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The Leopard
03 Feb 10 12:37
Joined:
Date Joined: 05 Apr 06
| Topic/replies: 48,023 | Blogger: The Leopard's blog
http://news.bbc.co.uk/1/hi/england/surrey/8495412.stm

Nice try...

Farmer loses High Court fight to save hidden castle

Mr Fidler hoped to take advantage of a legal loophole
A farmer who built a castle hidden inside a stack of straw bales has lost a High Court bid to save it from being demolished.

Robert Fidler, of Salfords, Surrey, built the house, complete with turrets, without planning permission.

He kept it hidden until August 2006 and was ordered to tear it down by Reigate and Banstead Borough Council in 2008.

Mr Fidler appealed on the basis that his house had stood for four years without anyone objecting to it.

He claimed he only started building the structure when the council did not answer his planning application to turn a cowshed into a house.

Loophole hope

When Mr Fidler removed the bales he believed the structure would no longer be subject to planning enforcement because of a legal loophole.

But in March 2007 the borough council issued an enforcement notice, which was upheld by a Government planning inspector in May 2008.

The inspector ruled that the removal of the straw bales constituted part of the building works and the four-year immunity rule would not apply.



The castle has ramparts and a replica cannon
The High Court was asked to decide whether the removal of the straw bales and tarpaulin was, in the eyes of the law, part of the building operation.

Deputy High Court judge Sir Thayne Forbes said he had to decide "whether the inspector was right to conclude that the removal of the bales and the tarpaulin formed part of the building operation".

The judge said: "In my view, the inspector's findings of fact make it abundantly clear that the erection/removal of the straw bales was an integral - indeed an essential - fundamentally related part of the building operations that were intended to deceive the local planning authority and to achieve by deception lawful status for a dwelling built in breach of planning control."

He added that the inspector "cannot be faulted" and he was "plainly right to reach the conclusion that he did".

After the hearing Mr Fidler's solicitor, Pritpal Singh Swarn, said an appeal was being considered.

He said: "Mr Fidler is obviously disappointed and will almost certainly want to appeal bearing in mind what he stands to lose, which is the house that he has built.

"The judge appears to have left open the big question - when is a building substantially complete?

"It is necessary for the courts to draw the line as to what constitutes a completed development."
Pause • Switch to Standard View Fidler to lose 'Castle'
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Report panglima • February 3, 2010 12:42 PM GMT
Wont be knocked down
Report The Leopard • February 3, 2010 12:42 PM GMT
bbc1 now
Report The Leopard • February 3, 2010 12:43 PM GMT
sry i'm on time delay.....2mins back...
Report panglima • February 3, 2010 12:44 PM GMT
once its been up 4 years the council does not have a brick to stand on.
Report The Leopard • February 3, 2010 12:46 PM GMT
How did he build it and keep it secret for 4 years...?
Report panglima • February 3, 2010 12:48 PM GMT
he had it hidden by a 20 ft barrier of hay
Report Big Charlie • February 3, 2010 12:55 PM GMT
There's another one somewhere.

A bloke refurbished a large barn and disguised it with an outer layer of bricks to make it look normal from the outside.

IIrc, council said it can stay.
Report The Leopard • February 3, 2010 12:59 PM GMT
Yes....I know it was hidden..........but what about bringing all the materials in........did he have any help...etc...?
Report Ovalman. • February 3, 2010 1:15 PM GMT
Did Josef Fritzel have to declare his cellar?
Report The Leopard • February 3, 2010 4:07 PM GMT
Austrian.......different planning laws...
Report STEPTOES YARD • February 3, 2010 4:15 PM GMT
It will be knocked down
Report boxingthefox • February 3, 2010 4:17 PM GMT
Fidler by name.....fiddler by nature.
Report positively4thsteet • February 3, 2010 4:19 PM GMT
Was sure this was going to be a daily mail link about a dole "fiddler" , possibly non-white, who was living in a "castle" at the taxpayers expense, I presumed the OP had just spelled "fiddler" incorrectly.

Am I alone?
Report macarony • February 3, 2010 4:20 PM GMT
Will the local council storm the castle with a battering ram and catapult?
Report aceofspades • February 3, 2010 5:57 PM GMT
Mr Fidler, legal loopholes, a castle with replica cannon and talk of erecting straw bales
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