Royal borough defeats High Court challenge to grant of permission for basement

The Royal Borough of Kensington and Chelsea has successfully defended a High Court challenge over its grant of permission planning for a basement.

The case was brought by local resident Ronald Kent, who argued that a proposed basement extension adjacent to his property was inconsistent with the locality’s conservation area status and also contrary to planning policy as the basement had already been extended.

In Kent, R (on the application of) v Royal Borough of Kensington & Chelsea & Ors [2016] EWHC 2809 Mr Justice Hickinbottom noted that like many late Victorian properties, the house had a lower ground floor sometimes referred to as a basement.

In his initial objection, Mr Kent said his neighbour’s house “has previously been the subject of substantial extension at existing basement level on two occasions…. these historic basement extensions comprise ‘basement’ development under the [council's] basement policy definitions because they were built below the prevailing ground level”.

Council planners rejected that interpretation and gave permission for the extension.

The council’s policy was that basement development would not comprise more than one storey or add further basement floors where there is an extant or implemented planning permission for a basement or one built through the exercise of permitted development rights.

The judge said planning officers had been entitled to decide that the proposed development was the first subterranean one at the property and that there had not been a basement previously added.

He also dismissed the objections made on grounds of an associated extension’s appearance in a conservation area.

“It is simply unarguable that the planning officer, using her planning judgment, was not entitled to make the findings that she did,” he said.

“Equally, the suggestion that [the officer’s] finding that the proposed alterations to the front of the house would not be harmful is perverse has no weight. “