London Property Legal Dispute Part One

July 19, 2017

 

 

Two multi-millionaire homeowners with home expansion plans for their properties  has now been stopped by a judge. One main aspect of the case was the potential for loss of housing space in the local area.

 

The legal action involves Charles Noell the founder of the private equity group JML had plans to take out and replace four flats in his Notting Hill residence to create one large home. Another homeowner, Arel Lahham had made plans to merge two cottages at £4.5 million apiece at his Kensington address.

 

Homes in the area can fetch almost £10 million.

 

 

High Court Judge Neil Cameron QC has turned down permission for the plans on both residences.

 

In regards to local housing availability the homeowners argued that their residential expansion would not effect the number of available homes in their area. The number of homes in Kensington and Chelsea is almost 87,000'

 

Mr Noell also told the court that the scarcity of larger homes was the problem  not the smaller flats like those for one and two bedroom homes and that those that were needed for residents were in the three and four bedroom sizes.

 

Judge Cameron in told the High Court that planning inspectors had miscalculated when looking at future housing needs in the area when giving consent to the two residential expansion plans. One error was In determining the future of vacant properties being placed on the market as part of the equation.

 

For his part Mr.Sajid Javid, the Communities Secretary, did not defend the decisions granting planning permission and did accept that mistakes were made.

 

Representing both home owners Christopher Lockhart-Mummery QC stated that the impact of the plans on the local housing market would not have made a difference.

 

Judge Cameron thought differently and found that the miscalculations did indeed effect the conclusions of the planners and overturned both planning permissions.

 

 

 

 

 

 

 

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