Defeated homeowner demolishes illegal outbuilding
Published by Max Salsbury for 24dash.com in Housing and also in Legal, Local Government
Demolition of new £600,000 house begins after planning wrangle
A property owner has finally heeded advice and demolished an illegal outbuilding he built at the rear of his property in Hayes.
Mr Nemchand, of Orchard Road, knocked down the extension after losing a planning appeal and judicial review.
An enforcement notice was initially served by Hillingdon Council in 2011, as the size of the extension meant Mr Nemchand had exceeded what was allowed by planning rules.
He appealed against the notice, which he lost and the decision went to Judicial Review. The decision was then referred back to the planning inspectorate, who ruled the extension must be demolished or made into an outbuilding which complied with planning regulations governing the size and use of outbuildings.
The extension was turned into an outbuilding but it was still too large, and when council officers explained to the owner that he must either demolish the outbuilding or reduce its size, he reverted the building back to the original extension, which had been the reason for the original enforcement notice.
Council officers advised Mr Nemchand that his failure to comply with the enforcement notice could result in court action. In addition, he was told that if he did not demolish the extension, the council would take direct action to demolish it under planning powers, and seek to recover the costs.
An inspection of property last month showed that the extension was still there so the council started preparing to undertake demolition works. However, a further check made on 8 July 2014 revealed that the extension had now been demolished.
Councillor Keith Burrows, cabinet member for planning, transportation and recycling, said: "I am pleased to see that this resident saw sense and did the right thing. He took our advice and knocked the extension down.
“We recently took action in another case and had to undertake the work ourselves to demolish an illegal outbuilding. It is a last resort but we will take action if residents continue flout planning laws and they could end up paying a hefty fine if we prosecute.”