Sutton Coldfield dad who built £180k back garden bungalow for ill father has days to tear it down
Mark Jones, 55, spent £180,000 on the project but has until the end of June to comply. He accused Birmingham City Council of "bullying" him and said he would move to Spain if it had to be bulldozed.
He began the build in Walmley Ash Road, Sutton Coldfield, without planning permission in March 2019, hoping his late father could move in. But he died that October and Mark's daughter and her boyfriend used it during the pandemic before he moved in himself.
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But a neighbour had already complained and Mark had been told by a council officer that he needed planning consent.
Six years on, Mark, who initially believed he could build the bungalow under permitted development rules, has less than a fortnight to meet the demolition deadline having twice been refused planning permission and lost an appeal.
He told BirminghamLive: 'We thought we could do permitted development, two bedrooms and a bathroom, and a dining room/living space.
'It was a separate building within the permitted development size.
"But a planning officer came out and said I could not continue and needed planning permission.
'I put in for permission but carried on building. Unfortunately, a builder left us in the lurch.
'We started in March 2019 and the planning officer initially came out in April 2019.
'Within two days we got a planner to redo the plans, and with the plans we put in a kitchen to make it liveable.
'The application was rejected late in 2019 and again in 2020. My dad died in October 2019.
'At the time, my daughter was training to be a paediatric nurse and moved into the bungalow with her boyfriend because of Covid.
'We had a date to have the building down by March 14, 2022. We put our head in the sand.'
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Mark said he initially continued building despite his planning problems because his dad was gravelly ill and he was convinced he would eventually secure consent.
His first application was rejected in October 2019, the same month he lost his father, because the "siting, design, appearance and plot layout would adversely affect the established mature character of the existing residential area".
The development work continued with the roof and windows completed at the end of November.
A second application - also refused - was submitted that month, for the retention of the bungalow with a kitchen/dining area, two bedrooms (both approximately 12 square metres), bathroom and a store.
There were three objections from residents raising parking issues, privacy and light concerns, and concerns from Walmley Ash Allotment Association.
The residents said the building in a back garden was 'over-intensive', 'contrary to planning law' and would 'set a poor precedent for other home owners in the area'.
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Undeterred, Mark completed the internal works in June 2020 and appealed to The Planning Inspectorate. But in February 2021 inspector, Samuel Watson refused the 'backland' development.
He said homes in Walmley Ash Road mainly featured undeveloped gardens and described the bungalow as 'alien'.
In November 2021, Mark was told to take the bungalow down by March 14, 2022.
He submitted a new permitted development certificate application for a single-storey outbuilding but that has yet to be decided.
He said he was told even if it were granted, and he was convinced it should be, he would need to pull down the original bungalow and build it again.
He said: 'We were told it's got to come down by the end of June.. The council is taking me to court.
'My ex-wife is a midwife and can't get a criminal record.
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"The council is supposed to have done things it hasn't done.
'The council should look at alternative uses.
'Page 20 of its police framework document says all the things the council should do to reach a solution. One of them is negotiation.
'It's bullying. It wants us to knock a house down that's perfectly reasonable.
"From the street or a neighbour's garden, you wouldn't see anything. You can't see into windows.
'We back onto an allotment and I have offered to plant trees. There was a garage there before.
'The council made silly comments like it was not the right shape for the area.
'My dad was dying and the urgency was there. In all honesty, I wouldn't do it again.'
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He added: 'It's 100 per cent within permitted development certificate limits.
'It doesn't have separate water or internet. We don't pay separate council tax. We can't have all three utilities until we have planning permission.
'Every single thing has been refused by Birmingham City Council.
'I don't want to knock it down. It's a waste of time and money. If I get the permitted development certificate, we are going to sell the house with an annex.
'The council should have put an enforcement on me to stop me building it. If I lose, I am moving to Spain and I will take the house down.
'Ultimately, I acknowledge I am at fault. However, I believe the council also bears significant responsibility due to the initial misguidance, followed by a severe lack of communication, support, and adherence to its own procedures.'
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A Ministry of Housing, Communities and Local Government technical guidance document for permitted development rights, dated September 2019, said: 'A purpose incidental to a house would not cover normal residential uses, such as separate self-contained accommodation or the use of an outbuilding for primary living accommodation such as a bedroom, bathroom, or kitchen.'
Mark said the original plan for the building for his dad would still have been reliant on the main house.
He said his intention was to have the building as an annexe with office or other space rather than living accommodation.
A spokeswoman for Birmingham City Council said 'Mr Jones is currently in breach of the enforcement notice that was served to him in 2021, and we have given him ample time to comply with the notice by the end of June 2025.
'A decision will be made imminently on the lawful development certificate that Mr Jones has submitted, and a case officer will then be in contact with him to advise further.'
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