Telephone kiosks fall outside permitted rights

Appeals involving 11 telephone kiosks in the centre of Birmingham were all rejected because they did not conform to the requirements of Class A of Part 16 to Schedule 2 of the GPDO 2015.

The kiosks would be of modern lightweight design, open to one side with a hinged panel on the rear elevation. This appeared to be an opening for the posting/replacement of advertisements, and this was confirmed in the appellant’s appeal statement. In accordance with the judgment Westminster City Council v Secretary of State for Communities and Local Government & New Wold Payphones Ltd [2019], the display of advertisements meant that the proposal fell outside the scope of Class A. To be included within Class A, the inspector decided the entirety of the development must be required for the purposes of the operator’s network and not for any other purpose.

Inspector: R Sabu; Written representations

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