Over the course of 2 days (16 & 17th May 2017) the Court of Appeal has heard arguments in a judicial review claim relating to the legality of decisions made by the Royal Borough of Kensington and Chelsea (RBKC) to issue certificates of lawfulness of proposed works under the Town and Country Planning Act 1990 and the Listed Buildings Act 1990. The certificates in issue sought to certify the lawfulness of proposed works to 10 Kensington Palace Gardens, a listed building situated next to the residence of the French Ambassador in London. The arguments considered a variety of interesting legal issues relating to the scope and use of sections 191 & 192 of the TCPA 1990 as well as s.26H of the LB 1990, the ambit of the legal tests for commencing planning permissions under s 56(2) of the TCPA 1990 and listed building consents under s18 LBA 1990 and the extent of any duty on local planning authorities to consult third parties on certificate applications. The Court has reserved judgment.
Tom Cosgrove QC and Robert Williams appeared on behalf of RBKC.