By Milo Pope and Stewart Whittingham
08:54 25 May 2024, updated 09:17 25 May 2024
A couple are facing being kicked out of their home after the council ordered it demolished because it is just 75cm too tall.
A smart detached new-build in Prestwich, Bury, is set to be demolished after planning chiefs also said its owner built the four-bedroom property five feet in the wrong direction.
It is currently rented out to married tenants who now need to find a new home.
‘We only found out yesterday,” the devastated husband told MailOnline.
“It was a shock. My wife spoke to the landlord. He said he would appeal, so we don’t know what will happen.’
Landlord Martin Wright has been ordered by Bury Council to demolish the house within five months.
The authority’s planners said there had been a “breach of planning control”.
Plans for the two-bedroom house in Prestwich, Greater Manchester, were originally approved in 2018, but the council launched enforcement action in 2023 once it had already been built and occupied.
The council order calls for the house to be demolished and permanently removed along with all garden structures and retaining walls.
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All resulting materials must be removed from the site to restore the site to its original condition.
An appeal was lodged but Mr Wright was told in April that he had six months to demolish the house and restore the grounds.
The council claims the building has been moved around 145cm so it is not in the position shown on the approved plans.
The enforcement notice states: “As a result of the above, the parking area has a depth of 4,550mm (455cm) as opposed to 6,000mm (600cm) as shown on the approved plans.”
The space available would not meet the parking requirements. A double-height bay window at the front of the building has been omitted and therefore does not conform to the approved plans.’
The height of the building has been increased by approximately 75 cm (750 mm) and the front entrance steps are not located according to the approved plans. The view of the south gable is not satisfactory as windows have been added at first and second floor level.’
The council added that the building “amounts to unauthorized construction and constitutes a serious breach of planning control”.
The notice added: ‘The building, as constructed, is detrimental due to its location, layout, lack of parking, external appearance and poor design.’
In his appeal against the decision, planning inspector Peter Willows said “the dwellings now built differ in many respects from the permitted dwellings”.
He added: “I find that the building that has been built detracts from the character and appearance of the area.”
Mr Willows extended the time allowed for demolition from 60 days to six months.
He said: “Given that the property is now clearly occupied, it is necessary to give the occupiers a reasonable period of time to seek alternative accommodation.”
Given this change in circumstances since the notice was issued, the council now recognizes that a longer period of time to comply with the requirements is appropriate. The petitioner proposes a period of six months.’
In my view, this would strike the right balance between the needs of property users and practical considerations on the one hand, and the need to ensure that breaches of planning control are rectified without undue delay on the other.’