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The property developer who painted red and white stripes on her multimillion-pound townhouse can redevelop the site after winning an appeal.
Zipporah Lisle-Mainwaring, 69, denied that she had painted the stripes in March 2015 to spite her neighbours after they objected to her plans to redevelop the three-storey property in Kensington, west London, worth some £5 million.
Her nextdoor neighbour, Niall Carroll, asked the High Court to quash a planning inspector’s decision to grant permission for the work in the Kensington Square conservation area. It would involve demolishing the property and replacing it with a new home, changing its use from storage to residential.
Carroll insisted that Lisle-Mainwaring’s plans would lead to an unacceptable loss of potential office space. He argued that the inspector had failed to have proper regard to the material consideration of a possible reversion of the property to office use and failed to give adequate reasons for his conclusions.
In October Mrs Justice Lang agreed and accepted that it appeared the inspector had misdirected himself in law. However, in a ruling made public yesterday, three judges in the Court of Appeal have restored the inspector’s decision.
Lisle-Mainwaring’s legal team, led by [ja checking], had argued that to revert the house to office use would reduce its value to about £1.4 million and would not be viable.
Lord Justice Lindblom, sitting with Lord Justice McFarlane and Lord Justice Flaux, said there was ample evidence demonstrating that it would make no sense, economically or commercially, to resume office use and that Lisle-Mainwaring had no intention of doing so.
Her neighbour, Carroll, could seek leave to appeal to the Supreme Court but is not thought likely to obtain permission.