UK ministers' pre-approval assurances may render Chinese embassy move illegal

Granting approval for a large Chinese diplomatic complex in east London may violate the law if officials provided commitments to Beijing about the project beforehand, according to a leading UK planning lawyer.

If Keir Starmer or his government assured Chinese authorities about the embassy plans, it could amount to "actual or apparent predetermination" of the planning decision, a legal analysis by Lord Banner suggests.

The opinion was requested by local residents opposing the proposed embassy near Tower Bridge, which has faced significant resistance due to security, human rights, and planning issues.

Officials now face calls to clarify whether private assurances were given to Chinese representatives that the stalled application would move forward under the new administration.

China resubmitted its planning request weeks after Labour assumed office last year, with Xi Jinping directly raising the issue during his initial discussion with Starmer in August 2024.

In November 2024, Starmer later told Xi on the sidelines of the G20 summit: “When we spoke previously, you mentioned the Chinese embassy in London. We have since acted by taking up the application.”

Critics of the proposed 20,000-square-meter facility, which would be the largest of its kind in Europe, are preparing to seek a legal challenge if approval is granted. Mark Nygate, treasurer of the Royal Mint Court Residents Association, stated they were gathering resources to contest the decision.

The case is quasi-judicial, requiring the responsible minister—currently Housing Secretary Steve Reed—to make an impartial, legally sound decision.

Banner noted that no evidence has yet been disclosed regarding any prior assurances or their terms.

However, he stated that should the prime minister have made such commitments, it could suggest that the secretary of state may have been unduly influenced, given cabinet obligations to uphold the leader’s pledges.

He emphasized that any written records on the matter must be preserved for potential disclosure during a judicial review. Reed’s office was approached for comment.

Last week, China voiced “serious concern and strong dissatisfaction” after the decision on the embassy was deferred until 10 December. It accused the UK of disregarding agreements and acting in bad faith.

Chinese foreign ministry spokesperson Lin Jian said Beijing had shown “the utmost sincerity and patience” and urged the UK to act swiftly.