Father was forced to demolish two houses and a viewing platform or risk going to prison
A father is furious after being ordered to demolish two beautiful country houses he built for his family – or face jail time.
Michael Merrill completed construction on his land called Six Acres in Wirswall, Cheshire, before being hit with a barrage of complaints from locals and neighbours.
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Cheshire East Council served the 51-year-old with an enforcement notice in 2014, saying the properties had been built “without planning permission”.
Officials also condemned the homeowner for ignoring “all other legal action by the municipality to have the property removed.”
The furious father appealed, but this was rejected in 2017.
Then in October 2022, Merrill was given until May 3 of the following year to destroy the buildings, including a viewing platform and paved areas.
He was also instructed to restore the land to its original state after construction.
What are your rights?
Building Permit Guidelines according to gov.uk
If you want to build something new, make a major change to your building or change the purpose of your building, for example if you want to start a business, you will need a building permit.
To find out if you need a building permit, please contact your Local Planning Authority through your municipality.
If the building permit is refused, you can do so appeal.
You can appeal if you are refused planning permission for reasons you believe are contrary to the LPA's development plan or planning policy (these can usually be found on their website).
You can also appeal if you have received a building permit with conditions to which you object. You must explain why you think they are unnecessary, unenforceable, vague, unreasonable or irrelevant.
Another reason for an appeal is if the LPA has not given you a decision on your application and eight weeks have passed since the date they told you they received the application (or if any other time period that you agreed with them has passed agreed).
In a bitter planning battle that lasted a decade, Merrill was taken to the High Court in Manchester early this year after failing to comply with these orders.
A judge ordered the father to demolish his family home within a year.
He was also slapped with a 12-month suspended prison sentence for contempt of court.
The reeling homeowner has been given until January 2025 to demolish the property and must vacate the land by July this year.
Cheshire East Council also received £17,409, in addition to £21,000 in costs from previous hearings.
A council spokesman said: “He claimed he had the right to 'live on the land' and that the Planning Act did not apply to him and his wife. This was rejected by the judge.”
Councilor Mick Warren, chairman of the Environment and Communities Committee, said: “We don't want people being sent to prison for planning crimes.
'Action to obtain an injunction and a petition for contempt of court are a last resort.
“However, where parties show no respect for the planning process in the event of an unacceptable and inappropriate development, the council has no choice but to take legal action and in this case the property owners were given significant time to comply. with planning rules.
“It is regrettable that the council had to take this action. Hopefully the prospect of a 12-month prison sentence will lead to compliance.
“The council has incurred significant costs and officer time in this matter and this could have been invested in other areas within the council services.
“It was important to ensure compliance with planning law.”
The Sun has contacted Cheshire East Council for comment.
It comes after a man embroiled in a bitter council row was forced to destroy his £25,000 garden or face a prison sentence.
Richard Hickson paid £5,000 for a patch of grass next to his garden in Istead Rise, near Gravesend, Kent, and built a six-foot privacy fence around it.
The father-of-two created the extra space for his five- and eight-year-old daughters and donated a further £20,000 to perfect it.
But now his “sanctuary” will have to be opened to the public.
Despite not receiving any complaints from Kent County Council for five years, the 37-year-old is now being threatened with “a fine, jail or both” if he does not take down the fence.
Meanwhile, another homeowner who spent £100,000 on a luxury treehouse is “heartbroken” after being told he may have to demolish it.
John Kitson built the one-bed hut in private woodland in Morval, Cornwall to create “the perfect hideaway”.
But Kitson is now faced with the prospect of demolishing the treehouse after becoming embroiled in a planning war with Cornwall Council.
He promoted his treetop holiday online as a glamping destination, but when the council saw the advert they claimed it posed an illegal safety risk.
What are your rights regarding retroactive building permits?
A local planning authority may submit an application retroactively Government.uk.
You must submit your application as soon as possible.
Although a local planning authority may submit an application, do not assume that permission will be granted.
A person who has undertaken an unauthorized development has only one option to obtain planning permission after the event. This can be done through a retroactive planning application or through an appeal against an enforcement order, on the grounds that planning permission should be granted or that conditions should be removed.
The local planning authority may retrospectively refuse a planning application if an enforcement notice has previously been issued.
An appeal cannot be lodged if a retroactive enforcement notice is issued within the period for assessing a planning application
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