A RETIRED architect has been told to demolish his bungalow – or Oxford City Council will do it for him.
Nigel Cowell, of Mill Lane, Marston, has until tomorrow to convince city planners the work is in hand or they will send in the bulldozers themselves – the first time the authority would be forced to take such an extreme measure.
Mr Cowell built the one-bed bungalow at 34 Mill Lane in 2005 without planning permission and has fought a five-year battle with the council to keep it.
But after enforcement notices were continually ignored, city planners decided to give Mr Cowell, who lives in another property in the same street, a final warning to pull it down or they will send in their own contractors.
Planners agreed to take ‘direct action’ – the most severe measure allowed to councils under planning law – if Mr Cowell does not start to demolish the bungalow tomorrow.
The council has refused to allow the bungalow to stay, on the grounds it was an overdevelopment of the site and detrimental to neighbouring properties.
City councillor Mary Clarkson said: “The council has tried to resolve this in other ways over the years and nothing’s happened.
“We’re at the end of the line now.”
She added: “It shows we take it seriously when people ignore planning law. The public are grateful we do take it seriously as they’re the ones who are often on the receiving end of things being built inappropriately, overbearing properties or causing traffic nuisance.”
In 2008, Mr Cowell was fined £5,000 for non-compliance with an enforcement order and earlier this year he withdrew his own High Court appeal against a second order.
He told the Oxford Mail that he recognised the council’s power to act and said he would knock down the property himself.
But he vowed to continue his fight to vindicate his actions.
He said: “I’ve been fighting this for five years and I’ve had to get on with my life. I have every expectation that I will be vindicated and I will sue them for damages.”
He estimates the long-running battle has cost him £100,000 but he is giving away building materials and fixtures from the bungalow free to those who can reuse them.
He said: “It’s so much better for people to use it than for it to go in the ground.”
Mr Cowell described the council’s decision to take direct action as “irresponsible”.
He added: “I can’t find suitable words to express my opinion.”
He said applying for retrospective planning permission was legitimate and previous permission, for a garage and workshop on the site, proved it was acceptable for a building of that size and shape to be built.
He added: “Clearly I can’t stop it now, I have done my best.”
How the battle progressed
April 2005: Planning permission is granted for a garage/workshop/store.
July 2005: The city council warns about building a bungalow on the site.
September 2005: Retrospective permission for a bungalow is refused.
January 2006: An enforcement notice is issued ordering the bungalow to be modified to a garage/ workshop/store.
February 2008: Nigel Cowell is found guilty of non-compliance with an enforcement notice, fined £5,000 and ordered to pay £5,000 costs, left.
October 2009: An enforcement notice is issued ordering demolition of the bungalow, held in abeyance to allow a High Court appeal to be heard.
March 2010: A High Court appeal is dropped.
June 2010: The council confirms it will knock the bungalow down if Mr Cowell refuses to do so.
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