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

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

The Withdrawal Notices were wrongly issued because the proper route for the local planning authority to restrict permitted development rights after Conservation Area designation was by making an Article 4 direction, not by withdrawing Enforcement Notices. The designation did not retrospectively remove the claimants' accrued rights under the prior approval process. The remedies sought by the claimants were appropriate and should be granted.

Parties
Claimant: Orange PCS Limited; Claimant: Crown Castle UK Limited; Claimant: Hutchinson 3G (UK) Limited; Defendant: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
09 May 2005
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed
Legal Topics
Permitted Development Rights, Conservation Areas, Planning Permission, Enforcement Notices, Judicial Review
Planning Law Administrative Law Permitted Development Rights Conservation Areas Planning Permission Enforcement Notices Judicial Review

Case Brief

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Parties

Orange PCS Limited

Claimant

Crown Castle UK Limited

Claimant

Hutchinson 3G (UK) Limited

Claimant

London Borough of Islington

Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Withdrawal Notices withdrawing varied Enforcement Notices should be quashed
  2. 2 Effect of Conservation Area designation on existing permitted development rights under the Town and Country Planning (General Permitted Development) Order 1995
  3. 3 Whether claimants should have pursued an alternative remedy

Ratio Decidendi

The Withdrawal Notices were wrongly issued because the proper route for the local planning authority to restrict permitted development rights after Conservation Area designation was by making an Article 4 direction, not by withdrawing Enforcement Notices. The designation did not retrospectively remove the claimants' accrued rights under the prior approval process. The remedies sought by the claimants were appropriate and should be granted.

Court Disposition

Claim allowed

Orders

  • Withdrawal Notices quashed
  • Declaration granted as to the effect of Conservation Area designation on prior approval