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High Court says OK to “candy-cane” house stripes

A woman who painted her Kensington townhouse with red and white verticle stripes can ignore a council order to repaint it the High Court has ruled.

Property developer Zipporah Lisle-Mainwaring painted the candy stripes on the building in 2015.

The planners at Royal Borough of Kensington and Chelsea said it was out of keeping with the look of the area and served notice requiring her to repaint it white.

Mr Justice Gilbart ruled the stripy decoration was “entirely lawful”

The local planning authority had served the notice under section 215 of the Town and Country Planning Act 1990 claiming the “stripes on the front elevation, is [sic.] are incongruous with the local area”

Ms Lisle-Mainwaring appealed to the magistrates’ court and when that was unsuccessful took the case to the Crown Court where she was again unsuccessful.

She then launched a Judicial Review in the High Court of the Council’s decision.

The judge said “In my judgement, 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”.

Ms Lisle-Mainwaring has previously denied she had painted the stripes to spite neighbours who objected to her plans to demolish the property and replace it with a new house with two-storey basement.

 

 
Exeter Planning