The Royal Borough of Kensington and Chelsea’s much-litigated policy on basements is once again under scrutiny at the High Court – this time in a row over planning permission it granted for subterranean development at a multi-million pound property in Notting Hill.
In January, the authority approved a single-storey basement at 26 Portland Road, London W11 – which sold for more than £4m in 2015 – on an application by Jorge Manon and Bertha Morales. However, neighbour Ronald Kent, joint owner of 24 Portland Road, says that it did so in breach of its own basements planning policy introduced in 2015.
The policy defines basement development as “the construction or extension of one or more storeys of accommodation below the prevailing ground level of a site or property”, and limits such development to one storey, save for possible exceptions on large sites.
This latest case focuses on the meaning of “prevailing ground level”. Kent claims that earlier extensions of number 26 – a four storey rear closet wing in 1967 and a wraparound conservatory in the 1990s – lowered the ground level, thus preventing the grant of permission for further subterranean development under the policy.
In addition, he claims that the authority failed properly to have regard to preserving and enhancing the character and appearance of the surrounding conservation area.
The borough maintains that the earlier works carried out at number 26 did not constitute basement development, as they did not add a floor below the original level of the property. It says that the development permitted by this planning consent will be the first time that any floor is added beneath the original property, and so the proposal does not conflict with its policy.
