000			01974cab a2200253 4500
001			ABS68565
008			041213n2004 000 0 eng u
035			_a(Sirsi) u128285
245			_aPhoebe St Leger-Davey and James Harrison v First Secretary of State and Winchester City Council and Orange PCS Ltd
260			_c2004
490			_aProperty, Planning and Compensation Reports _v[2005] 2 P & CR 6, 86-96 (11)
520			_a[2004] EWCA Civ 1612, 1 December 2004. Appeal by LD and another against a HC decision ([2004] EWCA Civ 1612) refusing an application to quash a decision of an inspector appointed by the First SoS on 19 August 2003 following a public inquiry. The inspector had allowed an appeal by O against the refusal of Winchester City Council to grant prior approval for the siting and design of an 11.79m high telecommunications mast and an equipment cabin. The consideration for the basis of the appeal is whether the inspector took account of and correctly considered the effect of the code power granted by the statutory telecommunications code contained in the Telecommunications Act 1984 Sched 2. The availability of suitable alternative sites was also a key issue. Upheld the HC decision that the inspector after considering the relevant development policy, PPG8, the compulsory purchase powers available to telecommunication operators under the telecommunications code and possible alternative sites had reached the correct conclusion. Appeal dismissed. View judgment at www.bailii.org.
590			_aABS
650			_aST LEGER-DAVEY AND ANOTHER V FIRST SOS AND OTHERS
650			_aTELECOMMUNICATIONS CODE
650			_aTELECOMMUNICATIONS ACT 1984 SCHED 2
650			_aMASTS
650			_aALTERNATIVE SITES
650			_aPPG8
650			_aLOCAL DEVELOPMENT PLANS
690			_aPlanning and development _96259
856			_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/1612.html _zView judgment on the BAILII websiteƯ
942			_n0
999			_c74665 _d74665