The structure, which incorporated a cash machine, had replaced an earlier conventional telephone kiosk. The appellants referred to rights available under class A, part 24, schedule 2 of the General Permitted Development Order 1995 for the installation, alteration or replacement of any apparatus required for the purpose of an operator's electronic communications network.
They argued that the kiosk's main function was as a payphone because more people used it to telephone than to withdraw cash. The council maintained that around 90 per cent of its form derived from its cash machine use. The inspector agreed that the structure's purpose was a mixed one and it therefore went beyond what is authorised by class A.
The original glazed kiosk had been replaced with a solid red and blue painted structure of almost identical shape but very different appearance, he found. He concluded that the solidity and bulk of the kiosk were harmful to the street scene.
DCS Number 100-050-384
Inspector Victor Ammoun; Written representations.