Newent building to be demolished after planning appeal fails

A BUILDING erected without planning permission will have to be demolished following the failure of an appeal.

Mr Ian Greenwood of Herridges Orchards at Pool Hill near Newent had appealed against an enforcement notice issued in August last year by the Forest Council.

The notice required the removal of the agricultural building and associated services and restore the land.

Mr Greenwood had referred “the lack of validity” of the reasons given in the notice.

But planning inspector Jonathan Edwards said that appeared to be a response to the council’s views on the planning merits of the development rather than any technical issues with the notice.

One of the grounds for appeal was that the alleged breach had not occurred.

But Mr Edwards said photographs show the building from various viewpoints.

He also saw the building when he visited the site.

It was also argued that the building was not a breach of planning control.

External doors and windows have not been fitted to the building and the upper parts of the walls and the roof are unfinished.

But blockwork walls have been erected on all sides with a timber structural frame on top.

Mr Edwards said it met criteria to be defined as development and so needed planning permission.

Permission was granted by the council for a building in 2020 but the current structure is 90 metres from the agreed position.

It was suggested that this was a minor variation or a technicality and that in all other respects the building as constructed aligns with the approved details.

The inspector said it “is apparent that there is a significant and material locational difference.”

The appellant also to an email from a council officer in July 2023 advising that, following a site investigation, no breach of planning control.

Mr Edwards said that could not be treated as agreement from the council to allow the development.

Mr Greenwood also said the building is in a less prominent position compared what was approved.

The building has been constructed on lower land in good faith and in response to concerns by Pauntley Parish Council.

Mr Edwards said that had no bearing on whether the building breached planning control.

Mr Greenwood was also concerned that the demolition of the existing building and the erection of an approved replacement would exceed what is reasonably necessary to remedy the breach of planning control.

Mr Edwards said the notice did not require new construction, only removal of the existing building which was not “excessive”.

Mr Greenwood said to remedy the situation the council should concede the building as constructed was in a better location.

He also said he was in discussion with the council to reduce the length and visibility of the building.

He also suggested submitting a planning application under regulations which allowed the 2020 plan.

Mr Edwards said such applications have to be made before building starts.

He said the alternatives would not remedy the breach.

Mr Greenwood has six months to comply with the notice.