Gloucester Man Ordered to Dismantle Illegal Barn Flats After Failed Planning Appeal
A man has been instructed to dismantle illegal flats constructed within his barn after a planning inspector rejected his appeal against an enforcement notice from Gloucester City Council. Sean Gorman, 58, challenged the council's order, but the inspector upheld the decision, citing serious breaches of planning regulations.
Details of the Planning Violation
The residences on Gorman's farm at Severnside Farm in Walham, Gloucester, were found to violate planning laws as they were erected on agricultural land and in a flood risk area without proper authorisation. The enforcement notice requires the removal of all fixtures and fittings, including wiring and plumbing, that enable the use of the structures as accommodation.
Grounds for the Appeal and Rejection
During a two-day inquiry, Gorman appealed to the government's planning inspectorate, arguing that the enforcement notice was not properly served and failed to consider his gypsy status, which is a protected characteristic. However, the inspector dismissed this claim, noting that Gorman was personally served with the notice and had the opportunity to seek professional advice and file his appeal.
Gorman also disputed the notice on the basis that the flats had been present on the land since 2020 and had been in continuous use for four years. This was rejected by the inspector, who found gaps in the evidence, including the absence of tenancy agreements for the flats between July 2021 and 2023, with the earliest agreement dating from 2023. The inspector characterised the evidence provided by Gorman and his witnesses as contradictory.
Consequences and Council Response
Gorman has been given six months to comply with the enforcement notice by undertaking works to stop the flats from being used for residential purposes. Non-compliance could lead to further legal proceedings. A representative for Gloucester City Council stated: "We're pleased that the inspector agreed with our view that this was a serious breach of planning laws. Our planning regulations are there to protect our city from unauthorised development and to make sure that the city works for everyone. We will not hesitate to take action where people do not seek the appropriate permissions."
The case highlights the importance of adhering to planning laws, particularly in areas designated for agricultural use or at risk of flooding, to ensure sustainable development and community safety.
