Demolition for 'unauthorised' greenbelt games room after two-day public inquiry

A planning inspector has thrown out an appeal to stave off demolition to a games room, kennels and barn in Iver after a two-day public inquiry.

An enforcement notice which alleged the buildings, on greenbelt land in Swallow Street, were constructed without permission had been issued by Buckinghamshire Council.

Landowner Mr James Smith appealed the notice and claimed the buildings were not in breach of planning laws, which triggered a public inquiry held in February at the council’s High Wycombe offices.

In a ruling published on Monday (March 31), the inspector found in favour of the council and said the games room, kennels and barn should be demolished within six months.

‘Demonstrably wrong’ evidence presented by the appellant was put under the microscope at the inquiry.

Mr Smith, a tree surgeon, has owned the property and the land to the rear of it - where the unauthorised buildings lie – since 2008.

In his statement of case at the inquiry, Mr Smith claimed historic planning permissions approved by Buckinghamshire Council meant the land was no longer greenbelt.

“The council cannot therefore contend that this previously developed land… constitutes undeveloped greenbelt land,” the opening statement said.

He also claimed the buildings were immune from enforcement action because they had been built before 2020 – placing them beyond the timescales required for a removal order.

He said the dogs kennels were needed for his four animals, and the barn provided economic benefits – having been let to a film and TV set design company.

However, Barrister Michael Rhimes KC, arguing on behalf of the council, hit back at the claims in his closing statement at the inquiry.

A case that the land was now ‘greybelt’ – land in the greenbelt but suitable for development – would fail, he said, because a ‘need’ for development still needed to be proved.

A games room, kennels and barn did not constitute a ‘demonstrable need’, Mr Rhimes said.

He added: “That [Mr Smith] and his family personally values the games room and dog kennels falls markedly short of showing a demonstrable unmet need.”

The council showed images from Google Street and Google Earth at the inquiry, which it said supported its view the buildings had been built after 2020.

In a ruling following the inquiry, the inspector agreed with the council.

Despite several witnesses giving evidence to support Mr Smith’s claims, the inspector said: “I find the appellant’s evidence inconsistent and in some cases demonstrably wrong and so I place very limited weight on it.”

There was not a ‘demonstrable unmet need for this type of development’ the inspector said.

Questions over lacking receipts, which could have supported when development took place, the inspector said, meant it was unlikely claims the buildings were finished before 2020 were correct.

‘While the appellant may prefer dealing in cash, I find this highly unusual, particularly given the sums of cash involved,’ the inspector said.

The inspector ruled that the three buildings, shipping containers, concrete plots and a fence should all be removed.