the 56-day period for deemed permission does not begin until that date. The Inspector erred in law by treating the presence of advertising material on the kiosks as a determinative factor in refusing prior approval, as advertisement control is governed by a separate regulatory regime and is not a material consideration for siting and appearance unless it directly affects those aspects.

Court Disposition

Appeal allowed in part

Orders

  • The Inspector's decisions in relation to appeals A, C, E, F, and G are quashed to the extent that advertising material was treated as a determinative factor.
  • The matters are remitted for reconsideration in accordance with the court's judgment.