'illegal' mock-Tudor castle he tried to hide behind 40ft hay bales

sabretoothtigger

He is in the highest court so there is no other option beyond digging a moat maybe, these things do take years so in a way he has got away with it for that amount of time but he also has paid out alot in legal fees I expect

Gwhiz

RDB wrote: »

Agreed, they just want to make an example of him.

Don't turn this into a class war issue.

He tried to avoid planning and got caught - pure and simple. Planning rules are there for a reason and I hope it gets pulled down because of that.

bosseyed

Its guaranteed to be pulled down - this year, next year, whenever - but it will go eventually. It has to - think of the precedent the council will set if they let it stay, they'd be opening the door to hundreds of other chancers with similar regulation dodging schemes which clearly they won't want to do.

planning_officer

RDB wrote: »

Planning officer I dont mean to disagree with you so much. Im sure you know more than I do about this.
But with all due respect, a couple of years ago people were saying what you are saying now. Its always going to be soon.

That's ok - I'm used to it in my job! lol
Yes, I probably did say a year ago it will be demolished soon, but I don't think anybody really thought that he'd go through so many appeals. He's been through two appeals now (and lost them both comprehensively) and this time is definitely the final time he can appeal - I don't know the case intimately but I understand he's gone to the European Court of Human Rights. After this, there's simply nobody else to appeal to (as someone says above, he's in the highest court now), that's why I'm convinced after this appeal it will be demolished. I simply have no idea how long this appeal will take - it all depends on the courts and you know how slow they can be! I've said before that i think this appeal is a complete waste of his time - he simply can't claim it's against his Human Rights to demolish his home, when he's already got another home on the same piece of land!

RDB wrote: »

His name is very apt, Mr Fidler ...

Agree with you there!

new_home_owner_3

What would happen if he sold it to someone else?

would they have to take them through all the courts?

sabretoothtigger

I believe you cant get a mortgage where planning permission is disputed. That might also apply to transfer of deeds? Has to go through the land registry and this kind of value vs ownership happens all the time I bet especially in town centres, planning officers must get offered tons of bribes I should think

A cash sale for a property that large seems unlikely but he could pretend to sell it for a hundred to a friend I guess but sounds far too easy of a dodge to work



The only precedent Ive heard of that might apply is a case in Australia where a dispute with government led to a declaration of sovereign immunity and a large outback estate become legally disputed as a separate country after the Australian foreign office addressed the land owner as such (by mistake).
Very tenuous and I might have remembered details wrongly, plus it was the other side of the world

harryhound

new_home_owner wrote: »

What would happen if he sold it to someone else?

would they have to take them through all the courts?

planning-officer has answered that one already:
#366
planning_officer
14-05-2010, 11:29 PM

Apparently the clock has been stopped in this case.

In a case that effected me, there was temporary planning permission for 3 years for the original owner of an unauthorised commercial development. He promptly sold it. So 11 years later it was impossible for the local authority, which flaffed about preparing for a public enquiry, to take action for the breach of planning permission that occurred with the sale.

(I have personally witnessed a huge one of those concrete breaker, track laying machines, accompanied by "half" the police force of Essex, smashing up someone's home - it can eventually get very nasty for those who have gambled and lost).

Nosht

FWIW
In Paisley many years ago someone started building an hotel near to a local beauty spot without the necessary planning permission.
The outside of the building was completed then work stopped for a few years as the council wanted to demolish the building.
The owner ran out of money & the shell remained there empty for many more years.
Eventually the building was taken over by some sort of church & was completed & now is used as a church/retreat.

Regards,

N.

seven-day-weekend

new_home_owner wrote: »

What would happen if he sold it to someone else?

would they have to take them through all the courts?

I do not think anyone would give a mortgage on it as it is illegal.

I suppose he could try to sell it for cash, but any solicitor would pick up that the place does not have Planning Permission.

The permission runs with the land/building, not with the person. So whoever owns it, it will still be illegal.

Nosht

seven-day-weekend wrote: »

I do not think anyone would give a mortgage on it as it is illegal.

I suppose he could try to sell it for cash, but any solicitor would pick up that the place does not have Planning Permission.

The permission runs with the land/building, not with the person. So whoever owns it, it will still be illegal.

Yes, but the new owner would have to go through all the appeals processes again. :eek:

N.