Barton-Le-Clay house planning row appeal
- 7 June 2014
- From the section Beds, Herts & Bucks
A council is appealing to the High Court after it was blocked from ordering the demolition of an "inappropriate extension" to a house.
Central Bedfordshire Council issued an enforcement order on Syed Raza Shah's house in Barton-Le-Clay over an alleged breach of planning permission.
A planning inspector quashed the notice due to "insufficient clarity".
The council said: "We have submitted papers and we are appealing against the decision."
Mr Shah was granted permission to increase the floor space of the house by about 45% in 2011.
But the council said the work done equated to more like a 200% increase, refused retrospective planning permission last August and said he must demolish the property.
It said Mr Shah's alterations amounted to a "new dwelling" and was an "inappropriate development" in what is an Area of Outstanding Natural Beauty.
Mr Shah said he had made "some minor adjustments" but had "kept within the parameters".
At an appeal against the demolition, he argued the alleged breach of the order - that he had built a new house - had not happened because he had simply extended the existing building.
A planning inspector agreed this was the case due to the existence of the original building's internal and external walls and so the order was invalid.
"[The enforcement notice] does not specify with sufficient clarity the alleged breach of planning control," his report said.