Council loses battle over straw bale home

Forest of Dean District Council has failed in a bid to knock down a straw bale house originally intended as a prototype.

James Wallis of Staunton had appealed against an enforcement notice issued by the local authority, which alleged that he had breached planning control as a result of an unauthorised change of use of the house from research and development purposes to a home.

On 16 February 2009, Wallis' appeal in relation to the residential occupancy of the straw bale house and use of adjoining land was dismissed by the Secretary of State for Communities and Local Government.

Wallis challenged this decision in the High Court, where a judge ordered the Secretary of State to reconsider the appeal.

A government-appointed inspector has now upheld the council’s enforcement notice in relation to the residential use of land around the building, but allowed the residential occupancy to continue in the house itself.

Peter Williams, Group Manager for Planning and Housing at Forest of Dean, said it was “very disappointing” to lose the case. Planning permission was originally granted as an exception to policy for a specific educational purpose and because of its environmental aspects, he added.

Williams said: “Planning law states that immunity from enforcement action is gained either after ten years for uses of land or breaches of condition, or four years for building works or changes of use to a single dwelling. The council’s argument in this case was that the relevant period was ten years as there was a breach of a condition on the original planning permission.

“The inspector accepted the appellant’s argument that the relevant period in this case was four years. The complexity of the arguments is reflected in the fact that the case has been the subject of consideration by two inspectors and the High Court.”

Wallis claimed to the BBC that the case was “a shocking waste of council officers’ time”.