The owner property of the property in a Royal Borough of Kensington & Chelsea (RBKC) Conservation Area (CA) who painted red and white stripes on her mews house has received an order to comply with a section 215 notice issued by her local authority and repaint her home.
The owner argued that a S.215 notice could only be used to remedy the state of repair and not to control the colour or manner that the property is painted; and that there were other properties in the borough’s conservation area that were brightly covered.
District Judge Susan Bayne rejected the appeal saying service of the notice was appropriate and now the property must be repainted white within 28 days, but a requirement in the original notice that windows at the property be repaired and replaced was removed.
Judge Bayne said: ‘Visual integrity is fundamental to the Kensington Square Conservation Area. It is the visual integrity of the area as a whole that gives it its unique character. Painting a property with red and white stripes, where other properties use a limited palette of muted colours, results in an adverse effect on the amenity of the area.’
Read more in The Independent
