I’ve spent 14 years resisting an order to demolish my £500k bungalow – I’ll be seeing the council in court AGAIN
A PENSIONER who has spent 14 years resisting an order to demolish his £500k bungalow said he is ready to fight the council in court again.
Peter Dick, now aged 75, built the red-bricked chalet bungalow on greenbelt land that he owns in 2010.
But he didn’t secure planning permission for it and was refused retrospective consent two years later.
Peter was then served with a legal order to demolish the home in West Parley, Dorset.
When nothing happened a second enforcement notice to demolish the illegal building was served in 2019, which he again ignored.
In 2021 his local council took him to court for being in breach of the notice under the 1990 Town and Country Planning Act.
He was convicted of the charge and issued with a £7,500 fine and told to pay £3,269 costs. It is unclear whether he has paid this.
Three years on and the property is still standing.
Peter and his elderly wife are still living in the bungalow and have fortified it with an 8ft high padlocked gate and barbed wire.
Called Longcroft, the house is within 400m of protected heathland, a special conservation area and a site of special scientific interest.
Peter is being taken back to court again by BCP Council for allegedly breaching an enforcement notice.
The pensioner entered a not guilty plea when he appeared before magistrates in Poole.
He told the court that he intends to fight the matter, claiming the local authority did not serve the enforcement notice correctly in 2012.
Peter also said the property ought to be protected under the European Convention on Human Rights.
He believes his right to a private life and a home under Article 8 and the right not to be treated in a inhumane or degrading way under Article 3 will trump planning laws.
For their part, BCP Council pointed out that they successfully relied upon the 2012 enforcement notice for the two previous cases against Peter.
At a previous court hearing Peter said he had the house built for his disabled wife.
He said: “My wife has muscular dystrophy which is progressive and the layout of the house is designed for her.”
There is a steel-clad industrial warehouse on Peter’s land that was converted into residential use in 2003 and has since been declared lawful.
He and his wife lived there until the bungalow was built without permission.
In a separate move, last year Peter applied to demolish the steel structure and replace it with a brick-built home which was refused as inappropriate development that would be harmful to the green belt.
He is now appealing this decision and the planning inspector will make a decision in the near future.
But a spokesperson for nearby Hurn Parish Council claimed this application was merely a ‘tactic to delay the demolition’ of the bungalow and should not be considered until the enforcement order had been complied with.
They said: “There is a long history of illegal construction on this site which is within the greenbelt and within 400m of an SSSI.”
BCP Council said they cannot comment on a case while a live appeal is in progress.
The case will return to Poole Magistrates’ Court for a trial in November.
How to appeal and win if your home extension is rejected
EXTENSIONS are a great way to improve your home and save money - as building out is often cheaper than moving.
But any building work can quickly create problems with your neighbours if you don’t follow the rules.
Andrew Cann, director of Planning Direct, a planning consultancy based in the East of England, said there are ways to appeal if your initial application for an extension is rejected.
Here’s what you need to know:
How do you actually appeal?
In order to appeal, you’ll need to prepare a Statement of Case.
This is a document setting out why you believe the extension should be granted in planning policy terms – an expert can help you with this, but they will charge.
This is sent along with an appeal form to the Planning Inspectorate.
This is a government body independent of your local council, which will check whether the planning authority which refused you was correct to do so.
There is normally no fee to submit a planning appeal to the Planning Inspectorate.
The main cost is the fee you’ll need to give a consultant or solicitor to prepare and manage it on your behalf – the amount will depend on the case.
How do I win my appeal?
The truth is, there is no guarantee to winning your appeal – and you should be wary of any solicitor or consultant that promises you a victory.
“Any one consultant who says an appeal will definitely be won should be avoided” said Andrew.
That said, there are some tips that can help you on your way to a win.
“Take a look around – if other nearby homeowners have made similar changes, the chances are you will win,” said Andrew.
Another thing to look out for is that your application may have been refused on a technicality or just because of a missing detail.
“Sometimes it is worth re-applying with a modified version if the council only wants small changes. A re-application is free within a year of the first refusal,” said Andrew.
But if an appeal is mishandled and refused this can “blight” the property and you will not get permission in future.
There are some challenges when you are looking to appeal.
You must establish that the extension complies with local planning policy and importantly does not harm others.