Britain’s Top Planning Barrister Charlie Banner KC in Bitter Row Over ‘Unpermitted’ Pergola at £3m Kensington Home

One of Britain’s leading planning barristers has become embroiled in a planning dispute of his own after neighbours objected to a timber pergola erected on the rooftop terrace of his multimillion-pound west London home.

Charlie Banner KC and his wife, commercial barrister Tetyana Nesterchuk, are seeking retrospective approval for the structure at their Kensington townhouse after council officials raised questions over whether planning permission was required.

The couple maintain that they and their professional advisers initially considered the pergola to be the type of structure that did not need planning consent. Several neighbours, however, argue that its height and appearance have significantly affected surrounding properties.

Rooftop Pergola Sparks Dispute in Kensington

The timber structure was installed during the summer on the roof terrace of the family’s three-storey Victorian mews property, reportedly worth around £3 million.

Covered with artificial greenery and decorated with festoon-style lighting, the pergola was primarily intended to provide shade during hot weather and make the existing terrace more comfortable to use.

Its arrival quickly attracted attention from nearby residents, and a complaint was subsequently made to the Royal Borough of Kensington and Chelsea.

The property is located within a conservation area, where alterations capable of affecting the appearance or character of buildings can face additional planning scrutiny.

Neighbours Say Structure Blocks Light and Dominates Views

Some residents living opposite the property have strongly objected to the pergola, claiming it towers above surrounding rooftops and has changed views from their homes.

One neighbour, a mother with a six-month-old baby, said the structure could be seen from windows across all three floors of her property.

In her objection, she argued that the pergola had reduced natural light entering parts of her home and said the artificial greenery had replaced previously open views of the sky.

She also complained about the decorative lighting, saying its glare could sometimes interfere with watching television.

Another objection described the pergola as “large, dense and visually dominant”, while a separate resident warned that approving it could establish an undesirable precedent for rooftop development in the area.

Fire Safety Concern Raised Over Artificial Greenery

One resident also questioned whether the artificial plants covering the structure could create a fire risk between neighbouring rooftops.

However, the material used for the greenery is understood to be fire-retardant.

The objections form part of the council’s consultation process as planners consider whether the pergola should receive retrospective permission.

No final decision had been announced at the time of reporting.

Banner Family Rejects Claims of Planning Impropriety

Banner and Nesterchuk deny deliberately attempting to circumvent planning rules.

A source close to the family said their position, supported by professional advisers, was that the pergola did not originally require planning permission because of its nature and similarities to other fencing and shading features found on nearby rooftop terraces.

According to the source, the retrospective application was submitted after the council requested it and was intended to maintain goodwill while resolving any uncertainty.

The source characterised some of the objections as unreasonable and said the family strongly disputes allegations that they acted improperly.

Council Raised Possibility of Enforcement Action

Following the initial complaint, a council planning officer reportedly informed the couple that the structure was considered unpermitted.

The family was warned that enforcement action could potentially follow if planners ultimately determined that formal permission had been required.

However, no enforcement action has been taken.

The Royal Borough of Kensington and Chelsea confirmed that it had received the retrospective application and was consulting neighbouring residents before reaching a decision.

Pergola Also Receives Support From Residents

Not everyone living nearby wants the structure removed.

At the time of reporting, the council had received 12 letters supporting the application, according to the available planning records.

One supporter argued that good-quality pergolas could benefit rooftop terraces by providing valuable shade during increasingly hot summers.

Another resident said they had inspected the structure and believed it complemented the existing terrace while making the outdoor area more practical.

A further supporter described the artificial greenery as attractive and high-quality, arguing that the need for shade should be considered alongside the importance of preserving the area’s architectural character.

Questions were raised about at least one supporting submission, however, after a household approached by the Daily Mail reportedly said it had not submitted comments and was unaware of the pergola.

Planning Dispute Puts Spotlight on Banner’s Legal Career

The controversy has attracted particular attention because of Banner’s expertise in the very planning system now being used to determine the future of his rooftop structure.

Banner was ranked as Britain’s leading planning KC in Planning Magazine’s 2025 and 2026 annual legal surveys.

His professional career has involved some of Britain’s most prominent infrastructure and development disputes, including matters connected with HS2 and Heathrow Airport expansion.

Nesterchuk is also an accomplished commercial barrister and has previously been recognised among Britain’s leading lawyers.

Both have been sanctioned by Russia over their advocacy concerning Ukraine.

Banner Has Longstanding Connection With Rishi Sunak

Banner also has close ties to former prime minister Rishi Sunak, with the pair having attended Oxford University.

He was elevated to the House of Lords in 2022 following a nomination by Sunak.

The planning barrister had made headlines earlier that year following an incident aboard a British Airways flight from Heathrow to Italy.

Police escorted him from the aircraft following a disagreement after his family’s nanny was moved from business class to economy.

Banner subsequently described the experience as deeply upsetting for his family and criticised the treatment they received. British Airways said he had been disruptive and maintained that no spare business-class seat had been available.

Conservation Area Status Could Influence Council Decision

The central issue now facing Kensington and Chelsea planners is whether the rooftop addition is acceptable within the surrounding conservation area.

Documents submitted on Nesterchuk’s behalf state that the pergola was principally erected to provide shade for an already permitted roof terrace.

The family maintains that the structure should be viewed alongside other rooftop shading and screening features found in the neighbourhood, while opponents argue its scale makes its impact substantially different.

The council will now weigh those competing arguments, together with planning rules governing conservation areas and the representations received from residents.

A spokesperson for the Royal Borough of Kensington and Chelsea confirmed that the retrospective application remains under consideration, saying neighbouring residents are being consulted before a decision is reached.

Until that process concludes, the timber pergola at the centre of the dispute will remain the subject of an unusually personal planning battle involving one of Britain’s most prominent experts in the field.