The French government is attempting to block Foxtons founder Jon Hunt from building a major basement extension at his Kensington mansion.
It has launched a High Court attack on a decision confirming the redevelopment plans were lawful and is seeking a judicial review of certificates granted by Kensington and Chelsea council in April this year.
The certificates confirmed that Jon and Lois Hunt could proceed with the proposed works at 10 Kensington Palace Gardens, W8, the Grade II listed home which they bought for £14m in 2005.
The certificates confirmed that a 2008 planning permission has been lawfully implemented and the works can be completed.
However, the French government say that the certificates are defective and should be quashed for a number of reasons, including that the 2008 permission was not lawfully implemented. They say that the character of excavation works carried out in 2011 did not amount to commencement of development, and instead were works of repair and refurbishment carried out under the Hunts’ lease. In addition, they claim they had a legitimate expectation of being consulted prior to the grant of the certificates.
A quashing order in respect of the certificates would not necessarily end the matter, but if uItimately it was established that planning permission has lapsed, the Hunts would have to make a fresh application for consent which would fall to be considered against Kensington and Chelsea’s more restrictive policy on basement developments introduced earlier this year.
The Hunts were granted planning permission and listed building consent in 2008 for renovation, alteration and extension, including a major basement excavation, while a reduced scheme was given listed building consent in 2010.
In 2011, the freehold owners The Crown Estate granted a limited licence to allow certain works of excavation to go ahead.
Then, earlier this year, the Hunts sought and secured a certificate of lawfulness of proposed development and a certificate of lawfulness of proposed works to confirm that relevant conditions attached to the earlier consents had been discharged, and that they could lawfully complete the physical redevelopment for which consent was granted under the 2008 planning permission and the 2010 listed building consent.
Lawyers representing the Hunts claim that the French government’s application for judicial review was made out of time, and the case should be thrown out for delay. In addition, they say the claims have no realistic prospect of success.
