Man will not be able to sell ‘legal loophole’ home

5:08pm Friday 29th August 2008

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By Jack Blanchard »

A CONTROVERSIAL bungalow built by a Worcester man who side-stepped planning laws should never be formally recognised, councillors have ruled.

Furious members of Worcester City Council’s planning committee confirmed their decision not to give Terence Dovey’s controversial back-garden bungalow separate status from the rest of his house – so preventing him from selling it off in the future.

Mr Dovey is now expected to appeal, with the final outcome likely to have a huge impact on the council’s power to restrict new developments.

Mr Dovey had been refused permission to build a bungalow several years ago because his Laugherne Road garden backs onto allotments, and is part of the city’s protected ‘green network’.

A government planning inspector agreed the bungalow should not be allowed, ruling it would have a “detrimental effect”. But the inspector also mentioned that little-known ‘permitted development’ rights would actually allow Mr Dovey to build on part of his garden without permission.

Mr Dovey exploited that loophole to legitimately build the bungalow he had wanted.

Earlier this month the council’s planning committee said it was “minded to refuse” Mr Dovey’s request to have the controversial building recognised as an individual property, after hearing complaints from his angry neighbours.

The council’s planning officers, however, warned that Mr Dovey could potentially win an appeal case, stating they could find no good reason to refuse his application now that the bungalow had been legitimately built.

But at their meeting on Thursday, committee members voted by 8-1 to ignore that advice and officially refuse to recognise the property.

“The inspector said this bungalow would be harmful to the green network,” said Tory deputy-leader Barry Mackenzie-Williams.

“In reality, if we grant permission for a free-standing property then we’re agreeing to further increased usage of the site. I believe we would be wrong to do so.”

Labour councillor Alan Amos said: “The planning inspector did not want to see a bungalow there. I say let him (Mr Dovey) appeal.

“And let the planning inspectors show some consistency. They have turned this down once – they should do so again.”

Only planning chairman Robert Rowden disagreed, saying: “I cannot oppose this. This applicant went to appeal and was quite clearly told by the inspector exactly how he could get what he wanted, without our permission or anyone else’s – and he did it. I don’t see anything wrong with that.”