High Court Judge dismisses appeal against planning enforcement notice .
On May 23, an appeal was heard in the High Court by Justice Supperstone relating to a building erected without planning permission in Middle Wallop, Stockbridge. On June 23, the Judge dismissed the appeal.
On May 23, an appeal was heard in the High Court by Justice Supperstone relating to a building erected without planning permission in Middle Wallop, Stockbridge. On June 23, the Judge dismissed the appeal.
The original enforcement notice issued in November 2015 by Test Valley Borough Council still stands and requires that the building is demolished within 3 months.
Planning Portfolio Holder, Councillor Nick Adams-King said: “Effective enforcement is important as a means of maintaining public confidence in the planning system. We need to ensure that, where required, planning permission is sought and obtained before building commences. It is unfortunate that the owners and their professional advisor have disregarded the correct procedure and the planning advice given to them by this Council throughout.
“We adhere to the National Planning Policy Framework which states that local planning authorities must “ monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where it is appropriate to do so.”
Background information.
The case relates to a building erected without planning permission in a field adjacent to a single dwelling known as “Oakcutts”, Middle Wallop.
Before the development commenced, an application was submitted for a house on the site, which was refused planning permission, (reference 14/00391/FULLN) by Test Valley Borough Council in May 2014 because it was contrary to the Council’s policy regarding dwellings within the countryside. An appeal was lodged against the Councils refusal of planning permission with the Planning Inspector. The Planning Inspectorate dismissed the applicants appeal on the 11th November 2014 concluding that the proposed development was contrary to the Council’s planning policies and a dwelling on the site would have an adverse impact on the character and appearance of this area of open countryside.
On the 6th January 2015 the Council received a complaint that the owners appeared to be carrying out building works. The owners claimed that permission was not required because it was in the garden of the dwelling known as Oakcutts where permission was not required as they believed it to be ‘Permitted Development.’
The owners and professional agent were advised by the Council that work should stop and that an application should be submitted for lawful development to test if permission was required for the building under construction or not. This advice was ignored and no application was submitted and building work continued
On the 26 November 2015 TVBC issued an enforcement notice which required the following:
- Demolish the building including all respective footings and associated development to serve the building; including the septic tank and all associated drainage;
- To remove all the resulting materials arising from the compliance with 1 above from the land affected.
The owners were given 3 months to demolish and clear the site.
The owners lodged an appeal to the Planning Inspector against the Council’s decision to issue the Enforcement Notice claiming that permission was not required for the building. On the 8th November 2016 the Planning Inspector dismissed the appeal and upheld the Enforcement Notice.
The applicants challenged the Inspectors decision through the Courts and were granted leave to appeal. This appeal was heard on May 23 by Justice Supperstone, who delivered his judgement on June 23.
The owners of the site now have 3 months to comply with the enforcement notice.