R. (on the application of Zipporah Lisle-Mainwaring) v Isleworth Crown Court and Kensington And Chelsea RLBC

摘要

Aesthetic appearance; Character and appearance; Conservation areas; Houses; Paints; Planning authorities' powers and duties; Visual amenity%The claimant owns a building in a Conservation Area in the Royal Borough of Kensington and Chelsea ("RBKC"). The claimant had painted the facade of the building with red and white stripes, which was, on the findings of fact made by the Crown Court, harmful to the amenity of the area. The claimant's act in painting the property was permitted development under the Town and Country Planning (General Permitted Development) Order 2015 (SI 2015/596) ("GPDO"). RBKC subsequently served the claimant with a notice pursuant to the Town and Country Planning Act 1990 ("the TCPA 1990") s.215. The notice required, inter alia, that the claimant repaint all of the external brickwork and joinery on the front elevation of the building in white paint. RBKC's reasons for issuing the notice included that: "the condition and appearance of the property, particularly the red and white painted stripes on the front elevation, is incongruous with the streetscape of South End and the local area. The resulting condition and appearance of the land is considered detrimental to the character and appearance of this part of the Kensington Square Conservation Area, does not achieve a high level of amenity or protect views within the conservation area to the detriment of the amenities of neighbouring residents."