Telephone box outside 71 Upper Street, Islington (discharge of conditions)

appeal 6008275·Islington·22 September 2026dismissed
Decision
dismissed, 22 September 2026
Decided by
Planning Inspector: M Cryan
Authority
Islington (London)
Appeal reference
6008275
Application reference
P2025/2073/AOD
Procedure
written representations
Development
Approval of details (site management and servicing plans) under conditions 4 and 5 of a 2020 permission to convert a K6 kiosk to a retail unit
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
TCPA s91 (lapse of permission)
Main issues
whether the permission is extant

Summary

The appellant sought to discharge conditions on a 2020 permission to turn a red telephone kiosk into a shop. The appeal was dismissed because it had not been shown that the permission was implemented before it expired in March 2023 (DL ¶13). The merits of the plans were not considered.

What made the difference

A tenancy agreement and an electricity supply notice do not show a material operation or a change of use (DL ¶11). Seeking to discharge a pre-commencement condition two years late pointed to lapse (DL ¶12).

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
DM6not-engagedpermission not shown to have been implemented by 19 Mar 2023, so details could not be approved (DL 10-13)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.