Scots couple who were ordered to demolish £20k summer house win planning battle with council by making tiny change to it
'GLAD IT'S OVER' Scots couple who were ordered to demolish £20k summer house win planning battle with council by making tiny change to it
A COUPLE have won a long planning battle with the council by moving their £20k summer house - one metre.
Defiant Martin Keyes and Catherine Curran have renamed their outhouse 'Victory Bar' after finally meeting the demands of planners.
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Martin Keyes had been ordered to tear down his summer house
Credit: SWNS
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The council said that it was considered to be too close to a neighbouring home
Credit: SWNS
They were shocked to get a letter out of the blue last year telling them that retrospective planning permission had been refused for the building.
Despite no objections or complaints, the summer house - which was built more than three years ago - was considered too close to a neighbouring home.
It was then rejected on appeal and following a site visit from Inverclyde councillors.
In the end, the couple forked out more money to move the summer house further away from the fence.
Martin, of Glasgow, said: "To be honest, I think it is less private than before, but we did what they wanted.
"Now we are looking forward to enjoying our summer house.
It has been very stressful and we are glad it is over. We won and we have our summer house
Martin Keyes
"We are just waiting for the official paperwork.
"But we were never going to be forced to tear it down. That was not an option.
"We decided to call it Victory Bar, because it is still standing.
"I can't wait to enjoy more nights in our summer house now it is finally safe."
I'm being forced to tear down my loft conversion - my neighbours call it a 'monstrosity' but I'm going to fight back
Last year, the couple were told that retrospective planning permission had been refused nearly four years after it was built.
At the time, the couple said that they would refuse to tear it down and lodged an appeal.
Following a site visit by members of the local review body, the decision was taken to refuse an appeal.
Catherine added: "We tried to explain to the officers that the summer house was in the best position."
The couple even submitted a petition to the council from neighbours and friends in support.
But determined not to be beaten, Catherine and Martin took action to secure the future of their summer house.
With guidance from council planners, they moved the summer house and restructured their garden.
What happens if retrospective planning permission is refused?
According to experts at Planning Direct, if retrospective planning permission is refused, you need to act quickly. They say:
"Fortunately, you do have a right to appeal the refusal in the same manner as a normal planning application.
"Find out more about submitting a planning appeal using the button below.
"However, your council is likely to take formal enforcement action unless you promptly state your intention to appeal.
"If you do appeal, most councils will wait for the appeal to be decided before they take enforcement action.
"Should the appeal be allowed, the development will become lawful and no enforcement action can be taken against it.
"If the appeal is dismissed, it's likely that a formal enforcement notice will shortly be issued by the LPA.
"Occasionally, a local council will decide to take enforcement action whilst a retrospective planning application is still under appeal.
"Unfortunately, you must also appeal the enforcement notice if this happens."
Relieved Catherine, 50, said: "It has been very stressful and we are glad it is over.
"We won and we have our summer house.
"We would like to thank our neighbours and friends for their support."
She added: "We can move on now and enjoy our summer house stays."
A spokesperson for Inverclyde Council said: "In the event of a retrospective planning application and any subsequent appeal both being refused due to breaches of the planning guidelines, we will endeavour to work with the applicant to explore options available to them and whether there are ways to meet relevant planning guidelines."
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