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Search the Public Notice PortalA RETIRED builder who took council planners to the Court of Appeal after being ordered to knock down his house built on green belt land has one last chance to get the wreckers in.
Barry Devine bought Dones View Farm on Northwich Road in Dutton in 2000, which was then home to a 19th century barn.
According to Mr Devine, over the subsequent 19 years, he added to the barn and over time, it evolved into a substantial house complete with separate wings.
He undertook the work without planning permission, though he has consistently argued it was not necessary in the circumstances.
Nevertheless, Cheshire West and Chester Council (CWAC) issued an enforcement notice in March 2019 demanding he demolish the building, along with extensive boundary walls and fencing.
It argued the house was not the old barn at all, but an entirely new building which required full and detailed planning permission.
Mr Devine appealed the enforcement notice to the Planning Inspectorate, part of the Ministry of Housing, Communities and Local Government, but after a three-day hearing, this was rejected.
A further unsuccessful appeal was made to the High Court August 2022, and when that failed, even to the Court of Appeal in March 2023, which was also dismissed.
With the original enforcement notice still in force and the buildings still in place, Mr Devine has since been criminally prosecuted by CWAC under the Town and Country Planning Act 1990.
He appeared at Chester Crown Court on Friday, November 6, for sentencing after being found guilty of one breach of a planning enforcement notice.
The offence carries a penalty of an unlimited fine, and repeat offenders have even been jailed.
However, the Recorder, Eric Lamb, said he was not minded to proceed to sentence as Mr Devine had provided the court with documents which showed the building was scheduled to be demolished.
Work would start on Saturday, November 14, and would be completed by Saturday, November 28, the documents suggested.
The work is expected to cost Mr Devine around £20,000.
Mr Lamb was also concerned Mr Devine was unrepresented at court having 'spent all his money' appealing the case.
Mr Devine said he understood he might now be entitled to legal aid.
“Am I to understand you want the fact the demolition is – or will be – complete to form part of your mitigation in this case?” the recorder asked.
Mr Devine said he did.
Mr Lamb adjourned the sentencing hearing until Monday, December 21.
He also made an order allowing CWAC planning inspectors to enter Dones View Farm ahead of the hearing to check the work is complete.
This will take place on Monday, December 14.
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