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Retired builder must demolish unauthorised green belt home

Summarised from 3 outlets · Updated 9 Nov, 13:57 · Archive

Retired builder Barry Devine must demolish his unauthorised green belt home in Dutton after losing a Court of Appeal planning battle.

Retired builder Barry Devine has exhausted his legal challenges and must now demolish his unauthorised home on green belt land in Dutton. The Court of Appeal rejected his final appeal in March 2023, leaving the original enforcement notice in force.

Devine purchased Dones View Farm on Northwich Road in 2000, when it contained a 19th-century barn. Over 19 years, he extended and added to the structure, eventually creating a substantial house with separate wings. He undertook all the work without obtaining planning permission, though he has consistently argued that none was required.

Cheshire West and Chester Council disagreed fundamentally. In March 2019, it issued an enforcement notice demanding the demolition of the building, along with extensive boundary walls and fencing. The council's position was that Devine had not merely extended the original barn, but had constructed an entirely new building that required full and detailed planning permission.

Devine appealed the enforcement notice to the Planning Inspectorate, which heard the case over three days before rejecting it. He then pursued further appeals to the High Court in August 2022 and subsequently to the Court of Appeal in March 2023, both of which were dismissed.

With all legal avenues exhausted, the enforcement notice remains in force and Devine has been criminally prosecuted by Cheshire West and Chester Council under the Town and Country Planning Act 1990. The building still stands, but the retired builder now faces the prospect of complying with the demolition order or facing further legal consequences.

Retired builder must demolish unauthorised green belt home
Image: Chester Standard

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How it is being reported

In this story: Barry Devine · Cheshire West and Chester Council · Dutton · Dones View Farm · Planning Inspectorate · High Court · Court of Appeal

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