News

Davenport loses appeal over house parties

News

Jess Harrold

19 April 2011

Multimillionaire entrepreneur Edward Davenport has lost his appeal over the right to hold commercial parties, functions and film shoots at his Mayfair home.

Davenport had hoped the Court of Appeal would overturn a high court ruling last year granting an injunction barring the use of the £20m, 22,000 sq ft Georgian property at 33 Portland Place, W1, for non-residential purposes.

Lord Justice Munby said that an enforcement notice issued by Westminster city council in 2006 had “told the appellant what he had done wrong” and ordered him to stop using the property for commercial and other non-residential uses.

He said that Davenport never sought to appeal against that enforcement notice, and so had no answer to the council’s legal action.

Lord Justice Pill added that Davenport could have sought planning permission on the basis of his claim that the property was used for commercial purposes before 1960, but did not take that course.

He said: “The permitted use of the property is clear and the claim to an injunction cannot now be defeated by an assertion that broader uses are permitted.”

Davenport’s counsel, Juan Lopez, had argued at last month’s hearing that the current use of the property, with the basement, ground floor and first floor effectively in residential use and the remaining three floors used for a modest number of commercial events and film shoots, is no different from how the house was used on 1 July 1948.

While planning permission was granted to the property’s previous owner, the commissioner for the governments of Sierra Leone and Gambia, in 1960, restricting use of the 3rd and 4th floors to residential use, he said that this was a personal permission, which stated that it did not enure for the benefit of the land.

He argued that the permission and its conditions were extinguished, and ceased to have effect, upon the commissioner ending diplomatic use of the property.

At previous hearings, Davenport’s counsel argued that his client would be unable to afford the expensive running costs of maintaining the building without the income from its commercial use.

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Multimillionaire entrepreneur Edward Davenport has lost his appeal over the right to hold commercial parties, functions and film shoots at his Mayfair home. Davenport had hoped the Court of Appeal would overturn a high court ruling last year granting an injunction barring the use of the £20m, 22,000 sq ft Georgian property at 33 Portland Place, W1, for non-residential purposes. Lord Justice Munby said that an enforcement notice issued by Westminster city council in 2006 had “told the appellant what he had done wrong” and ordered him to stop using the property for commercial and other non-residential uses. He said that Davenport never sought to appeal against that enforcement notice, and so had no answer to the council’s legal action. Lord Justice Pill added that Davenport could have sought planning permission on the basis of his claim that the property was used for commercial purposes before 1960, but did not take that course. He said: “The permitted use of the property is clear and the claim to an injunction cannot now be defeated by an assertion that broader uses are permitted.” Davenport’s counsel, Juan Lopez, had argued at last month’s hearing that the current use of the property, with the basement, ground floor and first floor effectively in residential use and the remaining three floors used for a modest number of commercial events and film shoots, is no different from how the house was used on 1 July 1948. While planning permission was granted to the property’s previous owner, the commissioner for the governments of Sierra Leone and Gambia, in 1960, restricting use of the 3rd and 4th floors to residential use, he said that this was a personal permission, which stated that it did not enure for the benefit of the land. He argued that the permission and its conditions were extinguished, and ceased to have effect, upon the commissioner ending diplomatic use of the property. At previous hearings, Davenport’s counsel argued that his client would be unable to afford the expensive running costs of maintaining the building without the income from its commercial use. To access all EGi news stories and commercial property data sign up for a free trial today, or visit the subscription options page to find out more.