Approving plans for a controversial Chinese “mega-embassy” in London would be unlawful, ministers have been told.
One of Britain’s top planning lawyers has argued against Sir Keir Starmer’s Government granting planning permission for the £100 million project near the Tower of London.
It lies directly between the City of London and Canary Wharf financial districts and close to three significant data centres.
Opponents are ramping up their campaign against Beijing’s plan to turn the Royal Mint Court in East Smithfield into the largest embassy of any nation in Europe, covering 20,000 square meters.
Officials have also upped the pressure on planners over the complex after several blueprints of the floor-plan were “greyed out”.
Construction of the embassy was initially blocked by Tower Hamlets Borough Council three years ago amid espionage fears from local residents, as well as human rights campaigners and politicians.
But DP9, the consultancy firm representing the Chinese embassy, declined to explain why it redacted drawings of the building’s basement and other rooms.
It said “the internal functional layout for embassy projects is different from other projects", while also pointing out that "the application for the new United States embassy in Nine Elms did not disclose details of internal layouts".
Lord Banner highlighted that sections of the land are listed, adding: "It cannot tenably be said that the detail omitted by the redactions could have no possible planning consequences".
He provided examples of what needs to be assessed, including "the potential uses of the redacted rooms, any structural or safety (including but not limited to fire safety) implications of any physical structures".
The peer also pointed out that the People's Republic of China, led by president Xi Jinping, would "benefit from diplomatic immunity" for any activities occurring on the grounds.
Lord Banner called on the new Housing Secretary Steve Reed to be provided with unredacted plans, as planning permission "cannot lawfully be granted on the basis of the redacted plans".
Issues have also been raised about China’s plan to leave one section of the site open to the public so people could view the ruins of the 14th-century Cistercian Abbey of St Mary Graces, as well as a Chinese heritage centre.
However, Scotland Yard or the City of London Police would not be able to enter, as the land would be Chinese territory with "diplomatic inviolability".
China has declined to enclose this section inside the embassy's security perimeter and will instead allow emergency services to access the land, if necessary.
Lord Banner says this solution is not adequate, because it would "not be enforceable given the immunity conferred on the Embassy, the Ambassador, and other Embassy employees by virtue of... the Vienna Convention".
"In law the PRC's assurances are meaningless," he added. "The PRC would be free in domestic and international law to U-turn on them at any time and there is nothing that planning conditions could do to stop this."
The Planning Inspectorate has reportedly given the development the green light, with Mr Reed ordered to make a final decision by October.
Meanwhile, Shadow Justice Secretary Robert Jenrick said he would support a judicial review into the decision if the plans were signed off.
The Royal Mint Court Residents' Association said that Lord Banner had "shown why the Chinese Embassy at the Royal Mint cannot be approved".
They told the BBC: "The UK government should now put an end to the planning application once and for all, or face a humiliating judicial review."
In response to previous reports of “spy dungeons”, a Chinese embassy spokesman said: “Anti-China elements are always keen on slandering and attacking China.”
The Ministry of Housing, Communities & Local Government declined to comment.
