When a telephone kiosk is not a telephone kiosk

Five telephone kiosks have been refused as permitted development under Class 16 of the GPDO, 2015 in a Warwickshire City centre, as they included commercial advertisement displays and were therefore deemed as not being solely for the purposes of the operator's electronic communications network thereby falling outside the scope of the definitions in the GPDO.

The kiosks would comprise a freestanding, two-sided structure with the front side described as the telephony side and the rear side described as the advertisement side. The inspector referred to the Westminster City Council v Secretary of State for Housing, Communities and Local Government & New World Payphones Ltd [2019] judgment noting that if a development is partly for some other purpose beyond that of the operator’s network, it cannot be development ‘for the purpose’ of the operator’s network precisely because it is for something else as well. In this instance it was clear to the inspector that the rear face of the kiosks would incorporate areas expressly and specifically designed for the display of commercial advertisements and as such the proposed kiosks fell outside of the definitions set out in Schedule 2, Part 16, of the GPDO, 2015 (as amended). 

Inspector: K Savage; Written representations

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