Stud farm owner loses planning appeal
THE owner of a stud farm has been ordered to return an unauthorised dwelling back into an agricultural barn after losing an appeal against a planning enforcement notice.
Jason Capstick, of Vianova Stud Farm on Postern Gate Road in Quernmore, has been told to make the changes after losing his appeal against an enforcement notice issued by Lancaster City Council.
Following a refusal of planning permission for the siting of a residential caravan on this isolated site in the countryside and the dismissal of several subsequent appeals, Mr Capstick secretly converted an agricultural building, previously used as stables, into a family home.
The appeal was heard at a public inquiry in August and September of this year, at which Mr Capstick admitted to secretly converting the building.
Mr Capstick claimed that because the home had been in existence for more than four years it was immune from planning enforcement.
The inquiry heard evidence from the council that the building had been converted into a family home in stages but was not substantially complete by the date the notice was served.
In reaching his conclusions to dismiss the enforcement appeal the inspector, John Waldron, stated that “Four years before the enforcement notice was issued the building was not in the state that the appellant originally contemplated and intended.” The building was not therefore immune from enforcement action.
Mr Capstick has therefore been ordered to remove the building’s internal walls, windows and the bathroom to convert it into an agricultural building.
Coun Keith Budden, chairman of the city council’s Planning Committee, said: “Thankfully cases such as this are rare because the majority of people respect the planning laws and realise that they are there for a good reason.
“Where the law is breached we will have no hesitation in taking action and this case should act as a warning to others who think they can get away with not complying with the planning regulations.”
Date Published: 13/10/09