Homeowner Ordered to Knock Down Illegal Buildings in Back Garden

A Reading homeowner who built two illegal homes in her back garden without planning permission has been ordered to knock them down, following an unsuccessful appeal against Council enforcement action.

Reading Borough Council’s planning enforcement team took action against the owner of 1 Hawk Cottages, Silver Street, after the two structures were crammed into the back garden of the property. Planning Enforcement notices were issued by the Council in November last year.

The notices were subsequently appealed by the homeowner who claimed the buildings did not constitute a breach of planning control, but this was dismissed by the Planning Inspector who ratified the Council’s previous enforcement action and ordered her to dismantle the structures and restore the buildings to gardens by March 2025.

In his decision notice dated September 23, which can be found at Reference: APP/E0345/C/23/3335151 (planninginspectorate.gov.uk), the Inspector stated that the erected dwellings have no street frontage, occupy a ‘backland’ location and are of modest footprint, giving the impression of being ‘uncomfortably cramped’ within their plots. They also have low profile rooflines, in stark contrast to the majority of other dwellings in the vicinity.

The Inspector states the factors contribute to the dwellings being perceived as ‘alien features’, not relating well to and being markedly at variance with the prevailing pattern of local residential development and seriously eroding the visual qualities of the surroundings.

He concluded the development caused ‘unacceptable harm to the character and appearance of the surrounding area’. In addition, the Inspector found the structures made for ‘unsuitable living conditions’ for the existing and future occupiers.

The erection of the buildings is in conflict with the Council’s Local Plan which requires developments to be of high design quality which maintain and enhance the character and appearance of the area in which it is located, and is not compromised by overbearing or overshadowing.

If the landowner does not comply with the Council’s enforcement notices by March 2025, she risks prosecution in the Courts and a fine of £20,000.

Councillor Micky Leng, Reading Council’s Lead for Planning, said:

 “This is a good result for the Council’s small but diligent planning enforcement team who work extremely hard behind the scenes to help protect the character and appearance of our communities.

 “These two structures constructed in a back garden, were deemed to be substandard on review by the Planning Inspector and they were without planning permission. We would urge any homeowner planning something similar to go through the correct channels in advance, as planning protections are in place to protect our communities and the impact of developments on neighbours.

 “The planning enforcement team have a long list of live cases which are actively being investigated and landowners should be in no doubt that enforcement action will follow where warranted and where planning guidelines are so blatantly disregarded, as was the case in this instance.”

 A list of active planning enforcement cases can be found at Planning enforcement notices - Reading Borough Council