The government of France has been partially successful in an appeal over planning decisions relating to Foxtons’ founder Jon Hunt’s plans for the redevelopment of his Kensington mansion, which include a major basement extension of the property.
However, while the Court of Appeal quashed one of two certificates of lawfulness in respect of the project, this is not expected to have an impact on Hunt’s development as the second remains in force.
Tom Cosgrove QC, who appeared on behalf of the Royal Borough of Kensington and Chelsea, said: “Although the court recognised that the real complaint by the French government was about the merits of the decisions with regard to the granting of planning and listed building consents and the adverse effects that it considered the works would have upon the residence of the ambassador, it is unlikely that the judgment will provide any comfort to the French government in seeking to prevent development actually taking place.”
He said that as the other certificate under section 192 of the Town and Country Planning Act 1990 was not quashed, the approach of the council has been upheld and that Hunt and his wife Lois now have “a clear affirmation that the building works and use it intends to carry out pursuant to the 2008 planning permission are lawful”.
He added: “The developer will need to consider whether it has sufficient comfort to proceed or not, which is a matter entirely for it.”
Though the certificate issued under section 26H of the Listed Buildings Act 1990 was found to be not valid, this was only on a technicality because the council had no power to make it in the particular circumstances of this case. Cosgrove said that this “does nothing to undermine the reasoning behind and underlying the issue of the certificate”.
The French claim that the proposed works will have a “damaging” effect on its diplomatic mission, because of the impact they will have on the ambassador of France’s residence next door.
At the planning court in 2015, France lost its challenge to certificates of lawfulness granted by the Royal Borough of Kensington and Chelsea, which confirmed that an earlier planning permission had been lawfully implemented and the works could be completed.
The French asked Lord Justice Patten and Lord Justice Hickinbottom to overturn that decision and quash the certificates, thereby preventing Hunt and his wife Lois from proceeding with the proposed works designed to make their property at 10 Kensington Palace Gardens suitable for residential accommodation. The Hunts bought the Grade II listed premises for £14m in 2005.
Paul Stinchcombe QC, representing the French government, has argued that the proposals are for a “very considerable” redevelopment of 10 Kensington Palace Gardens, which “would be of concern to neighbours in any location, but this location is particularly sensitive”.
He said that the neighbouring 11 Kensington Palace Gardens is occupied by the ambassador of France as her official residence, where she hosts important diplomatic functions and provides accommodation for other French officials and government members.
He said: “Being the only building of the French mission to the United Kingdom to comprise meeting rooms, it is used exclusively and on a daily basis to conduct valuable diplomatic activities, such as holding seminars, conferences and receptions with regular attendance of important guests including members of the royal family, ministers, members of parliament and other dignitaries. The claimant considers that the proposals at issue under the certificates would have an extremely detrimental and damaging impact on its ability to conduct this mission.”
In 2005, planning permission was granted for alterations and extensions that 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 proposed basement from more than 23 metres to 11 metres.
To send feedback, e-mail jess.harrold@egi.co.uk or tweet @jessharrold or @estatesgazette
