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'illegal' mock-Tudor castle he tried to hide behind 40ft hay bales
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- The law says that once a property has been built for 4 years, no planning enforcement action can be taken.
- Fidler interpreted the law as meaning he could surround the property with hay bales for 4 years.
- Reigate Council interpreted the law as meaning the 4 years starts when the hay bales are removed.
- Reigate Council essentially asked a court to decide - and the court agreed with the council's interpretation
Other property law, such as that relating to adverse possession or prescriptive easements, requires one to act openly and not use subterfuge to obtain an advantage.
It follows that the 4 year rule should be interpreted similarly.
Other rules relevant to this case are probably those regarding the illegal occupation of agriculturally-tied dwellings. In that case, the occupants must be in continous residence without challenge for a minimum of 10 years before a Certificate of Lawful Use may be granted.
I wouldn't dispute that many ag-tied properties are occupied illegally, and that councils nowadays may decide to look the other way, rather than actively seek to enforce, but the 10 year rule is still being used to create CLEUDS.0 -
As a Reigate & Banstead tax payer its money well spent. But in any case, the building would have been "Unsellable", wouldn't it?, as it broke loads of building regs.0
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Other property law, such as that relating to adverse possession or prescriptive easements, requires one to act openly and not use subterfuge to obtain an advantage.
Yes - and my understanding is that planning law has now been changed as a direct result of the Fidler case.
Now, if there is any deception involved, the '4 year rule' no longer applies.0 -
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Demolition of Surrey 'hidden castle' almost completeThe demolition of a mock Tudor castle that was built without planning permission has almost been completed.
Farmer Robert Fidler, who built the house in Salfords in the Surrey greenbelt and hid it behind hay bales for four years, was ordered to tear it down by 6 June or face jail.
Footage shows most of the castle has now been demolished.
The first enforcement order was served by Reigate Council nearly 10 years ago and a decade of legal battles followed.
http://www.bbc.co.uk/news/uk-england-surrey-36445848Originally Posted by The-Joker
yes its still there and it will be this time next year and the years after.
the same people will always be saying he has lost and this time it rteally will have to be demolished, but they will be just as wrong as they were several years ago saying the same things.
they will still be saying the same things in years to come but mr fidler is always one step ahead.
fidler is a hero, he has set a president for others to follow.
the planning laws are a joke, now many others will be building without all the messing about trying to get permission, they will be successful just like the fidlers
:rotfl::rotfl::rotfl::rotfl::rotfl:0 -
Such a lovely location for it, isn't it? Obviously, that's a working cattle farm...0 -
It's all finally gone.
Gravel and dirt, not a green field, replace Robert Fidler's castle
http://www.surreymirror.co.uk/gravel-and-dirt-not-a-green-field-replace-robert-fidler-s-castle/story-29487924-detail/story.htmljoker wrote:yes its still there and it will be this time next year and the years after.
the same people will always be saying he has lost and this time it rteally will have to be demolished, but they will be just as wrong as they were several years ago saying the same things.
they will still be saying the same things in years to come but mr fidler is always one step ahead.
fidler is a hero, he has set a president for others to follow.
the planning laws are a joke, now many others will be building without all the messing about trying to get permission, they will be successful just like the fidlers0 -
Mr Fidler said: "The most important thing to me, as I have said over and over again, is I never broke any laws."He added: "The council are always on about trying to [stop] encroachment on the green belt and all this rubbish. Everybody assumes that it's [the site] in the middle of a field somewhere, not in the middle of an industrial yard.
http://www.independent.co.uk/news/uk/home-news/robert-fidler-meeting-the-farmer-battling-to-save-his-bat-filled-castle-filled-built-without-a6734216.html“I wasn’t going to let my family live in a shed for the rest of their lives, and I had to be on the farm to care for my cattle,”
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He cites green-belt building exceptions for farmers if it is essential they live close to their cattle.Asked whether the matter was closed, Mr Fidler said: "Well, except that I have got nowhere to live."
Mr Fidler and his family are currently staying in another building on the site.
Still, it seems to be on a par with the rest of his relationship with reality and accuracy.0 -
Probably still got the foundations hidden under there hoping to rebuild one dayEx forum ambassador
Long term forum member0
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