Smith Partnership Win High Court Appeal Case against London Mayor Boris Johnson and the Secretary of State

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Smith Partnership has been successful in appealing a decision made by the City of London’s Planning Inspectorate against their client, Infocus Public Networks Limited.

The case related to telephone kiosks installed by Infocus, following a Planning Application which the Mayor of the City of London and the Secretary of State opposed, on the grounds that the kiosks added to street clutter and were of an unsightly design.

The disabled-friendly, eco-friendly, solar powered kiosks were placed across 7 sites in the City of Westminster in London. The Mayor and the Secretary of State maintained that they had objected to the kiosks within the 56 days statutory time limit allowed by the Planning Policy Guidance given to the Council. It was Infocus’ position that they did not meet this deadline. The kiosks are used as a means of telecommunication, but also many big brand names use them to advertise their services in city centre locations. Ironically, the City of London also entered into an advertising agreement with Infocus to allow them to feature an anti-begging campaign, centred around the City of London.

Claire Twells, Associate Partner in the Commercial Dispute Resolution team at Smith Partnership said: “We are delighted to have been successful in this Appeal on behalf of our client, allowing most of the kiosks to remain in place. It is very satisfying taking on the City of London and winning the case.”

Derek Parkin, a Director of Infocus Public Networks Limited, added: “This is an excellent result. We are extremely pleased to have been successful in the Appeal. This case will assist us in not only the City of London jurisdiction, but other jurisdictions when siting our kiosks. It is also quite empowering to have taken on Boris Johnson and been successful!”.