Farmer Filder Forced To Demolish His Castle
ROBERT Fidler, of Salfords, Surrey, must demolish his home. Mr Fidler built a castle, with turrets. And a canon. Mr Fidler did not get planning permission.
The home was hidden behind bales of straw and tarpaulin for four years. He believed that after this time, a legal loop hole would allow him to keep his house.
Then a Government inspector said that the removal of the straw bales constituted part of the building works and the four-year immunity rule would not apply. To the High Court, then.
Deputy High Court judge Sir Thayne Forbes rules:
“In my view, the inspector’s findings of fact make it abundantly clear that the erection/removal of the straw bales was an integral – indeed an essential – fundamentally related part of the building operations that were intended to deceive the local planning authority and to achieve by deception lawful status for a dwelling built in breach of planning control.
“Mr Fidler made it quite clear that the construction of his house was undertaken in a clandestine fashion, using a shield of straw bales around it and tarpaulins or plastic sheeting over the top in order to hide its presence during construction.
“He stated that he knew he had to deceive the council of its existence until a period of four years from substantial completion and occupation had occurred as they would not grant planning permission for its construction.
“I accept that the act of concealment does not in itself provide a legitimate basis for the council to succeed, as hiding something does not take away lawful rights that may accrue due to the passage of time.”
“From his own evidence and submissions it was always his intention to remove the bales once he thought that lawfulness had been secured.”
Says his lawyer, without any hint of humour:
“The judge appears to have left open the big question – when is a building substantially complete?”
As June says, Mr Fidler – nominative determinism at work.
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Posted: 3rd, February 2010 | In: Strange But True Comment (1) | TrackBack | Permalink
