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25/04/2017

High Court backs ‘candy-cane’ stripes on Kensington house

Words: Huw Morris
kensigton-CREDIT-Teresa-Stokes.jpg

The High Court has ruled that a woman who painted her Kensington townhouse with red and white stripes can ignore a council notice telling her to repaint it.

Zipporah Lisle-Mainwaring launched the judicial review after earlier appeals to magistrates and Isleworth Crown Court failed.

She painted the candy stripes on the townhouse in 2015. The Royal Borough of Kensington and Chelsea said the colour scheme was incongruous with the area and served her a notice under the Town and Country Planning Act 1990 to paint it white. But the High Court ruled the council had served the wrong legal notice.

Mr Justice Gilbert ruled: “In my judgment, to allow a local planning authority to use section 215 to deal with questions of aesthetics, as opposed to disrepair or dilapidation, falls outside the intention and spirit of the planning code.

"I am therefore of the view that it is an improper use of section 215 to use it to alter a lawful painting scheme.”

He said the council should have used section 102.

Image: Teresa Stokes

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