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Search the Public Notice PortalEnforcement action is looming over an “eco-house” built at a historic Herefordshire farm without planning permission.
Carola Girling of Upper Poppinger, Woodend west of Ledbury applied in April for a certificate of lawfulness confirming a property, The Farm, had been completed over four years ago and lived in continually since, and that no enforcement action could therefore be taken against it.
Her accompanying sworn declaration acknowledge that it had been built without planning permission.
She and her second husband Charles, “a qualified architect with a keen interest in alternative building technologies”, planned and built the eco-house, with straw bale walls, “despite their advancing years”, her application explained.
It had been occupied in December 2019 and let out to a tenant in August 2020, it added – though this could not be shown by utility bills as it shared these with neighbouring properties.
Ashperton Parish Council said “much more evidence” would be needed before deciding the case.
Planning officer Tracey Meachen agreed, adding that requests for council tax bills and other evidence regarding the property had gone unanswered.
In this and other ways, the application failed to back up its claims with evidence, she added. Yet Mr Girling “is a qualified architect and would therefore be knowledgeable in planning matters”, and whose “professional integrity would lead him to ensure the project had all permissions in place”.
The lack of this, coupled with the house’s location away from the public gaze, indicated “a deliberate decision by both parties to conceal the project” from the council, “until the period for enforcement action had expired”, she said.
The council “cannot condone” its lack of independent utilities which “is not considered legal” and could be a health and safety risk. Nor did it appear that the council’s building regulations, council tax or electoral role departments had been contacted regarding the property, Ms Meachen said.
And she concluded the claimed tenancy at the property was “false” as the agreement given as evidence related not to The Farm but to the neighbouring grade II listed, 17th-century Upper Poppinger farmhouse.
The request for a certificate of lawfulness was therefore refused.
A council spokesperson confirmed the case has since been passed to its planning enforcement team “to investigate and consider enforcement action”.
No contact details could be found for Mrs Girling or her husband.
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