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Search the Public Notice PortalA couple’s second go at regularising their “eco-house”, built without planning permission at a historic Herefordshire farm, has again failed, with the planning officer concluding it had been “deliberately concealed” from the authorities.
Carola Girling of Upper Poppinger, Woodend west of Ledbury had sought a certificate of lawfulness confirming The Farm, built with her architect husband in 2018-19, had been completed over four years ago and lived in continually since, and that no enforcement action could therefore be taken against it.
With straw-bale walls, the bungalow has its own water, gas and electricity supplies and drainage system, and so has “functioned as an entirely separate dwelling”.
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It had not been “constructed covertly”, she maintained, “as evidenced by the signs we installed”.
Planning officer Chloe Smart acknowledged that, since Ms Girling’s previous refused bid , her new application included further information on the property and its occupancy.
“However, overall, it is considered there remains a lack of evidence demonstrating continuous use as a separate residential dwelling during the required period,” while declarations provided by acquaintances were “not sufficiently unambiguous”, she concluded.
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There also remained a question over whether the building could “reasonably be considered to constitute a separate dwellinghouse in its own right”.
And with no evidence of the purported signs had been provided, Ms Smart added: “There still remains a concern that there has been a deliberate attempt to conceal the building rather than simply not applying for planning permission.”
The application for a certificate of lawfulness was refused.
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Asked whether it will now consider enforcement action against the property, a spokesperson for Herefordshire Council said it “will review the circumstances and consider the options available to it in line with planning legislation and policy”.
“It would not be appropriate to comment on potential enforcement action at this stage.”
Ms Girling had earlier declined to comment on the case.
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