A FAMILY are facing a £50k fine from a jobsworth council if they don’t demolish a summer house for their daughters – which they built for £3k.
James Bevis and his partner Louise constructed their extension four year ago with no objections from neighbours in Dalkeith, Scotland.
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But the council are now claiming that they needed planning permission for the budget DIY extension because it was in front of their home.
They refused to grant permission and have now ordered them to remove the building and all its materials from their garden.
After a two year delay because of the pandemic, officials have now issued an enforcement notice to the family.
The notice says that if their fail to demolish their extension then they could face a £50,000 fine and “undermine public confidence in planning policy”.
Devastated James and Louise have appealed the decision, taking their case to Scottish Ministers and hoping that they will be able to change the decision.
The extension was put in place to let the couple’s teenage girls have a space to spend time with their friends.
Joiner James, 52, told Edinburgh Live: “We read the planning rules and did not think it needed planning permission so were surprised when we were told we needed to apply, but all the advice we were given suggested it would be okay.
“We held our hands up to the mistake but when the planning officer came out it was clear she was not happy with anything we had done.
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“She even accused us of thinking because we had bought an ex-council house we could do what we wanted.
“All our neighbours are supportive and can’t believe the actions of the council, there are plenty of other houses around with extensions which are also forward of the houses but they all seem to be fine.”
Louise, 44, added: “The enforcement notice was really intimidating telling us we could be fined up to £50,000. It is frightening and we feel we are being victimised.
“We are really hoping common sense prevails here and the Scottish Government Reporter will see this is not anything other than an improvement to the garden.”
The property has a large side garden rather than space at the rear, and the extension was built in the side area.
It also extended slightly forward in front of the house, along with decking installed into the garden which has been granted planning permission.
RIGHT TO LIGHT Homeowners can get neighbour’s sheds, fences or extensions removed or claim compensation under little known rules
HOMEOWNERS can get their neighbour’s sheds, fences and extensions removed – or even claim compensation under little-known rules
You can take action if a new development or existing structure blocks natural light entering your home.
It all comes down to a homeowner’s so-called Right to Light.
Under the rule, if more than half of a room in your home is lit by natural daylight, which will be blocked by your neighbour’s building work, you can take legal action.
Any kind of new development that obstructs the light can be challenged, according to a new guide by the Royal Institution of Chartered Surveyors (RICS).
That includes sheds, garden walls, extensions, new housing or commercial buildings.
In the enforcement notice issued by the council it argues that allowing the building to remain would undermine public confidence in planning policy.
However a planning officer’s report into the original planning application acknowledged no complaints or objections to the building were lodged by neighbours – instead receiving letters of support.
The council notice said: “The council’s planning authority has deferred taking enforcement action due to the circumstances relating to the covid-19 pandemic.
“However, that situation has now improved and the unauthorised building that houses both developments now needs to be removed.
“Its continuing presence on the land is in conflict with the democratic, planning, and decision making process and would thereby undermine the credibility of the planning system and public trust in its outcomes.”
