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Enforcement Notice upheld against homeowner who built bungalow without planning permission (12 April 2017)
Date: 12/04/2017
Three Rivers District Council in Hertfordshire has succeeded in defeating an appeal against an Enforcement Notice, issued to a resident who erected a bungalow on Green Belt in 2013 without planning permission.
The council served the Enforcement Notice on Adam Victor Kenealy in 2015 for the illegal erection of the dwelling within the Metropolitan Green Belt.
The Enforcement Notice required Mr Kenealy to demolish the bungalow and restore the land back to a field.
Mr Kenealy appealed the Enforcement Notice on a number of grounds, including that the bungalow had been in situ for more than four years – and that the works were a conversion of the stable building on the land.
The council said that, during the appeal, it was clear that Mr Kenealy had undertaken “blatant attempts to mislead the council, had lied and influenced others to falsify documents”.
The Inspector said that if “the Appellant had not approached this appeal in such a reckless manner…the Council might not have needed to go to lengths that it did in its comprehensive statement.”
He added that the claim that this was a conversion was “bordering on irrational”.
The Inspector’s report concluded:
“For the reasons given – and having regard to all other matters raised – I conclude that the appeal should be dismissed and I shall uphold the corrected Enforcement Notice. I refuse to grant planning permission on the application.”
The council’s Lead Member for Planning, Councillor Chris Whately Smith, said:
“This case sets an example that any unauthorised works within Three Rivers will be fully investigated, with the appropriate action taken.
“It should also send out a strong message that unauthorised works will not be tolerated by the council – and the consequences of failing to adhere to planning legislation can have severe ramifications and cost implications for those who undertake such works.”
The council was awarded costs, given the appeal resulted in “unnecessary and wasted expense”.
The council said it expects the bungalow and associated works to be removed from the site and completed within six months.
Duncan Lewis Housing Solicitors
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