High Court refuses to suspend basement policy ahead of substantive challenge

A High Court judge has refused an application for the Royal Borough of Kensington and Chelsea’s policy on basements to be suspended pending the determination of a substantive challenge to the policy.

The full council of the Royal Borough adopted its new policy on 21 January this year. Amongst other things it requires all basement development to:

• not exceed a maximum of 50% of each garden or open part of the site. “The unaffected garden must be in a single area and where relevant should form a continuous area with other neighbouring gardens. Exceptions may be made on large sites”;
• not comprise more than one storey. Again, exceptions may be made on large sites;
• not involve excavation underneath a listed building (including vaults).

Mr Justice Cranston accepted that the claimant’s grounds were arguable. However, the High Court judge concluded that the balance of convenience was in favour of keeping the policy in place.

The substantive hearing in the case is listed to be heard on 7-9 July.

Paul Brown QC of Landmark Chambers is acting for the claimant.