High Court orders resident to demolish 10,000 sq ft leisure building in garden

A High Court judge has granted Forest of Dean District Council an injunction ordering a local resident to demolish a 10,000 square foot sports and leisure building that was erected in his garden without planning permission in 2014.

Following a hearing at Cardiff High Court that took place on 20 September, His Honour Judge Jarman QC granted the injunction because Graham Wildin, who lives in Cinderford, failed to comply with an enforcement notice, issued by the local authority in March 2014, instructing him to demolish the works.

Representing Forest of Dean at the hearing, barrister Stephen Whale of Landmark Chambers noted that Wildin had appealed to the Planning Inspectorate and the High Court to cancel the enforcement notice and had failed on both occasions.

He was then given over two years to comply with the enforcement requirements but failed to do so. This was despite the council’s attempts to negotiate with him, Whale said.

HHJ Jarman QC is reported to have said that Wildin had not taken any steps to comply with the enforcement notice. The judge concluded “It is clear to me that he will not do so unless and until ordered to do so by the court”.

The judge accepted that there would be adverse impacts upon Wildin in granting the injunction, but that these were not such as to outweigh the public interest in compliance with planning control to remove a building “which has very serious impacts on the living conditions of neighbouring occupiers”.

Cllr Philip Burford, Chair of the Forest of Dean District Council Planning Committee, said the ruling would sent out a strong message.

“The planning committee had great sympathy for the neighbours who made valid complaints,” he added.

“Mr Wildin knowingly erected his sports and leisure building even though he did not have the appropriate planning permission from the council, he then he refused to cooperate with our enforcement team.  We very much hope that this long-running issue can now be brought to a satisfactory conclusion.”