22 February 2024 , 15:37
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A widowed man who also suffered a stroke is facing the threat of eviction from his bungalow because the council says it doesn't match 'the rhythm of his street'.
Tony Edgar, 55, built the single-storey property as an outbuilding to go with a larger home on a plot he bought in 2008. After suffering from the stroke and losing his wife, he decided to abandon the project and live in the smaller property instead. He sold the big house in 2020 and moved into the bungalow, in Pakenham, near Bury St Edmunds, permanently that same year.
Tony, a former builder, applied to make it a permanent dwelling in November last year. But West Suffolk Council refused permission earlier this month, meaning Tony could face eviction. The council ruled the building is not fit for "independent residential use" and said it is "at odds" with the "rhythm" of the street.
But the grandad-of-four says he's been through "hell" and doesn't understand why he can't stay in the bungalow. Tony said: "It's ridiculous - it shows a complete lack of compassion. I've lost everything - this is all I have left. I've lived here since 2017. You just can't talk to them at all. It's a classic case of councils spending time and money fighting things for no good reason. It's so frustrating. I really struggle with my mobility since the stroke - with walking, bending and balance. Living in a big or two-storey house would be really difficult for me.
"The home I'm living in already has a bathroom and kitchen, and they've given me permission to add a garage. Why allow all that and then not allow me to keep living here? It all conforms to building regulations and meets all my physical needs. My application for change of use didn't even get as far as the planning committee. They just turned it down.
Homeowner who built house on driveway forced to tear it down in planning row
Tony built the one-storey property as an outbuilding but now lives in it (James Linsell-Clark/SWNS)"I have no income, no money, and I can't earn. If I have to move out they'll have to pay for me to be housed somewhere else. It just can't be cost-effective for them." Tony and his wife Joanne, who was 38 at the time, bought their dream home, named Newbury, in 2008. Tony planned to renovate the house himself and built a single-storey building - called Stanley Lodge - for them on the three-quarter acre plot in 2010.
But after his stroke and the death of Joanne, Tony decided he could not work on the larger house. Unable to work anymore, he used their pensions to pay someone else to do the renovations, which were finished in 2017. He rented out Newbury then eventually sold it in 2020 to pay off the £200,000 mortgage.
Tony had hoped to stay in Stanley Lodge for the foreseeable future - but is now facing a move. He claimed in his planning application that the bungalow was originally built using permitted development rights as an outbuilding for Newbury. Documents show that Tony was then given outline planning permission - used to gain an understanding as to whether the nature of a development is acceptable - in 2021.
Tony Edgar (James Linsell-Clark/SWNS)But on February 9, permission for the building to stay was denied because the "building is considered to be at odds with the rhythm of the existing street scene". The documents stated: "The building is 40 metres away from the road and faces sideways, with the end of the building being seen from Fen Road, which isn't usual for houses on this road. Also, because the building is set back, the garden would be at the front, which again, isn't normal for Fen Road."
But Tony said: "None of this makes any sense at all. I've been through hell and I only want to keep living in the home I've been in for years and that meets all my needs."
West Suffolk Council told the East Anglian Daily Times: "We are sympathetic to the applicant's personal situation. However we cannot take personal circumstance into consideration when determining a planning application, and the independent Planning Inspector is now proceeding with their appeal in regards to the enforcement notice.
Tony built the one-storey property as an outbuilding but now lives in it (James Linsell-Clark/SWNS)"Enforcement officers visited the site in 2010 and numerous times afterwards. The building was originally constructed as an outbuilding and the owner was warned several times that it could not be used for independent residential use. Once it was clear in 2019 it was being used as a separate residence without planning permission an investigation followed and an enforcement notice was issued.
"An application to retain the building as a separate dwelling was recently refused." An appeal against the enforcement notice is currently with an independent Planning Inspector.