{"id":16753,"date":"2017-09-22T18:18:33","date_gmt":"2017-09-22T17:18:33","guid":{"rendered":"http:\/\/ihbconline.co.uk\/newsachive\/?p=16753"},"modified":"2017-09-22T18:18:33","modified_gmt":"2017-09-22T17:18:33","slug":"owner-of-stripey-house-gets-green-light-to-demolish","status":"publish","type":"post","link":"https:\/\/newsblogs.ihbc.org.uk\/?p=16753","title":{"rendered":"Owner of \u2018stripey house\u2019 gets green light to demolish"},"content":{"rendered":"

\"\"<\/a>Owner of the famed\u2018stripey house\u2019 \u2013 the Kensington Square conservation area house that generated its own IHBC ToolBox Guidance Note on the use of S.215 Notices – Zipporah Lisle-Mainwaring, may now achieve her ambition of demolishing her historic \u00a34.75 million property and building a new one in its place.<\/h3>\n

<\/p>\n

The Evening Standard writes:<\/p>\n

The Court of Appeal ruled that Mrs Lisle-Mainwaring\u2019s plans would benefit the well-heeled area and rejected objections from her neighbour, Niall Carroll.<\/p>\n

The ruling means she can now go ahead with her ambitious plans for No.19 South End, in the midst of the Kensington Square conservation area.<\/p>\n

Mrs Lisle-Mainwaring has been at odds with Mr Carroll over the house\u2019s future ever since she \u2018outbid\u2019 him for it in 2012, paying \u00a34.75 million.<\/p>\n

Mr Carroll owns the house next door, No. 18, and insisted Mrs Lisle-Mainwaring\u2019s plans would lead to unacceptable loss of potential office space.<\/p>\n

She painted the house in red-and-white stripes in 2015 to the dismay of some neighbours.<\/p>\n

A government planning inspector granted her planning consent to change the building\u2019s use from storage to residential in February last year.<\/p>\n

After a series of public inquiries and court hearings, she also won consent to demolish the building and replace it with a brand-new luxury home.<\/p>\n

The inspector said her proposals would \u2018result in a degree of enhancement to the character and appearance of the conservation area.\u2019<\/p>\n

There were no policy objections and the project would bring the \u2018material benefit\u2019 of providing an additional family home in the area.<\/p>\n

The inspector\u2019s decision was overturned by the High Court in October last year – but now Mrs Lisle-Mainwaring has triumphed in the Court of Appeal.<\/p>\n

Her lawyers said the reversion of the house to office use would reduce its value to only about \u00a31.4 million and would simply not be viable.<\/p>\n

It would have made \u2018no sense, economically or commercially\u2019 to do that, they argued.<\/p>\n

Lord Justice Lindblom said Mrs Lisle-Mainwaring\u2019s proposal stood to be considered \u2018on its own merits\u2019 and that is what the inspector did.<\/p>\n

He was entitled to conclude that there was \u2018no real possibility\u2019 of the house returning to office use, a prospect that was \u2018merely theoretical\u2019.<\/p>\n

Mrs Lisle-Mainwaring\u2019s plans were \u2018not in conflict\u2019 with local planning policies and passed the government\u2019s \u2018sustainable development\u2019 test.<\/p>\n

And she had \u2018clearly succeeded\u2019 in convincing the inspector that her proposals were \u2018acceptable in their own right\u2019.<\/p>\n

The judge, sitting with Lords Justice McFarlane and Flaux, restored the inspector\u2019s decision, along with the planning permissions he granted.<\/p>\n

It is understood Carroll is now waiting to hear if he can take the case to the Supreme Court to appeal the judgment.<\/p>\n

Read more….<\/a><\/p>\n

See the IHBC ToolBox review of the case of the \u2018stripey house<\/a>\u2019 and \u2018implications for the use of S.215 Notices\u2019<\/p>\n

For more background see the IHBC NewsBlogs<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Owner of the famed\u2018stripey house\u2019 \u2013 the Kensington Square conservation area house that generated its own IHBC ToolBox Guidance Note on the use of S.215 Notices – Zipporah Lisle-Mainwaring, may now achieve her ambition of demolishing her historic \u00a34.75 million … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-16753","post","type-post","status-publish","format-standard","hentry","category-sector-newsblog"],"_links":{"self":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/16753","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16753"}],"version-history":[{"count":1,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/16753\/revisions"}],"predecessor-version":[{"id":16754,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=\/wp\/v2\/posts\/16753\/revisions\/16754"}],"wp:attachment":[{"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsblogs.ihbc.org.uk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}