French Government loses challenge over mega-basement next to embassy

The French Government has failed in a judicial review challenge to the validity of two certificates of lawfulness issued by the Royal Borough of Kensington & Chelsea for works to the basement of a property next door to its embassy in London.

The neighbours, Foxtons estate agency founder Jon Hunt and his wife, plan to house their collection of vintage cars in the mega-basement at 10 Kensington Palace Gardens. The Hunts lease the property from the Crown Estate.

In Government of the Republic of France v Royal Borough of Kensington And Chelsea [2015] EWHC 3437 (Admin) (27 November 2015) the French government advanced six grounds of challenge.

These included submissions that the certificates were ultra vires sections 192 of the Town and Country Planning Act 1990 and 26H of the Listed Building and Conservation Areas Act 1990.

Mr Justice Holgate in the Planning Court concluded that the first five grounds for judicial review were “unarguable” and failed, and the application to quash the certificates should be dismissed.

The judge upheld the sixth ground – that Kensington & Chelsea had failed to enter a s. 192 certificate on its planning register – but the French Government accepted that this ground could not found an application to quash that certificate. Mr Justice Holgate granted a declaration.