Source: All England Reporter
Publisher Citation: [2004] All ER (D) 156 (Sep)
Neutral Citation: [2004] EWHC 2145 (Admin)
Court: Administrative Court
Judge:

Judge Rich QC
Representation William Upton (instructed by Richard Buxton) for the claimant.
  Saira Sheikh (instructed by Sharpe Pritchard) for the local authority.
Judgment Dates: 18 June 2004

Catchwords

Town and country planning - Development - General permitted development - Telecommunications - Prior approval for siting and appearance requirement - Decision not made within specified time - Developer erecting mast - Subsequent decision not to require prior approval - Reasonableness of decision.

The Case

Where the defendant local planning authority had not reached a decision as to the requirement for prior approval of the siting and appearance of a telecommunications mast within the specified time limit, as laid out in the Town and Country Planning (General Permitted Development Order) 1995, , the decision could not be said to be Wednesbury unreasonable. The claimant had not supplied any specific evidence in the way of considerations that had not been taken into account. Accordingly, the claimant's application for judicial review would be dismissed.

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