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

- **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
- **Tags:** tier-2, conditions-discharge, lapsed-permission, transitional-no-consultation

## 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
- **DM6: not-engaged.** permission not shown to have been implemented by 19 Mar 2023, so details could not be approved (DL 10-13)

## Key facts
- Only evidence of implementation was a tenancy email and an electricity "deemed contract" notice (DL 10-11)
- Revised Framework's relevant provisions "were not altered significantly"; no submissions sought (DL 7)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008275
- https://appeal-planning-decision.service.gov.uk/published-document/147ddbe0-d2fc-449b-bff3-3fad519a388a

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008275.html

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