London stripey house owner loses High Court planning fight

Remember that candy-striped townhouse in London? Original article here.  Here’s the follow up.

A property developer who painted red and white stripes on her multimillion-pound townhouse has lost her latest planning battle.

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Zipporah Lisle-Mainwaring asked a High Court judge to quash a new planning policy that blocked her plans for a two-storey basement.

The 71-year-old was accused of painting on the candy stripes to “get her own back” on neighbours who objected to her plans to demolish her property in Kensington, west London, and replace it with a new house and the controversial mega basement.

Zipporah Lisle-Mainwaring.Zipporah Lisle-Mainwaring. Photo: Supplied

She joined forces with construction company Force Foundations (Basement Force) Ltd to challenge the legality of Kensington and Chelsea Council’s current policy of severely restricting the building of basements of more than one storey in depth.

Paul Brown QC told Mrs Justice Lang in London earlier this month that the policy was “fundamentally flawed”.

He said the decision to adopt it in January this year had been taken without due regard to relevant planning issues and without consideration being given to whether there was “a reasonable alternative”.

The policy was introduced because of growing concern over the increasing number of applications for “subterranean developments” in the area and the misery neighbours suffered from noise, vibration, dust and construction traffic.

Under the strict new guidelines basements are still permitted, but with limits on their scale.

On Thursday, the judge dismissed the case, saying that the authority’s decision was a reasonable one, reached after taking in to account the relevant considerations, and was adequately explained and justified.

 

 

thanks domain.com.au