Defendant jailed after refusal to comply with court order to demolish family buildings

According to Cheshire East Council, which took enforcement action over “numerous breaches” of planning control, the landowner had built a dwelling for his family and a second for his in-laws.

Michel Merrill, 53, had also constructed other unauthorised buildings, “all in open countryside and without planning permission”, said the council.

Cheshire East said Merrill was originally served with an enforcement notice in 2014 and had ignored further legal steps by the council to have the properties removed.

According to the council, he claimed he had the right to “live on the land” and that the Town and Country Planning Act did not apply to him and his wife. This was rejected by a judge, the council said.

Cheshire East Council was granted a High Court injunction in October 2022, which required the removal of the unauthorised development near Whitchurch.

However, Merrill failed to comply with the injunction and on 26 January 2024 he was given a 12-month prison sentence, suspended for 12 months, for contempt of court.

The council said that, following this, Merrill was given further opportunity to comply with the injunction, which required all residential use of the land cease by July 2024, and all unauthorised development be demolished and removed by January 2025.

However, the injunction was ignored.

The matter was referred back to court for further contempt proceedings.

At the High Court in Manchester on 19 May 2025, Merrill was sentenced to 12 months in prison in his absence.

The local authority said: “Owing to his failure to attend the court hearing, a warrant was issued for his arrest.”

Merrill was also ordered to pay the council’s costs.

In January 2026, Merrill was arrested and taken to prison in Liverpool to serve his sentence.

Cllr David Jefferay, chair of Cheshire East Council’s environment and communities committee, said: “Prison is the ultimate sanction which can be handed down by a court in matters concerning unauthorised development.

“They are not proceedings which are taken lightly by the council. However, where there exists a continuing flagrant breach of planning control and where a landowner continues to carry out further unauthorised development, despite an injunction being in place, there is little option left to us. 

“Irrespective of the landowner serving time in prison, he is still required to comply with the requirements of the injunction – and these remain outstanding.”