Magistrates back enforcement action over house concealed as garage

Magistrates have told Stratford-on-Avon District Council it can take enforcement action against a couple who disguised their house as a garage.

The building in Long Itchington was used as a residential home despite lacking planning permission for this, having few windows and resembling a garage.

Nuneaton magistrates said the couple who lived there had breached planning controls.  

The couple applied in December 2016 to the council for a certificate of lawful use and development for the garage and provided sworn affidavits that in June 2011 the garage had been converted into a 'habitable residential dwelling' that they had permanently occupied since April 2012.  

This was the first time that the council had become aware of the change of use and was after the normal period in which it could take enforcement action for an unauthorised change of use. 

The council applied to magistrates on the grounds that the building had been deliberately concealed, so allowing it to take enforcement action beyond the normal four years allowed.

Regulatory committee chair Simon Lawton said: “Planning regulations are there to protect against unauthorised development.

“The council will consider this court process to prevent breaches becoming immune from enforcement action where a breach has been deliberately concealed to avoid enforcement action.”  

Stratford was awarded costs of £7,145.65.  

Mark Smulian