Homebuilder will have to tear down house after losing enforcement battle with council

A housebuilder will have to demolish a home that was put up without permission within three months – having lost an appeal against the council.

An enforcement notice was issued by Buckinghamshire Council on January 21, 2025 regarding a house in Stoke Poges – Hillbrow Cottage in Wexham Street.

It instructed the demolition of the building and clearing of the site afterwards.

Mr Tapinder Singh appealed the decision to the planning inspectorate, a Government body that can override local authorities like the council.

The appellant said that if he knocked the building down, he could put up practically the same one again using permitted development rights (PDR) – effectively claiming that demolishing this home is pointless.

In plain English, PDR means certain building work or changes that are allowed without having to apply for full planning permission – as long it follows a set of national rules.

However, Gareth Symons, planning inspector, wrote in his report that there ‘is no supporting information [to show] that permitted development rights would apply.’

The appellant also does not say that he would, in fact, rebuild the structure, he added.

Further, Bucks council said the building cannot count as permitted development because it is too tall and too close to the boundary.

In other words, it breaks the rules for work that is allowed without planning permission – this is ‘not disputed’ by the appellant, wrote Mr Symons.

“This being the case, a new structure of similar size in the same position would also not be permitted development,” he concluded.

“For the reasons given above, I conclude that the appeal should not succeed. I shall uphold the enforcement notice.”

He added: “The appellant has not explained why the planning, funding and execution of the safe and proper demolition of the building would take longer than the three months allowed by the notice.

As such, this home will have to be demolished within three months.

When an enforcement notice is appealed, the clock pauses. The three-month deadline starts again once the appeal decision is issued.

Because the decision came on October 16, the three-month period runs from then. Therefore, the building will need to be removed by January next year.