Furious neighbors call dad 'arrogant' after he refuses to demolish illegal houses
A landowner who has been threatened with jail unless he demolishes two family homes he built without planning permission has been branded 'arrogant'.
Michael Merrill, 51, built two wood-clad characteristics on his land in the rural village of Wirsall, Cheshireone for his immediate family and one for his in-laws.
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Neighbors have criticized the father for openly defying planning laws in the decade-long battle with Cheshire East Council.
One said: “He is arrogant.
'He thinks the planning laws don't apply to him and he can do whatever he wants.
“This has been a real saga and it seems to continue.”
Read more about illegal ownership
Another neighbor, who was walking through the rolling countryside, added: “He's not causing any real problems but he can't just law.
'We'd all like to build things if we have space on our property, but we have to comply with planning law.
He thinks the planning laws don't apply to him and he can do whatever he wants
A neighbor of Michael Merrill
“But he just seems to think the law doesn't apply to him.
“He's incredible, but he could be about to face the music.”
After a series of complaints, Cheshire East served him with an enforcement notice in 2014.
The order stated that the buildings were “all in open countryside and without planning permission”.
It added that Merrill had ignored “all other legal action by the council to have the property removed”.
Merrill continued to defy the council's order to remove the buildings until the case was heard at the High Court in Manchester last month.
ONE YEAR TO CLOSE THE HOUSES
A judge ordered Merrill to demolish the houses within a year and gave him a twelve-month suspension jail punishment for contempt of court.
Merrill was ordered to stop living on the land in mid-July and has until the end of January 2025 to demolish the property.
The judge also awarded the council £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.”
The city served Merrill with an injunction in 2014. He appealed, but this was rejected in 2017.
DECISION OF THE COUNCIL
In October 2022, the council obtained an injunction, giving Merrill until May 3 of the following year to remove three buildings, a viewing platform and paved areas, and another three months to restore the land to its original condition.
When Merrill did not comply with the order, the council prosecuted him in the Supreme Court.
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.
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).
“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 municipality 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 Online approached Mr Merrill but he declined to comment.
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