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Fight to save hidden castle fails Fight to save hidden castle fails
(about 2 hours later)
A farmer who built a castle hidden inside a stack of straw bales has lost a High Court bid to save it from being demolished. A farmer who built a castle hidden behind a stack of straw bales has lost a High Court bid to save it from being demolished.
Robert Fidler, of Salfords, Surrey, built the house, complete with turrets, without planning permission. Robert Fidler, of Salfords, Surrey, built the home - complete with turrets - without planning permission.
He kept it hidden until August 2006 and was ordered to tear it down by Reigate and Banstead Borough Council in 2008. He kept it hidden until August 2006 but was ordered to tear it down by Reigate and Banstead Borough Council in 2008.
Mr Fidler appealed on the basis that his house had stood for four years without anyone objecting to it.Mr Fidler appealed on the basis that his house had stood for four years without anyone objecting to it.
He claimed he only started building the structure when the council did not answer his planning application to turn a cowshed into a house.
Loophole hope
When Mr Fidler removed the bales he believed the structure would no longer be subject to planning enforcement because of a legal loophole.When Mr Fidler removed the bales he believed the structure would no longer be subject to planning enforcement because of a legal loophole.
Immunity rule
But in March 2007 the borough council issued an enforcement notice, which was upheld by a Government planning inspector in May 2008.But in March 2007 the borough council issued an enforcement notice, which was upheld by a Government planning inspector in May 2008.
The inspector ruled that the removal of the straw bales constituted part of the building works and the four-year immunity rule would not apply.The inspector ruled that the removal of the straw bales constituted part of the building works and the four-year immunity rule would not apply.
The castle has ramparts and a replica cannon
The High Court was asked to decide whether the removal of the straw bales and tarpaulin was, in the eyes of the law, part of the building operation.The High Court was asked to decide whether the removal of the straw bales and tarpaulin was, in the eyes of the law, part of the building operation.
Deputy High Court judge Sir Thayne Forbes said he had to decide "whether the inspector was right to conclude that the removal of the bales and the tarpaulin formed part of the building operation". The castle has ramparts and a replica cannon
The judge said: "In my view, the inspector's findings of fact make it abundantly clear that the erection/removal of the straw bales was an integral - indeed an essential - fundamentally related part of the building operations that were intended to deceive the local planning authority and to achieve by deception lawful status for a dwelling built in breach of planning control." Deputy High Court judge Sir Thayne Forbes said: "In my view, the inspector's findings of fact make it abundantly clear that the erection/removal of the straw bales was an integral - indeed an essential - fundamentally related part of the building operations that were intended to deceive the local planning authority and to achieve by deception lawful status for a dwelling built in breach of planning control."
He added that the inspector "cannot be faulted" and he was "plainly right to reach the conclusion that he did". The judge said Mr Fidler had used two grain silos to form two turrets at the corners of his house. There was also "a stain-glass lantern feature" over a central hall, or gallery.
The property includes a kitchen, living room, study, shower room and toilet and separate WC.
On the first floor, there are four bedrooms and another room still being fitted as a bathroom.
Appeal planned
On the south side of the house there is a gravelled forecourt, and to the north and north-western corner a new patio and conservatory.
The judge said: "Mr Fidler made it quite clear that the construction of his house was undertaken in a clandestine fashion, using a shield of straw bales around it and tarpaulins or plastic sheeting over the top in order to hide its presence during construction.
The judge appears to have left open the big question - when is a building substantially complete? Pritpal Singh Swarn,solicitor
"He stated that he knew he had to deceive the council of its existence until a period of four years from substantial completion and occupation had occurred as they would not grant planning permission for its construction.
"I accept that the act of concealment does not in itself provide a legitimate basis for the council to succeed, as hiding something does not take away lawful rights that may accrue due to the passage of time."
He added: "From his own evidence and submissions it was always his intention to remove the bales once he thought that lawfulness had been secured."
After the hearing Mr Fidler's solicitor, Pritpal Singh Swarn, said an appeal was being considered.After the hearing Mr Fidler's solicitor, Pritpal Singh Swarn, said an appeal was being considered.
He said: "Mr Fidler is obviously disappointed and will almost certainly want to appeal bearing in mind what he stands to lose, which is the house that he has built.He said: "Mr Fidler is obviously disappointed and will almost certainly want to appeal bearing in mind what he stands to lose, which is the house that he has built.
"The judge appears to have left open the big question - when is a building substantially complete?"The judge appears to have left open the big question - when is a building substantially complete?
"It is necessary for the courts to draw the line as to what constitutes a completed development.""It is necessary for the courts to draw the line as to what constitutes a completed development."