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R (Orange PCS Ltd and ors) v London Borough of Islington [2005] EWHC 963

DATE: 01 Jan 2005

The Court of Appeal has rejected an appeal by Islington LBC against the decision of Crane J ([2005] EWHC 963 (Admin)), who had allowed the Claimants’ claim for judicial review of enforcement action taken by Islington against the installation of mobile telecommunications equipment in the Highbury New Park Conservation Area.

The First Claimant had installed its equipment in reliance on a prior approval granted under Part 24 of the General Permitted Development Order 1995. Following the grant of prior approval, but prior to the completion of the works, the site had been included in the conservation area, which would prevent any future reliance on permitted development rights on the site. The Claimants successfully argued before Crane J and the Court of Appeal that their right to develop the site had crystallised at the time of the grant of prior approval so that the subsequent designation of the site as a conservation area could not affect their right to develop the site in accordance with the details approved.

The Claimants were represented by Christopher Katkowski QC and Tim Buley. Reuben Taylor acted for the Defendant Council.