A property developer who painted her multimillion-pound townhouse in Kensington with red and white stripes has won a high court battle against a planning order to repaint it white. Zipporah Lisle-Mainwaring decorated the three-storey facade of the terrace home in South End in March 2015, sparking complaints from neighbours.
The Royal Borough of Kensington and Chelsea issued a notice under the Town and Country Planning Act 1990, requiring her to repaint the front elevation white within 28 days. The council argued that the red and white stripes were 'incongruous with the streetscape' and harmed the local area's amenity.
After unsuccessful appeals to magistrates and Isleworth Crown Court, Lisle-Mainwaring launched a judicial review. On Monday, Mr Justice Gilbart quashed the notice, ruling that using section 215 of the act to address aesthetics rather than disrepair or dilapidation was improper. He noted that the painting was 'entirely lawful' and that the section could not be used to alter a lawful colour scheme based on dislike of its appearance.
The judge acknowledged the crown court's finding that Lisle-Mainwaring painted the stripes out of pique, but stated that motive was irrelevant under section 215. He warned that upholding the notice would give local planning authorities power to force changes to buildings based purely on aesthetic preferences.
