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According to a prominent UK planning lawyer, approving a China's super-embassy in east London could violate legal requirements if ministers provided Beijing with prior assurances about the development.

Potential Judicial Breaches

If PM Keir Starmer or his administration made commitments to the Chinese government, it could constitute "real or apparent predetermination" of the planning application, according to the expert analysis by Lord Banner.

The analysis was commissioned by a coalition of residents opposed to the proposed Chinese embassy near Tower Bridge, which has generated fierce opposition due to safety, civil liberties and planning concerns.

Ministerial Scrutiny

Government officials now are under pressure to clarify whether they confidentially promised Chinese officials they would advance the application after it had stalled under the former Conservative government.

The Chinese government submitted a new application for planning permission a short time after Labour came into government last year, and President Xi Jinping mentioned the issue directly with Starmer during their initial call in August 2024.

International Communications

Starmer allegedly told the Chinese president during the G20 summit in November 2024: "You raised the Chinese embassy building in London when we spoke on the telephone. We have since taken action by calling in that application."

Critics of the planned complex, which would span 20,000 square metres to become the largest embassy in Europe, are preparing to seek a legal challenge if the decision is authorized.

Mark Nygate, financial officer of the Royal Mint Court Residents Association, stated they were gathering funds to challenge the approval.

Legal Obligations

The case is semi-judicial, meaning the minister responsible – currently the housing secretary – must make his decision objectively under the law and with an unbiased perspective.

In his opinion, Banner emphasized that "currently there has been no revelation or official evidence as to whether any 'assurances' have been given" or what the nature of such assurances might be.

Possible Consequences

Nevertheless, he wrote that if the PM had made a promise to Beijing, that "would be seen by the reasonable and knowledgeable observer to create a real possibility that the secretary of state had a predetermined position."

He declared it was of "vital importance" that any pertinent documentary evidence, including any records indicating that promises were given, must be preserved by the government, which would be obliged to disclose them if a legal challenge occurs.

International Tensions

Recently, China voiced "grave concern and strong dissatisfaction" after ministers delayed their decision on the embassy until 10 December.

A representative for the Chinese foreign ministry stated China had acted with "the greatest sincerity and patience" over the issue and the UK should "immediately fulfil its obligations and honour its commitments, otherwise the British side shall bear all consequences."

Official Responses

The Prime Minister's office stated it did not "recognise any claims of commitments or assurances" over the embassy application.

Luke de Pulford, executive director of the International Parliamentary Alliance on China, commented: "Lord Banner has established a marker. If the rumours are proven true and unlawful assurances were given to Beijing, the government could face a devastating judicial review."

Related Events

On Sunday, the government absolutely denied any political interference in the decision to withdraw charges against two men, including a ex parliamentary researcher, accused of spying for China.

A government representative declared "there was absolutely no political interference with the evidence provided in this case" and denied reports that the official who drafted the evidence confidentially acknowledged it was influenced by political considerations.

Media reports indicated that one of the two men charged with espionage was carrying £4,000 in cash when detained by police under terrorism laws after arriving at Heathrow from China in February 2023. Both accused individuals deny any wrongdoing.

A police representative commented at the time: "A man in his 30s was subject to a stop at Heathrow airport under Schedule 3 of the Counter Terrorism and Border Security Act 2019. He was not arrested and enquiries continued."