A Rotherham man’s legal battle – to continue using a barn as his home after secretly converting it – has failed after the Court of Appeal in London sided with his local council.
David Bonsall must now return the barn to its original use after the court found that he had purposefully deceived Rotherham Metropolitan Borough Council and the barn’s neighbours.
He secretly converted the unit into a home with three bedrooms and four bathrooms, though there were no windows and it was concealed by woodland, hedges and gates.
It was understood that Mr Bonsall hid the conversion in an attempt to avoid the requirement for planning permission, by meeting the four-year rule.
The court’s decision took into account the fact that Mr Bonsall had knowingly breached regulations, which meant that his right to immunity from planning controls was a key issue.
A recent High Court ruling means that local authorities can take legal action against deliberately concealed conversions that have not been granted planning permission, despite the fact that current laws state they only have a four-year window to take action against illegal developments.
Lord Justice Richards dismissed the appeal that was raised and stated that he was satisfied deliberate concealment had taken place, which means that the property will have to be converted back to its former status and cannot be used as a residential dwelling.
The ruling serves as a reminder to anyone seeking to build or convert a property that they must first obtain full planning permission before any construction, development, or change of use takes place.