The Planning Court has rejected an attack by the government of France on a decision confirming the lawfulness of Foxtons’ founder Jon Hunt’s plans for redevelopment of his Kensington mansion, which include a major basement extension of the property next door to the French embassy.
The ruling clears the way for Jon Hunt and his wife Lois to proceed with the proposed works at 10 Kensington Palace Gardens, the Grade II listed premises which they bought for £14m in 2005.
Holgate J rejected five grounds of challenge against certificates of lawfulness granted by the Royal Borough of Kensington and Chelsea in April 2015 which confirmed that an earlier planning permission has been lawfully implemented and the works can be completed.
While the judge found that the borough wrongly failed to enter a certificate issued under the Town and Country Planning Act 1990 on its planning register, which it conceded had been the result of an administrative error, he said that this could not provide a basis for quashing the decision.
The judge said that in 2005 planning permission was granted for alterations and extensions which would include subterranean space housing a swimming pool and a car museum, while an enlarged scheme was approved in 2008. However, in 2010, approvals were secured for a revised scheme reducing the scope of the development under the 2008 planning permission and listed building consent. This reduced the depth of the basement from more than 23 metres to 11 metres.
The French government had argued that the certificates were defective and should be quashed.
Tom Cosgrove of Cornerstone Barristers, who represented the authority, said after the decision: “This is good news for the Royal Borough of Kensington and Chelsea whose actions in granting certificates of lawfulness were upheld. The fact that the court would not give the French Government the opportunity to bring a judicial review highlights what the court referred to as ‘the unarguable’ legal grounds of the claim.”
The Queen on the application of Government Of The Republic Of France v Royal Borough Of Kensington And Chelsea Planning Court (Holgate J) 10 November 2015
