A RETIRED joiner is facing a hefty fine after refusing to tear down his £50,000 conservatory because the colour “harms the area.”
Andrew Jolly, 64, spent thousands building a dormer after he and his wife Alison downsized and moved into a bungalow in Wigan, Greater Manchester.
The fuming local decided to get retrospective planning permission for the extension, as he wanted to start work as soon as he moved in with large parts of the house not in a good state.
He says planning officers and building inspectors verbally assured him he would be likely to get permission, but Wigan Council says it has no records of such assurances.
Now he faces a bill of over £20,000 to take down the structure, which houses the couple's bedroom, en-suite bathroom, and the home's heat pump system.
Mr Jolly said: “We've got a heat pump, we don't have gas – we've gone all green and done all that.
“It's impossible to take it down. In fact, I'm not taking it down.
“They can fine me or do whatever they want, I'm not taking it down, I've not got the funds to take it down.”
The retiree decided to build the upstairs extension to create extra room and provide an en-suite bathroom for his wife, who was treated for bowel cancer five years ago and has to use an ileostomy bag.
Despite being retired, Andrew got his sons to carry out the work under his instruction – and insists he used high-quality materials and complied with the council's building control team's suggestions to ensure it was up to code.
Work started in February 2024, but he was told he would need to submit a planning application after an officer turned up about two weeks later.
Andrew says he was told he shouldn't stop building when he asked, and he submitted an application in May. Work on the dormer was completed in July.
However, in late October, his retrospective planning application was refused and an enforcement notice issued, with his local council telling him the extension causes ‘harm to the overall design and appearance of the dwelling'.
He was then issued an enforcement notice to tear down the structure he had spent months building.
The decision has left Mr Jolly dumbfounded – with several other homes on the street having their own dormers.
He added: “I want the plans passed and for us to move on.
“The lady that came and took pictures said ‘I can't believe you're being made to pull this down.'
“The lady next door can't believe it, over the road they can't believe it.
“All the other ones in the street, they're all s****y s****y looking dormers, ours' is up to date, fire-proof cladding and everything.
“The building control guy said ‘for what it's cost you to build this you could do two extensions with the amount of spec you've put in to this'.”
Following the council's decision, Mr Jolly has tried to appeal the decision.
The government's Planning Inspectorate even got involved – but their findings have backed the council.
A report written by an inspector at the Planning Inspectorate says the dormer “dominates and unbalances the property” and “the use of mid-brown coloured cladding” is “at odds with the property itself.”
The inspector adds that they find the extension has caused “significant harm to the character and appearance of the property and area”.
Wigan Council says it is now trying to work on a compromise solution with the unhappy homeowner.
A Wigan Council spokesperson said: “We investigated this extension after receiving a complaint, in line with our planning policy.
“It is the responsibility of residents to ensure any developments of their property adhere to the relevant planning regulations. Although planning permission can be granted retrospectively in some cases, this cannot be guaranteed.
“Having undertaken a full review of our case files in relation to this matter, we can find no record of the assurances that Mr Jolly says were given.
“However we do recognise the difficult position that Mr Jolly is in, and we are reaching out to him to see if there is a compromise position which would be acceptable to both him and the council, and find a resolution to what is clearly a stressful situation for him and his family.”
Flying Eze has reached out to Wigan Council for a comment.
What to Do If You Disagree with the Council's Planning Decision
Disputes over planning applications can be stressful, but there are steps you can take to challenge or resolve the situation:
- Understand the Reasons: Carefully review the council's decision and the specific reasons for refusal or enforcement. This will help you identify areas to address.
- Seek Professional Advice: Consult a planning consultant or solicitor with expertise in planning law. They can offer tailored advice and represent your case if necessary.
- Submit an Appeal: If you believe the decision is unfair, you can appeal to the Planning Inspectorate. Be prepared to provide evidence and technical details to support your case.
- Explore Compromise: Engage with the council to see if a compromise can be reached. Adjusting aspects of the development, such as materials or design, may lead to an acceptable solution.
- Engage the Community: Support from neighbours and local residents can strengthen your position. A petition or letters of support may highlight the development’s benefits.
- Act Promptly: There are strict time limits for appeals and responses to enforcement notices. Ensure you act within the specified deadlines to avoid further complications.
Remember, while it can be frustrating, maintaining a constructive dialogue with the council is often the best way to find a resolution.
