Council Orders Action On House Which Led To Neighbour Complaints

The notice served to a property owner who has been ordered to repaint the red and white stripes on her Kensington property which have led to neighbour complaints is not an uncommon move, according to a specialist lawyer.

After neighbours in the west London cul-de-sac objected to the planned redevelopment of the land on which the property sits, the owner then decided to have the paint job undertaken.

Following complaints regarding the stripes, Kensington and Chelsea Council has served the owner a section 215 notice ordering that redecoration work be carried out alongside repairs to windows by July 3rd. An appeal can also be lodged by June 5th.

If the work is not carried out, the council have the right to enter the property and undertake the necessary work.

According to planning experts at Irwin Mitchell, the serving of a section 215 notice is not an uncommon step for councils to take.

Expert Opinion

"In essence a section 215 notice allows a local planning authority to take steps to require a building to be cleaned up, when its condition adversely affects the amenity of the area. It is not that unusual - the Royal Borough of Kensington and Chelsea indicated that it has served 24 section 215 notices over the last 12 months. <br/> <br/>"In most cases the notices are served in response to dereliction on land or a building. However in this case, the adverse effect on the amenity of the area is perhaps more subjective as it relates to the painting of the house. It is worth noting that the Borough also identified the poor condition of the windows as a reason for the notice. <br/> <br/>"The recipient of the notice does have the ability to appeal to the Magistrates' court against such a notice, and given the previous appeals and legal challenges involving this property, one would not be surprised if an appeal were made by the owner. <br/> <br/>"The section 215 notice is something of a sideshow however to the legal challenges in relation to two successful appeal decisions which relate to the owner's proposed development of the house."