The Hereford Times

Spot of bother over a balcony

8:00am Sunday 11th May 2008

THE High Court has taken a dim view of a balcony scene played out between Herefordshire Council and a professor who tested planning rules.

Built to replace a previous balcony, the “rather larger” first floor platform overlooking prime pastures was a big pitch when Riverside House, Lugwardine, went on the market for a six-figure sum.

But the new balcony had no go-ahead from planners, and the council ordered its removal. The owner of the house, Professor Max Kingsley, from London, appealed against the initial enforcement notice but lost in June last year.

Professor Kingsley then launched a High Court challenge. That, too, has now failed with a judge slamming the action as “utterly hopeless”.

Sitting on Tuesday, Mr Justice Collins rejected any claim that council planning officers had erred in upholding their enforcement notice.

“The reality is that the claimant should make an application for retrospective planning permission, paying the proper fee, and no doubt the enforcement notice will be held in abeyance until the planning application is considered. “That is his remedy, not to seek to appeal on utterly hopeless grounds,” he said.

The judge ordered Professor Kingsley, who was not in court to hear the ruling, to pay £1,200 towards the government’s legal costs of defending the inspector’s decision.

Peter Yates, the council’s development control manager, said he was pleased at the support for his team shown by both the government inspector and the High Court.

“It is now for enforcement officers to ensure the balcony is removed,” said Mr Yates.