An Inspector has upheld an enforcement notice requiring demolition of a large new detached house in the Hertfordshire countryside. Planning permission had been granted for erection of the new dwelling on the site. However, the footprint of the dwelling, as it was constructed, was adjusted, without consent, so as to be closer to the boundary with an adjoining property. The development site was also re-profiled and raised without approval. The dwelling, as it had been constructed, was considered to have substantially adverse effect on the living conditions of adjoining occupiers. After a lengthy process of litigation by adjoining occupiers, including the quashing of an earlier decision letter, the matter eventually came to a head at an enforcement appeal. The Inspector in his decision letter dismissed the appeal, and upheld the notice. The decision letter, and the background to the appeal, is a salutary reminder of the hazards of a developer departing from the details approved through a planning permission without first securing approval.
A copy of the decision letter can be accessed by this link.
Douglas Edwards QC represented the affected adjoining occupiers who successfully opposed the appeal, instructed by ROK Planning and Susan Ring, of Harrison Grant, solicitors.