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Search the Public Notice PortalA woman has begun the next stage of her planning battle to keep her secluded self-built eco-house in the Herefordshire countryside that never had planning permission.
Carola Girling of Upper Poppinger, Woodend west of Ledbury applied in April last year for a certificate of lawfulness confirming she and husband Charles, an architect, had completed the house, known as The Farm, over four years prior and had lived in it continually since, so no enforcement action could be taken against it.
In refusing the request, Herefordshire Council’s planning officer concluded there had been “a deliberate decision by both parties to conceal the project” until the period for enforcement action had expired.
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The couple made a repeated attempt in February of this year with new sworn statements and details of the occupation of the house, attempting to address the perceived shortcomings of their previous bid.
Ms Girling maintained The Farm “was not constructed covertly and at no time had its occupation been clandestine, as evidenced by the signs we installed”, and indeed has its own water, gas and electricity supplies and drainage system.
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But in April this too was refused, the officer citing “a lack of evidence demonstrating continuous use as a separate residential dwelling during the required period”, while finding sworn declarations provided by acquaintances were judged “not sufficiently unambiguous”.
Now, in an appeal to the Government’s Planning Inspectorate, Ms Girling claims that the council’s allegation that she had concealed the new building was “contrived” and that she had volunteered to seek the certificate of lawfulness without there being any threat of enforcement action against it.
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The law says such cases should be determined “on the balance of probabilities” and on that basis the certificate should be granted, her statement says.
The inspectorate has now confirmed a written (rather than in-person) planning inquiry will now be held, with evidence to reach the planning inspector by December 9.
Ms Girling has previously declined to comment on the case.
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