Landowner ordered to demolish home or face prison
Two homes and other unauthorised buildings have been built on the land near Whitchurch
- Published
A landowner who built his home without permission and refused orders to demolish it has been handed a 12-month suspended prison sentence.
Adam Merrill was found guilty of contempt of court after breaching planning regulations at the site on the Cheshire-Shropshire border and ignoring an injunction.
Mr Merrill had claimed planning rules did not apply to him, and he had a right to live on the land on Wirswall Road, Wirswall, said Cheshire East Council.
Now all unauthorised buildings, including his home, must be demolished, or he faced the prospect of prison, the council added.
Enforcement action was first taken in 2014 over "numerous breaches" of planning control at the site known as Six Acres.
Mr Merrill - who was previously known as Michael Merrill - built a home for his family, and a second for his in-laws, said the council.
Other unauthorised buildings were also constructed, all in open countryside.
He ignored all legal steps, including a court injunction in 2022, ordering him to remove them, stated the local authority.
The land must no longer be lived on by mid-July, with the residential properties demolished by January 2025
The council said he claimed he had the right to "live on the land" and that the Town and Country Planning Act did not apply to him and his wife.
Mr Merrill was found guilty of contempt of court and given a 12-month suspended prison sentence on the 26 January.
All residential use of the land must end by 15 July 2024, and the residential property must be removed by 26 January 2025.
A timetable for the rest of the buildings to be demolished was still to be agreed, said the council.
"We do not seek to see people sent to prison for planning offences," said Cheshire East councillor Mick Warren, who described securing an injunction and an application for contempt of court as a "last resort."
No regard had been shown for the planning process, and the owners had been given "considerable time" to comply with the regulations, he added.
“It is regrettable that the council had to take this action. Hopefully, the prospect of a 12-month prison sentence will result in compliance".
The development was unacceptable and inappropriate, said the council
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