New World Payphones Ltd v Westminster City Council & Anor

A development comprising a telephone kiosk with an integrated illuminated advertisement panel is a dual purpose development and does not fall wholly within Part 16 Class A of the GPDO. Therefore, it is not permitted development and requires express planning permission. The Inspector erred in granting prior approval.

Parties: Appellant: New World Payphones Limited; First Respondent: Westminster City Council; Second Respondent: The Secretary of State for Housing, Communities and Local Government
Jurisdiction: England and Wales
Judgment Date: 18 December 2019
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: Appeal dismissed; cross-appeal dismissed
Legal Topics: Permitted Development, Advertisement Consent, Interpretation of GPDO, Mixed Use Development

Planning Law Administrative Law Permitted Development Advertisement Consent Interpretation of GPDO Mixed Use Development

Case Brief

Summary, issues, holding and outcome

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Parties

New World Payphones Limited

Appellant

Westminster City Council

First Respondent

The Secretary of State for Housing, Communities and Local Government

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether a telephone kiosk with an integrated illuminated advertisement panel falls within the scope of permitted development under Part 16 Class A of the GPDO
2 Whether the Inspector erred in granting prior approval for such development
3 Whether 'need' for the kiosk is a relevant consideration under the GPDO

Ratio Decidendi

Court Disposition

Appeal dismissed; cross-appeal dismissed

Orders

Order of Ouseley J quashing the Inspector’s determination and upholding the Council’s refusal of prior approval remains in place.