The government of France has renewed its fight to block Foxtons’ founder Jon Hunt’s plans for the redevelopment of his Kensington mansion, which include a major basement extension of the property. The French argue at the Court of Appeal that the proposed works would have a “damaging” effect on its diplomatic mission, due to the impact on the ambassador of France’s residence next door.
In 2015, France lost at the Planning Court in its challenge to certificates of lawfulness granted by the Royal Borough of Kensington and Chelsea, which confirmed that an earlier planning permission has been lawfully implemented and the works can be completed.
It is asking 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, said 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.”
Despite that, he said that the French government was not notified of or consulted on the applications for the certificates, and only learned about them after they were issued.
The French government argues that the certificates were defective and should be quashed. Among its grounds of challenge, it alleges that there was a breach of legitimate expectation by the authority in failing to consult it, or the freehold owner of 10 Kensington Palace Gardens, the Crown Estate.
Lawyers for Kensington and Chelsea, and the separately represented Hunts, maintain that the certificates were lawful and that there was nothing remotely irrational about the authority’s failure to consult the French government.
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 proposed basement from more than 23 metres to 11 metres.
The appeal is scheduled to end tomorrow, with a judgment likely at a later date.
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