Homeowner loses enforcement appeal on new dwelling

24th March 2017

Adam Victor Kenealy erected a bungalow without planning permission in 2013 following the removal of a stable building. He has lost an enforcement appeal on the dwelling within the Metropolitan Green Belt.

In 2015 an Enforcement Notice was served by Three Rivers District Council requiring the bungalow’s demolition, and the restoration of 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.

During the appeal it was clear that Mr Kenealy had undertook blatant attempts to mislead the Council, lied and influenced others to falsify documents. The Inspector said that if “the Appellant had not approached this appeal in such a reckless manner that the Council might not have needed to go to lengths that it did in its comprehensive statement.” He added: “the claim that this was a conversion is bordering on irrational” and “there can be no doubt that the works undertaken in 2013 did material affect the external appearance of the building and indeed appear to have replaced the stable.”

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.”

Councillor Chris Whately Smith (Lead Member for Planning) 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 that undertake such works.”

Due to the unreasonable behaviour of the owner, the Council are to receive costs given the appeal resulted in unnecessary and wasted expense. The Council expects that the bungalow and associated works are removed from the site within six months.